Mortimer Clarke solicitors and Cabot financial

[Mr perky]

I have no legal knowledge whatsoever and if any can advice I would be very grateful .In June of 2023 I received a county court from Cabot financial and Mortimer Clarke solicitors it was for a loan from likely loans which I ha d defaulted on due to personal problems . I acknowledged the original claim I then wrote to Cabot financial and mcs asking for a cca . They replied with no cca saying they would find it . I filed my defence on the 26/06 /23. I then received a letter saying they were taking it to the small claims track . I agreed to madiation however I then read that if I didn’t have all the paperwork I could not do mediation as I didn’t have the cca I declined . A premilnary hearing was then set for 05/04 /24 in the small claims court near to where I live . I informed the judge that I had never received a cca and he agreed that they should find one . Magically on 08/05/25 I have received a witness statement from Mortimer Clarke solicitor with an electronically signed loan agreement statements for said loan and default letters Cabot financial said they had sent me . The judge also said I should a witness statement and that I would hear from the court . Is there a time limit of any sort of which they should have sent this paperwork to me as on your template letter it says It should be received in 12 working days fro the date of the letter which was received by them on the 22/06/23 I would be grateful of any advice should I do a witness statement and do I have any legal ground to stand on .

[echat11]

Your dates don't add up.

Especially, 'Magically on 08/05/25 I have received a witness statement from Mortimer Clarke solicitor with an electronically signed loan agreement statements for said loan and default letters Cabot financial said they had sent me.'

You need to write it so that we can understand and follow what's going on with paragraphs.

[Mr perky]

Ok sorry I meant on the 08/04/24 after the premilnary hearing which was on the 05/04/24 I hope it now makes sense any advice would be appreciated thank u

[atticus]

To help echat11 . OP: using paragraph breaks to detail the timeline is a massive help to those trying to assist you.

I have no legal knowledge whatsoever and if any can advice I would be very grateful .

In June of 2023 I received a county court from Cabot financial and Mortimer Clarke solicitors it was for a loan from likely loans which I ha d defaulted on due to personal problems . I acknowledged the original claim I then wrote to Cabot financial and mcs asking for a cca . They replied with no cca saying they would find it .

I filed my defence on the 26/06 /23.

I then received a letter saying they were taking it to the small claims track . I agreed to madiation however I then read that if I didn’t have all the paperwork I could not do mediation as I didn’t have the cca I declined .

A premilnary hearing was then set for 05/04 /24 in the small claims court near to where I live . I informed the judge that I had never received a cca and he agreed that they should find one .

Magically on 8/4/2024 I have received a witness statement from Mortimer Clarke solicitor with an electronically signed loan agreement statements for said loan and default letters Cabot financial said they had sent me .

The judge also said I should a witness statement and that I would hear from the court .

Is there a time limit of any sort of which they should have sent this paperwork to me as on your template letter it says It should be received in 12 working days fro the date of the letter which was received by them on the 22/06/23 I would be grateful of any advice should I do a witness statement and do I have any legal ground to stand on .

[atticus]

NB court offices take an age to process paperwork. Can you name a single government funded service that is efficient?

[Mr perky]

In June of 2023 I received a county court claim against myself from Cabot financial and Mortimer Clarke solicitors
It was for a likely loan which I defaulted on in 2019 due to personal difficulty
I acknowledged the claim
I asked Cabot financial for a cca using a template from this website
Cabot financial and Mortimer Clarke did not have the requested documentation
Filed my defence on 26/06/23 as ther was no cca
I then received a letter from the court saying it had been allocated to the small claims traclk
i filled in a directions questionnaire
I agreed to mediation on the directions questionnaire
Mediation could not go ahead because of no cca
A premilnary hearing was then set for the 05/04/24
I informed the judge that Cabot financial and Mortimer Clarke solicitors had never complied to the cca request
The judge stated that they needed to find said paperwork
On the 08/05/24 I then received the said paperwork and also an electronically signed loan agreement and default letters which they had sent to me
My question is . Is ther a time limit for them to have sent the documents to myself as 10 months was a long time
Do I have any chance of still defending my claim or should I at this point just accept the ccj
I have no legal knowledge whatsoever
Hope this makes sense now .Any advice would be appreciated
Thank you

[echat11]

a) My question is . Is ther a time limit for them to have sent the documents to myself as 10 months was a long time

It sounds like the case was 'stayed', giving them time to 'find the paperwork'.
If they were taking too long, you should have contacted the Judge / Court, asked for their case to be 'struck out'.

b) Do I have any chance of still defending my claim or should I at this point just accept the ccj

All they've done is a small claims court claim against you.
The only way you get a CCJ is if you ignore a Judgement made by the Court.

Go through the documents they've sent, see if the documents are compliant.

Start with the CCA - https://lawzone.legal/when-is-a-cred...unenforceable/

[Mr perky]

Thank you I will look through the documents.Have I understood this right that as long as I follow what the judge says in the final hearing I will not get a ccj will I be offered a repayment plan once again thank you and sorry for the poor posting

[echat11]

Thank you I will look through the documents.Have I understood this right that as long as I follow what the judge says in the final hearing I will not get a ccj will I be offered a repayment plan once again thank you and sorry for the poor posting

Correct on both, do not ignore the Judgement, fill in an I & E form, to show that you can only pay so much, but take into account, the cost of living i.e. energy, food etc. Give yourself a 'buffer' just in case things continue to go up.

https://nedcab.cabmoney.org.uk/

[Mr perky]

Thank you so much for your advice feeling a bit better about the situation now many thanks