mortimer clarke debt

WhenIam64

It’s difficult to comment without knowing the full facts or seeing the paperwork.

Or answering the questions posed before about why it was stayed.

sheraaz76

WhenIam64 wrote: »

Or answering the questions posed before about why it was stayed.

Reason why it was stayed.
Mortimer submitted a claim and i filed my defense giving the reasons.Court never asked me yet to send any paper work evidence etc and Mortimer didn't send anything to court either nor the been intouch with them after.

sheraaz76

Just_Di wrote: »

That sounds as if they intend to make an Application to lift the Stay and go for a Summary Judgment on the basis that your Defence has no merit (possibly because from what you say they have ‘acquired’ some documentation to challenge your Defence).

Are you certain the documents are identical to the ones Cabot first sent you? Were these documents disclosed in court somehow previously or just sent to you? If the Claim was stayed due to them not informing the court of their intention to proceed, then I’m not sure the court has had sight of them (yet).

If they do make an Application for a Summary Judgment then you can file a Witness Statement prior to any Hearing, and probably ask the court for permission to Amend your original Defence in the light of this new discloser.

Or even use the occasion (SJ Hearing) to ask the court to dismiss their Claim.

What is the exact name of the Claimant? Is it Cabot Financial (UK) Ltd who do not have FCA authorisation to issue claims?

It’s difficult to comment without knowing the full facts or seeing the paperwork.

Di

Mortimer sent me exact same documentation what I had received before from them selfs and cabot.They haven't sent anything to court nor the court sent me anything after that like particulars of claim or anything.There was aPPI on it wich I wasn't aware of and Capital one never mentioned anything about it eiter to make use of it at that time when I had a financial hard ship.

Kind regards

Just_Di

sheraaz76 wrote: »

I had a capital one credit card somewhere in 2008 . . .

. . . then to Mortimer then back etc.In September 2018 they issued a Courtclaim and I filed a defence wich they responded now in 2020 not to the court but to me by post.

. . . . Reason of my not paying is they have charged £168 in late fees plus £368 in PPI charges wich I never knew . . .

Any advise will be really appreciated

Things are becoming clearer

Were PPI and late fees the only legal arguments you pleaded in your Defence?

If so, then I would immediately send a s78 CCA Request to Mortimer Clarke Solicitors because if their client (Cabot) can't/don't comply within the statutory time-frame then the debt becomes unenforceable in court.

If you do this while the claim is stayed they must (attempt) to comply. Once there is a CCJ (I'm speculating they'll be seeking a Summary Judgment because that's what they usually do) then it's all over since they (Cabot) would no longer have a statutory duty to comply.

Capital One struggle to produce compliant Default Notices, or even issue/serve them. If that was the case with your account then Cabot will have a problem winning this case.

Maybe Part 18 Questions or a CPR 31.14 Request to Mortimer Clarke about all these legal issues would be sensible.

I would send a SAR to Capital One because if they don't have the relevant documents then how can Cabot get them

Di

sheraaz76

Just_Di wrote: »

Things are becoming clearer

Were PPI and late fees the only legal arguments you pleaded in your Defence?

If so, then I would immediately send a s78 CCA Request to Mortimer Clarke Solicitors because if their client (Cabot) can't/don't comply within the statutory time-frame then the debt becomes unenforceable in court.

If you do this while the claim is stayed they must (attempt) to comply. Once there is a CCJ (I'm speculating they'll be seeking a Summary Judgment because that's what they usually do) then it's all over since they (Cabot) would no longer have a statutory duty to comply.

Capital One struggle to produce compliant Default Notices, or even issue/serve them. If that was the case with your account then Cabot will have a problem winning this case.

Maybe Part 18 Questions or a CPR 31.14 Request to Mortimer Clarke about all these legal issues would be sensible.

I would send a SAR to Capital One because if they don't have the relevant documents then how can Cabot get them

Di

Thank you for your reply.

Yes I had included this also in my defense statement.The CCA Mortimer sent me was exact the same cabot had sent me.I have checked it and it was not really readable however the PPI box was unticked on it.Mortimer hasn't sent me anything new that Cabot hadn't sent me before..When I asked about the PPI charges and fees to Mortimer the replied they are only the beneficiary and not responsible for the burden .
Mortimer wants me to settle the matter outside court.

Kind regards and much appreciated for your advise!