Final update until, Mortimer and Cabot reopen case. I called the Northampton County Court Business Centre and they have confirmed the case has been stayed as they have not heard back from the claimant. I know this may be reopened but I could not have stood up to these DCA's and their friends without the help of this community especially DX, Andyorch and Stigman. I hope this thread helps some else and if you can buy the guys I've mentioned a coffee on the donate link on the site.

Hi all just an update to say the auto-stay deadline passed 3 weeks ago and still no reply from Mortimer and Co. It's taking them a while to find all the info. I'm still doing a bit of research of next steps if they meet all the CPR 31 and CCA requirements.

I had a letter come through the post headed "HM Courts and Tribunals" I'll take a photo and post on here. I think it may be because I did the AOS online and the defence by email.

Noted... thanks DX!

Just and update one the defence submission. The CNBC Court has sent a letter confirming receipt of the defence and said the claimant has 28 days to contact the court and advise on how they wish to proceed. They also said Cabot may try to contact me directly to resolve the dispute. I guess I'll do some research on here about next steps until I hear back. The letter was dated 24th Jan.

Much appreciated . I will amend and send it off now.

Just a last update before I file the defence. MCOL say I can file a defence to their email to which I will get a reply and use it as a record of receipt. However I know one of the CAG pointers is never use email which I've understood to only apply to DCAs and their solicitors etc. Would it be wise to email the County Court Business Centre . NB: On the defence posted above, I have amended my typo on 7b to correctly read claimant.

Just an update please see my revised defence below. I received a letter from MCS confirming they are looking into my document request and said it may take time as their client may well need to contact the original creditor etc. My defence deadline is on the 16th January I plan on filing the defence on Friday 12th January via the CCBC email as I can't seem to access the MCOL website. 1. By an agreement between HSBC Bank plc and the defendant on or around 04.10.2013 ("the agreement") HSBC Bank Plc agreed to loan the defendant monies. 2. The defendant did not pay the instalments that fell due. The Agreement was terminated following the service of a default notice. 3. The agreement was assigned to the named Claimant. 4. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its appointed Representative (Cabot Financial (Europe) Limited), has arranged for those proceedings to be issued in the name of the claimant. 4. THE NAMED CLAIMANT THEREFORE CLAIMS 1.XXXXX 2. Costs £205 and £80 Defence 1. The Defendant contends that the particulars of the claim as being vague and of a speculative generic nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The defendant does not recognise this specific Agreement “The Agreement” . The defendant has requested for a copy of the agreement which the claimant has failed to provide “The agreement” as stipulated by the consumer credit Act. The defendant has therefore requested clarification by way of CPR31.14 and section 78 request. 3. Paragraph 2 is denied. The defendant does not recall receiving a default notice. The Claimant is put to strict proof that a default notice was issued and received by the Defendant from the Original Creditor pursuant to s.87(1) CCA. 4. Paragraph 3 is denied. The defendant is unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the Claim Form the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974 to the claimant, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request made via CPR31.14 to the claimants solicitor, requesting disclosure of documents in their particulars on which the Claimant is basing their claim. The claimant has not complied as nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement. This has to be the agreement as stipulated by the consumer credit act and not an application/declaration or a cutout from a website and; b) show how the clamant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. 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 10. 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.

Thanks DX I will revise it and make it more concise mirroring the particulars.

Thanks DX, Please see my defence attached. This has been adapted from something posted by your good-self. Can please draw you to 7a and whether that wording would be appropriate decorum. I called MCOL and they said I could email the defence as their side if glitchy. the has also sent me an email with the email address I can use. 1. The Defendant contends that the particulars of the claim as being vague and of a speculative generic nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The defendant does not recognise this specific Agreement “The Agreement” . The defendant has requested for a copy of the agreement which the claimant has failed to provide “The agreement” as stipulated by the consumer credit Act. The defendant has therefore requested clarification by way of CPR31.14 and section 78 request. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the Consumer Credit Act 1974. The defendant has therefore requested clarification by way of CPR31.14 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the Claim Form the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974 to the claimant, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request made via CPR31.14 to the claimants solicitor, requesting disclosure of documents in their particulars on which the Claimant is basing their claim. The claimant has not complied as nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement. This has to be the agreement as stipulated by the consumer credit act and not an application/declaration or a cutout from an institutions website and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. 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 10. 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.

Ive gone onto the MCOL site to check for any updates and the site keeps telling me the claim number does not exist. Will I hear back about the 31:14 request from Mortimer or do I just go ahead and file a defence by post.

Many thanks for the fantastic help as always. I have sent the 31:14 to the Solicitors and also sent the CCA to Cabot, its the second CCA this year so I added a note saying what they've provided before does not meet the provisions of the Act. I will also be setting up an account to respond to the court before Christmas. With regards a robust defence what should I say my defence is. As I'm required to lodge this presumably before I hear back on the cpr31:14 request and CCA.

The date is 14.12.2023, I only received the claim yesterday. they always seem to back date their letters.

Which Court have you received the claim from ? Civil national Business Centre - County Court Northampton Name of the Claimant ? Cabot Financial How many defendant's joint or self ? Myself Date of issue – 14th December 2023 do AOS on line by 1st jan file defence online by 4pm 16th jan (you get ONE extra day due to xmas hol ) (edits by DX) Particulars of Claim What is the claim for – 1. By an agreement between HSBC Bank plc and the defendant on or around 04.10.2013 ("the agreement") HSBC Bank Plc agreed to loan the defendant monies. 2. The defendant did not pay the instalments that fell due. The Agreement was terminated following the service of a default notice. 3. The agreement was assigned to the named Claimant. 4. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its appointed Representative (Cabot Financial (Europe) Limited), has arranged for those proceedings to be issued in the name of the claimant. 4. THE NAMED CLAIMANT THEREFORE CLAIMS 1.XXXXX 2. Costs £205 and £80 What is the total value of the claim? just under 5k Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes posted on here earlier Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes Did you inform the claimant of your change of address? Yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Unsecured loan When did you enter into the original agreement before or after April 2007 ? After allegedly Do you recall how you entered into the agreement...On line /In branch/By post ? In branch allegedly Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Has disappeared from credit file Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DCA Were you aware the account had been assigned – did you receive a Notice of Assignment? Received some comms from Cabot Did you receive a Default Notice from the original creditor? I cannot recall but saw it on Experian before it later got removed Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Was given one by DCA posted on here earlier Why did you cease payments? Could not cope What was the date of your last payment? cannot recall Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Was in university so may have done at the time POC.pdf

A further development in this case Mortimer Clarke has now gone to court and I have received a claim form from Civil National Business Centre. There are a number of options listed on there and I just wondered how to proceed with this form and what to reply to the court.

Just a further update. Mortimer Clarke have been in touch and their words have been quote: "We enclose an income and expenditure form for you to complete in order for our client to assess offer of repayment. Should we receive no response it is our instruction to issue a County Court Claim." I have just sent back a notification of address change. My thought is the as advised on hear earlier, the next move is not mine.

I'm changing address in a week and a half. How do I protect myself against a backdoor CCJ. Cabot and Mort Clark have been very quiet so far, no news from them at all since telling them their documents did not pass the test. Do I need to get a certified copy address change letter.

Just an update. Please see attached. Mortimer Clarke have not come back with anything but my phone has been ringing at least 3 times every single day to no avail. Cabot have written back after CCA request saying I have not specified what's wrong with what the sent and they have the right to enforce the debt and they can obtain a CCJ bla bla but they would rather to speak to me etc. see attached letter extracts. The also sent the same pack as before which they claim is the CCA but that was already called out on this forum to be an Application/declaration. cabot .pdf

Thank you DX !

Ahh got it. I will send one out first thing tomorrow. Mortimer want it sent to them, however I believe the guidance says send to the DCA not the Solicitor (I appreciate they are the same company). should I ignore them. With regards to the 30 day to reply to PAP. where do I stand is it just a case of waiting to see where they go next.

Thanks for reply DX, no didn't hand write or sign anywhere, everything on the CCA request and PAP reply was typed. I had Royal Mail make the Postal Order out to Cabot Financial as I had done couple of years ago. After they tried to concoct a CCA I've been staying away from writing anywhere. They sent the PO back I will post attach it on here when I get home.

Just a follow on from the above, I sent the PAP reply downloaded from here to MClarke. I had also inclosed a CCA request for Cabot Financial. per the attached, MC have now come back with a letter requesting me to send them a revised £1 addressed to them. I didn't think the CCA request needed to be addressed to them. I'm I obligated to reply to their letter or should I wait for then to address the PAP reply. Many thanks for advice as always. Mortimer response 0523.pdf

Thanks DX, I have downloaded the PAP reply which I will type in and print PDF to send. I will however not provide and emails or signature as it says on there. Would there be a need to say what information doesn't meet the Consumer Credit Act or should I just let them figure it out. or should I send another CCA request.

Thanks DX as you predicted, they have sent across what appears to be a letter of claim. They have also send a summary of payments (not attached) made up until I sought advice on here. Please advise on best course of action. many thanks Mortimer - Letter of Claim.pdf

Just an update, per the attached Cabot have now upped the threat level and passed the case onto their other firm Mortimer Clarke. Just waiting to see what they come up with. Mortimer Clarke.pdf