I contacted Mortimer Clark yesterday and I'm still waiting for a response from their defence team as to an amendment. It was stated on the phone to me that the schedule in the Tomlin Order was the process that would happen and did not know why I wanted to amend it as a judgement would occur anyway if defaulted. I was actually unsure what to reply apart from the fact it lets the court decide rather than being an outright judgement. If I've not heard back by tomorrow I will call back. They told me that the next time the court would review is on the 17th so they need to get a move on.

Hi again. I have an update. I submitted the defence knowing that I was refused a Tomlin Order. I had a letter from MC on the 29th Sept saying the account was on hold for 30 days to seek debt advice. I called MC asking why the account was on hold ( expecting this to be time to collect further documentation ) and said that I would not be seeking debt advice and to immediately take the account off hold. I also was expecting a letter as you advised me to get, explaining why the Tomlin Order was refused, so I explained that I was unhappy this had not been sent. It happens that I was talking to the person that I first asked about the Tomlin Order and it was him that put it to their defence team. He looked through his notes and said he was looking into it and saw no reason to why the Tomlin Order was refused and contacted their defence team and advised me they would call me back after about 10 minutes. I got a call from the defence team who advised me that a Tomlin Order was accepted by Cabot and there was an error and the call centre should not have advised me that a Tomlin Order was refused. I have received 2 copies of their draught, One to return and one for my file. I got the letter through yesterday 6/10/17 (dated 29/9/17) a full 7 days after the dated letter accompanied by the Tomlin Order draught saying to reply within 7 days ( funny that ). I'm surprised to see that the monthly amount payable is requested at £0.00p, Does this require me to pay the full amount in one monthly payment or does this mean I never have to pay anything? The Tomlin Order Draught is attached along with the accompanying letter. Tomlin order edited.pdf

Thankyou for confirming. Should i get the defence in or is there anything to add? Ive contacted MC and they said they need to see my employers contract before considering a tomlin order as it usually only affects people in a financial or authorative roll. But they said they will confirm the refusal in writing.

I worked it out as 2nd October. claim was dated 1st September.

Thats just what i made out to them but reality is a lot more than that. Also could I not add to the defence about Cabot sending me a statement of account showing no activity for 8 years making me believe this account was statue barred? Since they only showed me a statement of account from the OC with the CPR Request AFTER acknowledging the court saying I would defend.

Thanks. What if they ask why it would be at risk? I'll get on to it when they open tomorrow. I did an expenditure sheet and managed to get my disposable income to around £9 a month. I offered the 50 but could I suggest that amount be considerably lower if taken to court?

No idea, that was their excuse. Maybe some types of employment require you not to get a CCJ therefore the employment would be at risk.

Hi. I called Mortimer Clarke on Friday to put the Tomlin order to them. They said they had to get in contact with Cabot. They called me today and said they cannot proceed with a Tomlin order unless my employment was at risk. looks like a CCJ is coming my way.

And if they don't accept a Tomlin Order ?

Now you mention it, I believe the statement of account from the OC is a true figure. I never took into account the amounts paid after the DN was issued. Do you think it would just be better in this case to admit the amount owed and start paying the monthly figure of £50 which is what Mortimer Clarke are asking for? Or do you think there is some possibility I could successfully defend my case?

dx - yes the car was written off. I didn't think the amount paid directly to TFC would have mattered as I made a payment after this date I never thought to mention it. I really didn't think it was of any importance. I apologise for the lack of this information. Andy - They will be able to provide the agreement, whether or not they have the T&C's to the agreement I do not know as they have failed to provide this both for the CCA and CPR 31.14 requests. They will be able to produce a notice of assignment. They will be able to provide a statement of account from the TFC. Is the statement proof enough that those transactions actually occurred? I don't know how they can show they have a legal right to issue a claim. I do not know what other documentation they have i.e Default Notice etc as I have not seen anything else from Cabot / Mortimer Clarke. Also the DN I provided is the latest I have but further looking at the DN I'm not sure the sums add up to what the DN said I paid and the amount what was claimed during the first court case, I suppose it's possible this is not the correct DN but I cannot verify. I do have another DN but this is older.

The £5 payment I can't verify I made it but i'm sure I made 5 monthly payments of £5 (according to TFC statements I believe I did pay) with a £1145.00p payment in between ( I had an accident in the car and the insurers at the time paid that amount to TFC as outstanding finance ) and the £5 payments would have been paid by Direct Debit.

I have the agreement (minus the terms and conditions) from Cabot / Mortimer Clarke. I have the notice of assignment from Mortimer Clarke as It has my old address on so did no receive it from the OC. I have the default notice from the SAR from TFC

No, my last payment was 25/11/11. Cabot's statement of accounts from 2016 say nothing was paid in the last 9 years but Mortimer Clarke have sent me a statement of account from THE FUNDING CORPORATION with my last address which I only let TFC know in January this year and the date on the statement is 26/5/17. I would believe that Cabot / Mortimer Clarke have requested their own SAR or requested specific documents.

Okay here's the default notice. I'm not sure what was with it so not able to say if I had or the court had the agreement in their possession at the time. But I have posted the agreement and T&C's if you need to see them. SCN_0006_SCREENED.pdf

Ok so I've scanned the documents from court and I thought I would add a few other documents after which I thought might be or relevance. Included are Cabot's statement of account showing no payments on the account since before 2008. However in post 9 the letter from Mortimer Clarke states they sent a statement of account from The Funding Corporation - And they indeed supply this showing payments in 2009 Also they did send me the notice of assignment from the OC as well but that has an old address on the top. So they do have some original documents at least but how much ? Just thought I would mention just in case it has any relevance. court scans screened.pdf

Andy. Their Particulars did mention claiming the full outstanding amount but judgement was for the return of the vehicle only. No defence or acknowledgement was given as I had moved house and did not give any forwarding address so I had no idea it even went to court until February this year when I received the SAR. They did not get the car back due to the above. Yes Cabot did send me a notice of sums but I seem to remember it said there was no activity on the account since before 2008 but I have since received contradictory documents from Cabot regarding amounts paid confirming I paid amounts up to november 25th 2009 - I will look for this this evening if I still have it. Also I need to check through the SAR documents as I have a scanned notice of termination however it is not dated so I wonder if the Default letters have dates ( there are 2 separate default letters from 2 separate occations) I have some documents with me but are in HTML format. I will scan all again this evening when I get home.

Ok what about this ? 1. The claim is for the balance of instalments due & unpaid under an agreement dated 14/9/07 & under which THE FUNDING CORPORATION LIMITED agreed to provide credit in relation to the purchase of goods payable by instalments ('the Agreement') was assigned to the claimant. PARTICULARS 1. Amount due and unpaid 3794.00 The claimant therefor claims 1. Amount due and unpaid 3794.00 Defence 1 I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2 I have in the past had financial dealings with THE FUNDING CORPORATION LTD but I am unable to recall the precise details of any alleged debt and therefore any debt is denied until such time the claimant can comply and clarify its claim. 3 The Claimant is put to strict proof that any such payments were missed and that a valid default notice was raised and served. The claimant as an assignee is surmising and has no real knowledge of the alleged debt or any history in its vague and generic pleadings. 4 On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14 request. The Claimant/Solicitor has returned ('the agreement') but has been unable to disclose any terms and conditions on which its claim relies upon. 5 Previously before receipt of this claim I also requested information pertaining to ('the Agreement') by way of a Section 77 CCA Request . The Claimant has complied but the CCA return was deficient. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide the relevant evidence of a properly executed agreement by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

ok so after some searching and copy/paste action, How about the following? ...old embarrassed defence removed... DX

What about this ? Defence 1 On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14 request.The Claimant/Solicitor has returned ('the agreement') but has been unable to disclose any terms and conditions on which its claim relies upon. 2 Previously before receipt of this claim I also requested information pertaining to ('the Agreement') by way of a Section 77 CCA Request. The Claimant has complied but the CCA return was deficient.

Ok thanks, I'll see if i can find something similar to my situation.

as my defence do I simply put that the CCA request was not satisfied being there were no terms and conditions supplied? Do i mention previous court action?

Hi guys, I got a responce at the weekend, But again they only sent the agreement and no T&C's. SCN_0003_screened.pdf

Thankyou, it gives me a bit more confidence having the extra reassurance. The whole defending a court claim is completely new to me so I think it's the next step that's on my mind, not knowing what happens. But I'm hoping I can use the whole experience to help educate others.

Ok no problem. Court is now acknowledged with intention to defend. Thankyou once again for your help.