Monthly payments affordable

[barlos1973]

I have decided to send both of the letters for documents to both Cabot and Mortimer, just a bit confused about the last paragraph:

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

What do they mean by copy of the formal request? The wording seems to suggest that this letter should be addressed to the claimant's solicitor

[echat11]

The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.

In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.

DEFENCE

1.The Defendant received the claim KXXXXXX from Northampton County Court on 26th April 2023.

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

3.This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Next 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 fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Next to Lowell Portfolio I Ltd on 30 June 2021. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Next 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 5 May 2023 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Overdales Solicitors has not sent any of these documents to the Defendant.

11.On the 5 May 2023 the Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

13.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.

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

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

16.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.

[echat11]

I have decided to send both of the letters for documents to both Cabot and Mortimer, just a bit confused about the last paragraph:

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

What do they mean by copy of the formal request? The wording seems to suggest that this letter should be addressed to the claimant's solicitor

It's wording, 'that's what you want them to focus on', it's the specific request you are making. If you send it to the solicitors, all they will do is pass it to Cabot, to be honest, it does matter. You need to amend you defence if you haven't sent the requests.

[barlos1973]

Thanks for the advise greatly appreciated and making this stressful situation much more easier to understand.
I have acknowledged the claim on MCOL and stated will defend all of it. Have not yet submitted a defence, but believe they have given the extra 14 days.
In regards to that the claim was issued on 26.04.23 and received papers on 28.04.23. Whilst on MCOL I was a bit confused as it states we have 14 days starting from 5 days after the claim date to respond. Now we have I take it we have added 14 days on top.

I will paste (minus the personal details) of the defence, but it's going to be just like you suggested

Fingers Crossed Cabot can't respond with the required documents etc

[echat11]

So 26/04/23 goes on the Defence.

[Matty B]

Hi.

The issue date of the court papers are 26th April and papers received 28th April. Sorry got the month mixed up.
I will be logging on MCOL tonight after work.

Thus far I get a feeling they do not have a copy of DN. I have asked them on the phone and the person was very vague stating that it's been a long time and companies don't keep all records.
Can we have an extension for the court in order for the DC to provide this. What happens if they don't provide before court hearing/date.

Thanks

One problem is, I believe a supreme court ruling said a recon DN was acceptable but it had to be a true recon. Maybe @PT2547 might be able to offer some thoughts.

[barlos1973]

Hi,

I have submitted my defence today but I think I made some mistakes. I got mixed up with Section 77 and Section 78.
Please see my defence below:


DEFENCE

1.The Defendant received the claim .......... from the Northampton County Court on 28^th April 2023.

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 loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Lloyds TSB Bank 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 Claimants statement of case states that the account was assigned from Lloyds TSB to Cabot Credit Management. The Defendant does not recall receiving notice of this assignment.

7.It is denied that Lloyds TSB 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.

8.On the 09.05.2023 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.

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

10. On the 09.05.2023 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.

11. The Defendant have asked the Claimant and Claimant’s Solicitor 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 thus far failed to respond.

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

13.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.

14. 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.

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

14. 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.




This defence was submitted on MCOL, is there any way I can amend it? Or once its submitted its over? Can I possibly send an amended copy by post or email the court?

Many thanks for your assistance

[echat11]

Hi,

I have submitted my defence today but I think I made some mistakes. I got mixed up with Section 77 and Section 78.
Please see my defence below:


DEFENCE

1.The Defendant received the claim .......... from the Northampton County Court on 28^th April 2023.

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 loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Lloyds TSB Bank 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 Claimants statement of case states that the account was assigned from Lloyds TSB to Cabot Credit Management. The Defendant does not recall receiving notice of this assignment.

7.It is denied that Lloyds TSB 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.

8.On the 09.05.2023 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.

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

10. On the 09.05.2023 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.

11. The Defendant have asked the Claimant and Claimant’s Solicitor 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 thus far failed to respond.

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

13.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.

14. 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.

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

14. 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.




This defence was submitted on MCOL, is there any way I can amend it? Or once its submitted its over? Can I possibly send an amended copy by post or email the court?

Many thanks for your assistance

Give the Court a ring, explain that, in error you've submitted the 'incorrect' defence, can you submit the correct one / post it.

[barlos1973]

Give the Court a ring, explain that, in error you've submitted the 'incorrect' defence, can you submit the correct one / post it.

Thanks so much for your reply, will do!

A bit of good news, this morning I received a letter from Mortimer Clarke in response to request for documents (Default Notice in particular). They informed that they don't have all the documentation I have requested but they have asked their client to provide the remaining documents and that in the meantime the matter has been place on hold.

They've only enclosed a copy of credit agreement, notice of assignment and their statement of my account. So Default Notice is missing.

What do I do now? Do I just sit and wait?

[echat11]

Thanks so much for your reply, will do!

A bit of good news, this morning I received a letter from Mortimer Clarke in response to request for documents (Default Notice in particular). They informed that they don't have all the documentation I have requested but they have asked their client to provide the remaining documents and that in the meantime the matter has been place on hold.

They've only enclosed a copy of credit agreement, notice of assignment and their statement of my account. So Default Notice is missing.

What do I do now? Do I just sit and wait?

When was the loan taken out?

Go through the documents you have received to make sure they are compliant. Look for anomalies.

[barlos1973]

When was the loan taken out?

Go through the documents you have received to make sure they are compliant. Look for anomalies.

The loan was taken out in 2007.
There are no discrepancies in the documents that they sent me this morning.

I spoke to the court and I can email them the correct version of the defence. Apparently Mortimer have not notified the court that the matter has been placed on hold yet.

Just wondering if anyone with experience will tell if Cabot/Mortimer Clarke are now kinda stuck? Whats the chances that Lloyds still have the Notice of Default from 2007?

Many thanks in advance!

[MIKE770]

do not tell them if they fail then case the case gets Stayed by the court and if the claimant wants to continue they have to pay a fee to continue.

[echat11]

If the interest rate has been 'varied' during the time of the loan, have they provided an agreement that reflects the 'variation'?

[barlos1973]

Thank you for your reply. I can't recall if the interest was veried and don't remember them sending anything. Cabot definitely have not provided anything related to this. Would this be an issue for them

[echat11]

Thank you for your reply. I can't recall if the interest was veried and don't remember them sending anything. Cabot definitely have not provided anything related to this. Would this be an issue for them

Read the whole page:

https://www.handbook.fca.org.uk/hand...ate=2016-03-07