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court form from mortimer clarke

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  • #76
    Re: court form from mortimer clarke

    edit the bottom of the agreement as numbers/bar codes showing?

    Comment


    • #77
      Re: court form from mortimer clarke

      Originally posted by Diana M View Post
      What is your claim Issue Date (I can't see it obviously on your thread)? Your Defence deadline is 33 days from that date.

      I can see your thread started on 3rd February where you said you'd received the claim that morning. Allowing 5 days for service (guesswork on my part) then your Defence deadline would be 3rd March (next Friday) or possibly Monday 6th March.

      You tagged my name on Friday afternoon. I wasn't around this weekend (it was my birthday). If your Defence isn't due yet I'm not sure why the sense of urgency and feelings of abandonment.

      The thing is law firms have P.I. insurance which means we can't (or shouldn't) draft a Defence or Witness Statement etc without having sight of the original unredacted documents, the full history of the debt, the associated facts, including a face to face meeting with the client who must sign a Client Care letter before anything can be advised or drafted on their behalf. Otherwise we could be sued or at worst struck off!

      At least helping on the forum 'at first' points the poster in the right direction so it's not all bad.

      I'm also a great believer in empowering people to help themselves.

      I hope this post helps to put things in context. Don't believe everything you read on the internet.

      Di
      Happy belated Birthday the court claim issue date is 1st of feb, (so last day for defence is sunday 5th march?) i was trying to get these last few things sorted so can make sure my defence is correct

      Comment


      • #78
        Re: court form from mortimer clarke

        Originally posted by MIKE770 View Post
        edit the bottom of the agreement as numbers/bar codes showing?
        done

        Comment


        • #79
          Re: court form from mortimer clarke

          Originally posted by baldy1967 View Post
          the court claim issue date is 1st of feb, (so last day for defence is sunday 5th march?) i was trying to get these last few things sorted so can make sure my defence is correct
          No, it will be Monday 6th March by 4 pm.

          It's not helpful to file a Defence early because anything can happen in the meantime such as documents disclosed by the Claimant or their solicitors. You would then be faced with the cost of making an Application to file an Amended Defence if that became necessary.

          Di

          Comment


          • #80
            Re: court form from mortimer clarke

            Originally posted by baldy1967 View Post
            have this morning recieved court form from mortimer clarke
            i have attached all letters between me and cabot and mortimer clarke, what do i do now, they have been 3 lettered and CEASE & DESIST this has been going on since 13/12/15
            I've read your first post and see from the attachments you uploaded that you may have been receiving help from the GOODF website since you've sent three letters which basically threaten them with an invoice for damages and are signed "By: Sovereign Xxxxxx of the family: Xxxxxxxx".

            My XXXX refers to you leaving your personal name and other details on those letters so you may need to go back and redact your personal information including the account reference number etc.

            In your letters you mention "penalties of perjury . . . fraud and mischief" which probably didn't endear you to the creditor or their solicitors.

            It appears that the creditor's response to those letters was to instruct their lawyers to issue a claim. My firm finds that happens a lot.

            Some Claimants' solicitors refer to the Freedom of the Land thing as mumbo jumbo. I can't disagree with that.

            Di

            Comment


            • #81
              Re: court form from mortimer clarke

              Originally posted by MIKE770 View Post
              PDF?
              PDF Verson
              Attached Files

              Comment


              • #82
                Re: court form from mortimer clarke

                changed defence does this seem better [MENTION=6]Amethyst[/MENTION]


                1: I received the claim ####### from the Northampton County Court on 3rd February 2017


                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 Credit Card agreement regulated under the Consumer Credit Act 1974.

                4: It is admitted that the Defendant has previously entered into an agreement with Capital one for provision of credit.

                4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                5. It is denied that Capital one 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.

                6: On the 3rd February 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors I requested the Claimant provide copies of the Agreement, Formal demand, Default Notice and Notice of Assignment .

                7. Mortimer Clarke Solicitors has failed to send a copy of the Default Notice.

                8: I received a copy of the purported Notice of Assignement, however the date given does not match the date of alleged assignment stated in Capital One subject access request. I contend that the document copy provided is not a true copy of the Notice of Assignment.


                9: The claimant makes no mention of serving a Default Notice in their particulars of claim.


                10: The Agreement sent from Mortimer Clarke Solicitors is illegible


                11: The right to seek relief arises once the debtor has failed to comply with lawful demands within the requisite time period of 14 days from the date of being served a valid Default Notice as provisioned for under a section 88 of the Consumer Credit Act 1974.


                12: In the absence of service of a Default Notice, no right arises under section 87 of the Consumer Credit Act 1974 to claim relief from the debtor.


                13: I would therefore ask the court to consider that as the claimant has not issued a Default Notice to the defendant, the claimant has no legal right to seek relief.


                14. 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.


                15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.



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



                17. It is denied that the Claimant is entitled to the relief as claimed or at all.



                Statement of Truth



                The Defendant believes that the facts stated in this Defence are true.

                Comment


                • #83
                  Re: court form from mortimer clarke

                  Originally posted by baldy1967 View Post


                  1: I received the claim ####### from the Northampton County Court on 3rd February 2017

                  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 Credit Card agreement between myself and 'Capital One' regulated under the Consumer Credit Act 1974.

                  4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. There is no breakdown as to how the sums claimed has been calculated.

                  5. It is denied that Capital One ( as original creditor) 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.

                  6: On the 3rd February 2017, in order to find out more information about this claim, I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement, Formal demand, Default Notice and Notice of Assignment .

                  7. Mortimer Clarke Solicitors has failed to send a copy of the Default Notice. The right to seek relief arises once the debtor has failed to comply with lawful demands within the requisite time period of 14 days from the date of being served a valid Default Notice as provisioned for under a section 88 of the Consumer Credit Act 1974. In the absence of service of a Default Notice, no right arises under section 87 of the Consumer Credit Act 1974 to claim relief from the debtor.

                  8: I would therefore ask the court to consider that as the claimant has not issued a Default Notice to the defendant, the claimant has no legal right to seek relief.

                  9: I received a copy of the purported Notice of Assignment, however the date given does not match the date of alleged assignment stated in Capital One subject access request. I contend that the document copy provided is not a true copy of the Notice of Assignment, and without such notice the Claimant is not entitled to relief for the alleged debt.

                  10: The Agreement sent from Mortimer Clarke Solicitors is illegible and I am unable to read the terms and conditions, review terms prescribed under the Consumer Credit Act 1974 or otherwise assess my position with regards the agreement. I can make out that the agreement refers to a section 12 which does not appear to be present within the document. I contend that this document is incomplete.

                  11. I have sent a formal request to the claimant pursuant to s.78 of the Consumer Credit Act 1974. I have not yet received a response. While the claimant remains in default of such request he is unable to enforce any debt arising from the agreement.

                  12. 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.

                  13. I request the court orders the Claimants to provide the necessary, valid and legible, documentation in order for me to fully plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my 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



                  The Defendant believes that the facts stated in this Defence are true.
                  Amended slightly , I think that is better.

                  Did you actually send a request for a copy of the agreement under the Consumer Credit Act ? If not I would suggest you do so now ( http://legalbeagles.info/forums/show...y-of-Agreement ) and add in para in bold above as back up.
                  Last edited by Amethyst; 28th February 2017, 14:38:PM.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #84
                    Re: court form from mortimer clarke

                    Originally posted by baldy1967 View Post
                    PDF Verson
                    On that you can see it refers you to read section 12 (about an inch above the signature) - did they send you the additional terms which contain paragraph 12?
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #85
                      Re: court form from mortimer clarke

                      Originally posted by Amethyst View Post
                      On that you can see it refers you to read section 12 (about an inch above the signature) - did they send you the additional terms which contain paragraph 12?
                      yes there is a second page that has paragraph 12 its about same quality as first page pdf POST 73
                      Last edited by baldy1967; 28th February 2017, 15:06:PM.

                      Comment


                      • #86
                        Re: court form from mortimer clarke

                        Originally posted by Amethyst View Post
                        Amended slightly , I think that is better.

                        Did you actually send a request for a copy of the agreement under the Consumer Credit Act ? If not I would suggest you do so now ( http://legalbeagles.info/forums/show...y-of-Agreement ) and add in para in bold above as back up.

                        i sent
                        CCA £1 fee to Cabot was returned from cabot with my £1 postal order as in post 59
                        CPR 31.14 to MC
                        ASKING FOR
                        1. Agreement / Contract
                        2. Default Notice
                        3. Assignment
                        4. Formal Demand

                        Comment


                        • #87
                          Re: court form from mortimer clarke

                          Originally posted by baldy1967 View Post
                          yes there is a second page that has paragraph 12 its about same quality as first page pdf
                          HAVE TAKEN THIS PARAGRAPH OUT OF
                          10: . I can make out that the agreement refers to a section 12 which does not appear to be present within the document. I contend that this document is incomplete.

                          Comment


                          • #88
                            Re: court form from mortimer clarke

                            Originally posted by baldy1967 View Post
                            8: I received a copy of the purported Notice of Assignement, however the date given does not match the date of alleged assignment stated in Capital One subject access request. I contend that the document copy provided is not a true copy of the Notice of Assignment.
                            I can't comment on the content of your Defence but if I were the solicitor for the Claimant I would be asking the court to order you to disclose the documents you received as a result of your SAR to Capital One.

                            I would do this because you have helpfully stated in your Defence that the NOA disclosed by the Claimant is wrongly dated but you have evidence of the correct date in your possession.

                            I would then use that correct date to reconstitute the NOA (and also a Default Notice if the necessary information for that is also in your SAR).

                            A SAR is private information between you and Capital One. The debt purchaser does not have access to all the same information. Don't hand them evidence on a plate.

                            Di
                            Last edited by Diana M; 28th February 2017, 15:37:PM. Reason: typo

                            Comment


                            • #89
                              Re: court form from mortimer clarke

                              Originally posted by Diana M View Post
                              I can't comment on the content of your WS but if I were the solicitor for the Claimant I would be asking the court to order you to disclose the documents you received as a result of your SAR to Capital One.

                              I would do this because you have helpfully stated in your Defence that the NOA disclosed by the Claimant is wrongly dated but you have evidence of the correct date in your possession.

                              I would then use that correct date to reconstitute the NOA (and also a Default Notice if the necessary information for that is also in your SAR).

                              A SAR is private information between you and Capital One. The debt purchaser does not have access to all the same information. Don't hand them evidence on a plate.

                              Di
                              maybe it would be better if i remove 8: from my defence?
                              Last edited by baldy1967; 5th March 2017, 18:38:PM.

                              Comment


                              • #90
                                Re: court form from mortimer clarke

                                Originally posted by baldy1967 View Post
                                maybe it would be better if i remove 8: from my defence? as the D N is in my SAR
                                No Comment.

                                Hypothetically speaking a Defence is not the time to nitpick over the documents because any flaws you highlight and any information you give the other side is also giving them the opportunity to remedy their mistakes.

                                That's the reason why WS are exchanged simultaneously so that the other party can't take advantage of information disclosed by their opponent.

                                (things are done slightly differently in the Fast Track)

                                Di

                                Comment

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