CCJ Claim Form received

kjw327 · 7 June 2019 at 10:24AM

I'd like to start by saying thanks in advance to any guidance offered following this post. I will provide a little background.

Back in February of this year I posted regarding a Letter of Claim received from Mortimer Clarke relating to debt that Cabot owned. I followed the advice and submitted my return, they replied advising that they were making enquires to obtain the extra information I had requested and that they would hold on further action. This is still the current situation.

I have been working to implement a self managed plan with those who now own the debts that my wife I have and have been successful with some companies in making arrangements. Others are still ongoing.

Now to the point of the post.

Towards the end of March 2019 we received a Letter of Claim each from Mortimer about different individual debts (one mine, one my wife's) that were now owned by Cabot but originated from a mail order catalogue company. We completed the paperwork asking for further information and sent that in April. We have not had a response to this.

This week we have each received the CCJ Claim Form from County Court Business Centre.

I know that we cannot ignore this and must take some action but I am not sure what to do next.

Can anyone give advice as to where we stand? Are we able to defend upon the basis that we requested information and documents relating to the debts but that this has not been provided?

Any help is appreciated.

Thank you.

Exodi · 7 June 2019 at 12:01PM

You can defend on the basis that the claimant has not complied with the Consumer Credit Act s77-79. https://www.legislation.gov.uk/ukpga/1974/39/section/77

You may need to evidence your request though.

sourcrates · 7 June 2019 at 12:31PM

That’s not really a Defense, it’s non compliance with a statutory action, you still need a defence if your going to defend the claim.
The purpose of the LBA is to come to an arrangement pre court, that is still possible if you admit the claim, and agree to terms.

Depends if you admit the claim or not.

Exodi · 7 June 2019 at 12:53PM

sourcrates wrote: »

That’s not really a Defense, it’s non compliance with a statutory action, you still need a defence if your going to defend the claim.
The purpose of the LBA is to come to an arrangement pre court, that is still possible if you admit the claim, and agree to terms.

Depends if you admit the claim or not.

Huh? What would be the purpose of CCA requests if that was the case? The Act explicitly says the debt is unenforceable.

https://www.legislation.gov.uk/ukpga/1974/39/section/77 wrote:

(4)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement.

kjw327 · 7 June 2019 at 4:51PM

Exodi wrote: »

You may need to evidence your request though.

I’m not certain how I could really do this.

Am I best returning the acknowledgement section of the form now to enable more time? Also, would I be better off liaising direct with Mortimer to progress or just use the court paperwork? I’m a little confused as to the best approach and would like to use the weekend to make progress with my own tasks in this.

sourcrates · 7 June 2019 at 11:16PM

Exodi wrote: »

Huh? What would be the purpose of CCA requests if that was the case? The Act explicitly says the debt is unenforceable.

Ultimately it’s for the court to decide what is enforceable, and what isn’t, the buck stops with them.
When your facing Mortimer Clarke you need as many strings to your bow as possible, just relying on one piece of legislation may not be in your best interests.

Courts have thrown out this kind of non compliance before today, you can by all means inform the court of the creditors non compliance, it will then be up to the court to decide how to proceed.

CCJ Claim Form received

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