Claim issued by Cabot via Mortimer Clarke

[scs62]

Hi all,

I am hoping someone may be able to point me in the right direction after receiving a claim issued by the CC Business Centre.

It is in relation to a credit card debt dating back from around 2018.

I have tried to look at different posts to see how I should proceed but dont want to make the wrong move.

I have acknowledged the claim and stated that I intend to defend because I know they have added charges.

Please let me know what information you need.

Many thanks

[scs62]

I have just found this info that I need to supply:

Received a claim? Yes
Issue Date: 15/7/2022
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £3,300
Claimant’s Name: Cabot Financial (UK) Ltd
Solicitors Firm: Mortimer Clarke
Original Creditor: Newday
Original Debt £2000 approx
Particulars of Claim: By an agreement between New Day Ltd RE Aqua & the defendant on or around xx/11/2015 ('the agreement') New Day RE Aqua agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 3000.00 2.Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not SD
List any letters you have sent (eg: CCA/ CPR ): Nothing yet.
Any Other Information or Background Details: Not that I can think of.

[R0b]

Hi

I guess the immediate question I have is, what defence do you think you have against the claim?

Did you receive the default notice from either New Day or Cabot? Also did you receive the notice of assignment explaining that the debt has been transferred from New Day to Cabot?

[echat11]

When did you make the last payment?
Have you admitted to the debt in the last 6 years?

Acknowledging of Service within the first 14 days, that gives you 14 + 14 days, so that 28 days plus 5 for postage.

**Email Mortimer Clarke requesting a extension to file your defence**.

a) Send a CCA to Mortimer Clarke, they have 12 days to respond (keep an eye on that). Make sure you get Proof of Postage

https://legalbeagles.info/library/gu...etter-example/

b) Send a 31.14 request to Mortimer Clarke they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) You could also send a SAR to NewDay, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

d) When you get the requested information back from their solicitors, then you can complete your Defence (you will already have some information for your Defence) from the example Defence below -

https://legalbeagles.info/library/gu...-court-claims/

Important to get your Defence in on time, If you don't get the extension, I think you are looking at 13th August, but don't leave it until last minute.

[scs62]

Hi, thank you for responding. Doesnt look like I have much time left. I only received the claim form last week, acknowledged at the weekend so I am guessing I am out of time for that too.

Trouble is, where I live the postal service is shocking, always getting things late.

However, What should I say to Mortimer Clarke exactly, is there a template on here at all?

[echat11]

Hi, thank you for responding. Doesnt look like I have much time left. I only received the claim form last week, acknowledged at the weekend so I am guessing I am out of time for that too.

Trouble is, where I live the postal service is shocking, always getting things late.

However, What should I say to Mortimer Clarke exactly, is there a template on here at all?

Acknowledge of Service is out of time. Might be worth ringing the Court up, see what they say, explain the postal issues.

I would write something along the lines of -

Dear Sir / Madam

I have received County Court claim form reference XXXXXXXXX late due to postal issues in my area.

I seek to extend the time period for filing the defence as allowed under CPR 15.5, pending receipt of documents to enable me to lodge the Defence with the Court.

I look forward to hearing from you.

Yours faithfully

XXXXXXXXXX

Remember to follow it up, just because you sent it, doesn't mean they received it or respond to it.

[scs62]

Many thanks ECHAT11

[scs62]

I have emailed Mortimer to ask for an extension but as yet they have not responded. CPR and CCA sent.

I think I need to start thinking about draughting some sort of defence but I have no idea where to start.

I need the CPR and CCA responses but wont have them before my defence needs to be filed by 14th. Any ideas?

[echat11]

I have emailed Mortimer to ask for an extension but as yet they have not responded. CPR and CCA sent.

I think I need to start thinking about draughting some sort of defence but I have no idea where to start.

I need the CPR and CCA responses but wont have them before my defence needs to be filed by 14th. Any ideas?

Good to see you are in control -

a) I need the CPR and CCA responses but wont have them before my defence needs to be filed by 14th. Any ideas?

You can complete your Defence and file it online via MCOL, which you need to do, if they don't give you an extension. Leave it as late as possible. Use the example Defence below. A copy needs to be sent to their solicitors, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-court-claims/

If you don't know, just ask.

[scs62]

Ok, so my defence is due in tomorrow latest.

Mortimer clarke have not given extension, all they have sent in return in an email about data protection and asking for me to confirm details.

I guess I am just going to have to wing it! If I get a chance I will post it here first so you can give it the once over as I dont really have a clue

[scs62]

One other thing, should I put in my defence that I never received the full amount of time to respond due to postal issues in my area?

[echat11]

Ok, so my defence is due in tomorrow latest.

Mortimer clarke have not given extension, all they have sent in return in an email about data protection and asking for me to confirm details.

I guess I am just going to have to wing it! If I get a chance I will post it here first so you can give it the once over as I dont really have a clue

Send them the Data Protection details they seek, so you are still seeking the
extension (the request you made will be reflected in your defence).

Post your Defence up without personal details and ref numbers. Then can take a look.

[echat11]

One other thing, should I put in my defence that I never received the full amount of time to respond due to postal issues in my area?

That can be reflected in your Defence. Good idea to have some evidence.

[scs62]

Here is my draft defence, which I have just realised ECHAT11 should have been in yesterday. I hope I havent blown it by being a day late.

I am not sure if I should put in No.9 as it sort of covers in No.14 should I just add something in 14? Also, not sure about what to put/cross out in the statement of truth.

In the County Court Business Centre
Claim No: [XXXXX]

Cabot Financial (UK) Limited
Claimant
And
[Defendants Name]
Defendant
DEFENCE
1.The Defendant received the claim [Claim Number] from the Country Court Business Centre County Court on around 3/8/2022
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with New Day Ltd for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim states the agreement was entered into on or around xx/xx/xxxx]

7.The Claimants statement of case states that the account was assigned but does not state who the agreement was assigned from or on what date it was assigned. The Defendant does not recall receiving any notice of this assignment whatsoever.

8.It is denied that New Day served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9. On the 10/8/2022 The Defendant emailed Mortimer Clarke Solicitors seeking to extend the time period for filing the defence due to postal issues in my area.

10.On the 10/08/2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.Mortimer Clarke has not sent any of these documents to the Defendant.

12.On the 10/8/2022 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________


I will tidy it up once the wording is sorted. Must file today.

[echat11]

a) Here is my draft defence, which I have just realised ECHAT11 should have been in yesterday. I hope I havent blown it by being a day late.

Hopefully it will be fine.

b) I am not sure if I should put in No.9 as it sort of covers in No.14 should I just add something in 14? Also, not sure about what to put/cross out in the statement of truth.

Include No.9 / I've added to No.14 / corrected Statement of Truth. I've highlighted changes in 'bold' reference your Defence.

You can file your Defence to the Court online via MCOL,

A copy needs to be sent to their solicitors, make sure you get Proof of Postage.

DEFENCE

1.The Defendant received the claim XXXXXXXX from Northampton Country Court Business Centre on around 03/08/2022 which I believe is down to local postal issues.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with New Day Ltd for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on or around XX/XX/XXXX.

7.The Claimants statement of case states that the account was assigned but does not state who the agreement was assigned from or on what date it was assigned. The Defendant does not recall receiving any notice of this assignment whatsoever.

8.It is denied that New Day served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9. On the 10/8/2022 The Defendant emailed Mortimer Clarke Solicitors seeking to extend the time period for filing the defence due to postal issues in my postal area.

10.On the 10/08/2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.Mortimer Clarke has not sent any of these documents to the Defendant.

12.On the 10/8/2022 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1) of Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

14. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have asked for further details from The Defendant.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ______________________