Ok I'll try and put it all together tomorrow. So do you think they will be able to un-stay it or would that be difficult for them as they still didn't comply with the requests in time?

I knew I wasn't imaging that pig I saw sitting in that tree....lol I just received this letter from Cabot: " Dear xxxxx Information under the Consumer Credit Act 1974 Please find enclosed all of the relevant information following your request for information under section [77-78] of the Consumer Credit Act 1974. In the event that we have provided a reconstituted true copy of your credit agreement, for the avoidance of doubt this complies with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and therefore complies with the obligations set out in section 77-78 of the Consumer Credit Act 1974. What happens next? We consider that the agreement is now enforceable and therefore we are entitled to obtain a County Court Judgment against you. However, we would prefer that you work with us to sat up a repayment plan to settle your outstanding balance. The status of your account The outstanding balance is currently £2,325.14. Please make contact with Mortimer Clarke Solicitors on 0333 121 4454 as soon as possible to discuss the options available for this account. If you have any queries, please do not hesitate to contact us." There is then pages and pages of what looks like those agreements you need to accept when installing something on a computer. All those pages end with a page that says " signature of customer" and just has a box with a tick in it. Also please ignore any spelling mistakes in the letter as I'm using an ice scanner and it's not the best.

Thank you for the reply I have a statutory declaration to tie the two names together. I asked the decision maker if having a full name change statutory declaration would be enough and she said no she wants a letter from HMRC as well. Even though that would be a driving licence, Birth certificate, statutory declaration, bank statements and utility bills, signed document by someone in a high position saying they have known me for years all in the name A.

Brilliant. But then if they manage to find a original agreement then they may think it's worth their while to un-stay it.

on the claim history the last thing that's on the list is "Your defence was received". Maybe they are hoping that i contact them by sending me a random letter

At the bottom of the webpage it does say: Applications Set Aside Applications entered electronically (most recent at the top) None

I don't know what letter they are referring to as i upload all the letters here. Unless they mean the one that said it may take some time to reply to my defence. I just logged in to the MCOL site but i cant see anything about the status as it just shows the documents that have been added.

Just to keep this thread updated. I received this letter from Mortimer Clarke today: We refer to the above matter. Due to an administrative error a letter was sent to you through an automated service dated 06/04/2021, we would like to apologise for this letter being sent out to you. We can confirm the account is currently on hold awaiting our client's instructions on your Defence. We trust this is of assistance. Thanks Yours faithfully Mortimer Clarke

In your opinion do you think this is the last I will hear about this from them now?

Im really not sure (I'll dig a bit deeper). If there is anything on the credit file, would this still take the 6 years to drop off?

Thanks DX I actually knew that from reading other threads on here i just didn't realise that amount of time had passed already (weeks seem to pass so fast since covid). Do they ever apply to lift the stay if they find any documents?

I received this letter from Mortimer Clarke today: "We confirm we have received your defence. We have referred the content of your defence to our client for their comments, we will come back to you as soon as we have our client's instructions. This may take some time, especially if our client needs to go back to the original creditor for information and/or documentation to respond to your defence. In the meantime, the matter has been placed on hold and no further action will be taken. Yours faithfully Mortimer Clarke"

Sorry i didn't think it would be relevant as its just a acknowledgement letter. This is the full letter: CASE NUMBER xxxxxxxxxxx CABOT FINANCIAL (UK) LIMITED -v- xxxxxxxxxxxxxxxxxx xxxxxxxxxx I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. For Court Manager

Just to keep the thread updated. I received yesterday what looks ;like a standard response from the court saying that they have received my defence and a copy will be sent to the other party.

I did have a feeling they could show up with some sort of agreement even though that department says they haven't got one "yet". So i guess the cca department doesn't know there is already a claim, and the claims department go as far as a court hearing in the hope no one shows up to it.

Oh ok. I was hoping that they were saying that they don't have the agreement so they wouldn't be able to carry on with the court claim. What does WS stand for?

I've just received this letter from Cobot: Dear xxxxxxxxx An update on your request We're still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request. This means we are not permitted to obtain a County Court Judgement or a Warrant for Diligence against you in Court. What happens next? Your balance is still outstanding, and while we cannot commence legal action against your account we are able to ask you to repay this amount, and you will still receive calls and letters asking you to pay. We need to talk to you about setting up a Personal Payment Plan which is affordable, we can help you find the right way to repay this account. This account could be affecting your credit file, which can affect your ability to get credit, obtain a mortgage or a lease, and take out a mobile phone contract. Making payments towards your account can have a positive effect on your credit file as it will show you are making regular payments.

Thanks Yes there seems to be a lot of cabot victims on here but they all seem to have had to attend a court hearing (including the thread you linked to). I guess they always go that far in the hope their victim doesn't show up?

Thank you so much Andy I add it to the moneyclaim website now. Just out of interest. Do these guys always go as far as a hearing as that's what i keep seeing?

Brilliant thanks for all your help

Sorry, for some reason i thought you meant the sentence not just the words. Particulars of Claim 1) By an agreement between New Day Ltd RE Marbles & the Defendant with a credit card. 2) The Defendant failed to make the minimum payments due. 3) The Agreement was terminated following the service of a default notice. 4) The Agreement was assigned to the Claimant. And the Claimant claims a) 2140.14 b) Costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC 3. Paragraph 1 is noted in so far that I have in the past had financial dealing with New Day Ltd . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and therefore sought clarity from the claimant by way of CPR 31.14. request for documentation and a section 78 CCA Request under the consumer credit act 1974. 4. Paragraph 2 and 3 are denied I do not recollect ever being served with a Default Notice pursuant to section 87(1) the consumer credit Act 1974 from the original creditor. 5. Paragraph 4 is denied. I do not recollect ever being served a Notice of Assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974. 6. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimants solicitor has failed to date to respond to the CPR request. 7. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a section 78 CCA request. The Claimant replied dated 15/03/2021 "Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update". The Claimant to date has failed to further respond.. 8. It is therefore denied with regards to the Defendant owing any monies to the Claimant at such time, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 & CCA request therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 9. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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.

Thank you. 6. looks so much better. How's this? Particulars of Claim 1) By an agreement between New Day Ltd RE Marbles & the Defendant with a credit card. 2) The Defendant failed to make the minimum payments due. 3) The Agreement was terminated following the service of a default notice. 4) The Agreement was assigned to the Claimant. And the Claimant claims a) 2140.14 b) Costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in 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 Paragraph 1 is noted and it is accepted in so far that I have once had financial dealing with New Day Ltd RE Marbles. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974 from the original creditor. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimants solicitor has failed to date to respond to the CPR request. 6. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The Claimant replied dated 15/03/2021 "Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update". The Claimant to date has failed to further respond.. 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 & CCA request therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if 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.

So like this? Particulars of Claim 1) By an agreement between New Day Ltd RE Marbles & the Defendant with a credit card. 2) The Defendant failed to make the minimum payments due. 3) The Agreement was terminated following the service of a default notice. 4) The Agreement was assigned to the Claimant. And the Claimant claims a) 2140.14 b) Costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in 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 and I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant as they do not appear to be able to disclose any further details by way of CPR 31.14./CCA Request. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974 from the original creditor. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimants solicitor has failed to date to respond to the CPR request. 6. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 & CCA request therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if 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.

I've updated the defence. What do you think? Particulars of Claim 1) By an agreement between New Day Ltd RE Marbles & the Defendant with a credit card. 2) The Defendant failed to make the minimum payments due. 3) The Agreement was terminated following the service of a default notice. 4) The Agreement was assigned to the Claimant. And the Claimant claims a) 2140.14 b) Costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in 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 and it is accepted in so far that I have once had financial dealing with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant as they do not appear to be able to disclose any further details by way of CPR 31.14./CCA Request. 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974 from the original creditor. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimants solicitor has failed to date to respond to the CPR request. 6. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request. 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 & CCA request therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement ; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 / CCA Request 8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if 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 again I first posted it up to see if it was a good defence for me to modify but I'm going to modify it to cater to myself more tomorrow.