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  1. #1
    Welshman1's Avatar

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    Default can or should i change my defence, or is it to late

    History is :
    aqua mastercard debt £1300 +defaulted , passed to cabolt, ignored them then sent to reston solicitors: resulting in the claim form from northampton court 20 sept17.
    .................................................. .................................Recieved a court claim form which stated ::::
    Particulars of claim
    The claimant claims payment of the overdue
    balence due from the defendant under a
    contract between thhe defendant and
    aqua mastercard
    dated on or about xxx xxth 2015 and assigned
    to the claimant on xxx xxth 2017
    PARTICULARS a/c no 0000xxxxxxxxxxxx
    DATE ITEM VALUE
    XX/XX/2017 Default Balence £13xx.xx
    Post Refrl Cr NIL
    TOTAL £13XX.XX
    .................................................. .................................................. ..........................................
    I RETURNED AN AKNOLEDGE OF SERVICE WITH THIS DEFENCE (as follows)

    CPR18 Request for further information.

    Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

    Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

    1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
    2.The deed of assignment
    3.The notice of assignment
    4.The default warning letter
    5.The default notice

    You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.

    Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
    Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.
    If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
    If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
    Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

    Yours faithfully
    .................................................. .................................................. ...............................

    RECIEVED A REPLY FROM RESTONS SOLICITORS TODAY: AS FOLLOWS

    Dear Sir
    Re: Cabot Financial (uk) Limited v ,yourself
    Claim number: XXXXXXXXX

    We note you have recently filed a defence to the court proceedings issued against you.

    We note fron your defence that you state prior to proceddings having been issued you made a request pursuant
    to crr 18. We have recieved no such request. if you maintain that one was sent we would respectfully request that
    you provide evidence of the same.

    We would respectfully draw your attention to cpr 16.5 which sets out what a defendant must state within thier
    defence. we notethat your defence consists of a request for information under cpr 18. under cpr 16.5(1) a
    defendant must state which of the allegations in the particular of claim they deny, admit or are unable to admit or
    deny. you have failed to do so.

    you state within your defence, you state that any response to your request must include a statement that we agree to
    an extension of time for you to file your defence, we are somewhat confused by this statement as you have filed this
    request as your defence.
    according to the information we have recieved from our client, the last payment recieved towards your account was
    on xx/09/2016 and a balence of £13xx.xx remains outstanding.
    in view of the information set out in this letter, we do not believe your defence has any real prospect of success and
    we will therefore reccomend to our client that an application be made to strike out the defence and to enter
    judgement against you for the full amount claimed, together with legal fees and costs. should you wish to avoid theese
    further costs being incurred then we invite you to withdraw your defence by completing the enclosed form N9A and
    returning it to this office within 14 days.
    We await your response.
    .................................................. .................................................. .................................................. ............................

    Could somebody please help with advice of where to go from here / or best course of action ?????

  2. #2
    Amethyst's Avatar

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    Default Re: can or should i change my defence, or is it to late

    You sent a part 18 as your defence ? You will need to amend if so. This will need an application and a request for the other side to consent to the amendment.

    Had you sent a CCA request before the claim? ( is that what you referred to at the beginning of your "defence" ?)

    As it doesn't appear you're anywhere near statute barred are there any other issues in the claim to use in defence other than non compliance with that part 18 ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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  3. #3
    Welshman1's Avatar

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    Default Re: can or should i change my defence, or is it to late

    [QUOTE=Amethyst;756653]You sent a part 18 as your defence ? You will need to amend if so. This will need an application and a request for the other side to consent to the amendment.

    Had you sent a CCA request before the claim? ( is that what you referred to at the beginning of your "defence" ?)

    As it doesn't appear you're anywhere near statute barred are there any other issues in the claim to use in defence other than non compliance with that part 18 ?[i made a big mistake in my response to this claim], maybe told some debt collector on the phone to send me details, i have not sent a CCA request yet and there are no other issues to the claim as at the time got into debt and couldnt afford repayments. Now I'm e in a position where i could afford to pay the debt off at about 80 month, getting a ccj or default makes no difference to my life, but i am self employed and would not want to put my business at risk ( i sell confectionary from my van sales) i am after damage limitation and any advice on how to progress or buy a little more time would be greatfully appreciated

  4. #4
    Welshman1's Avatar

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    Default Re: can or should i change my defence, or is it to late

    Hi Amethyst, i made a big mistake in my response to this claim, maybe told some debt collector on the phone to send me details, i have not sent a cca request yet and there are no other issues to the claim. Would a cca request buy me some time and as above ime looking for a solution, any advice on best way to procede please

  5. #5
    Amethyst's Avatar

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    Default Re: can or should i change my defence, or is it to late

    Ok get a cca request sent off today ( see link in green st top of forum) and we’ll have a think about what your best course of action is re this defence - cca request is always a handy thing to have in the pipeline in case you decide to carry on defending - aqua weren’t the greatest at paperwork
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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