cabot finance/mortimer clarke

[LUFC]

i recently got a ccj from mortimer clarke on behalf of cabot finance.I contacted mortimer clarke and asked for a copy of the original agreement under sections 78-79 of the consumer credit act 1974 and enclosed my £1 fee and gave them 12 days.I also requested documents mentioned in a statement of case under CPR 31.14.They wrote back and said they did not have them and things were being put on hold and action had been cancelled for the time being. I used this as my defence and sent it to the county court Can they take me back to the county court even though they have ran out of time ? anyone got any advice thanks

[charitynjw]

Re: cabot finance/mortimer clarke

i recently got a ccj from mortimer clarke on behalf of cabot finance.I contacted mortimer clarke and asked for a copy of the original agreement under sections 78-79 of the consumer credit act 1974 and enclosed my £1 fee and gave them 12 days.I also requested documents mentioned in a statement of case under CPR 31.14.They wrote back and said they did not have them and things were being put on hold and action had been cancelled for the time being. I used this as my defence and sent it to the county court Can they take me back to the county court even though they have ran out of time ? anyone got any advice thanks

Hi LUFC

You state that you have submitted your defence.
Have you had an instruction from the court that it has been accepted, & the claimant has been given 28 days to reply?
If not, phone the court (number is on the claim form) to check the status of the claim.

[LUFC]

Re: cabot finance/mortimer clarke

thanks charitynjw i have done that and received my letter from the court giving them 28 days

[charitynjw]

Re: cabot finance/mortimer clarke

thanks charitynjw i have done that and received my letter from the court giving them 28 days

So the ball is in their court.
If they fail to reply (which these claimants often do fail) the case will probably be stayed.
Unfortunately you are not informed of this, so shortly after the deadline, phone the court for details.
If they do reply, you should receive a copy of it.

[LUFC]

Re: cabot finance/mortimer clarke

thanks charitynjw for your advice