Defence required for court claim

[hr1]

i have been issued with a county court claim from cabot , i did have a monthly arrangement in place with cabot but was unable to keep up with it ,

Basically i would like to know if there is anything i can do to stop a ccj being registered against as due to my line of work i cant afford to have it there.

they have refused to set up another arrangement in return for not pursuing the ccj .

It is a debt i owe and i do wish to pay it . I may have access to a lump in a few months , the debt is for two credit cards totalling 8k .

I have acknowledged the claim and sent cpr31.14 to the solicitors ,

the sols replied stating they have extended the time to file a defence until 14 days after they supplied the paperwork . I received a whole pile of stuff from the sols this week , the later was dated 15th june thereby i think i need to have a defence in by monday .

this is the letter they sent

http://

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it seems that they think they dont need to provide a default notice or termination notice.

the agreements they have sent are

http://

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i would really appreciate any help in how to defend this
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sorry the scanned images are too small , but i think if u double click on them it will enlarge in another box

[Paule]

Re: Defence required for court claim

Can you scan up the POC they have issued

[hr1]

Re: Defence required for court claim

The pariculars of the case are :

claimant is part of cabot financial group and has purchased the debts below ,
despite request to for payment the defendant has failed to pay £8k in relation to the defendants capital one and liverpool victoria credit card
and the claimant claims8k together with interest under section 69 of the county courts act 1984 and costs

date of issue is 18th march ,
claimant is cabot financial(uk) limited

[Paule]

Re: Defence required for court claim

date of issue is 18th march ,

Have you acknowledged the claim?
What date did you have to submit a defence by?
Have you had confirmation from court of this?

[hr1]

Re: Defence required for court claim

i did ackowledge the claim online on 30th March , i had to to submit the defence within 28 days . But the letter from cabot sols (morgans) states that 'we are happy to agree to an extension of yor time to file a defence until 14 days after you receive the requested documents ' , they sent the documents to me dated 15th june
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i have spoken to the court today and judgement has not been entered yet , they said to get the defence in as soon as i can e

[Amethyst]

Re: Defence required for court claim

hmmm two seperate causes of action, dont think thats alloweded.

take a look at this thread (when i find the link) here - Three Debts On One Claim Form-is This Legal - Legal Beagles


There a witness statement Legal Beagles (word doc) which might give you some guidance.

The pariculars of the case are :

claimant is part of cabot financial group and has purchased the debts below ,
despite request to for payment the defendant has failed to pay £8k in relation to the defendants capital one and liverpool victoria credit card
and the claimant claims8k together with interest under section 69 of the county courts act 1984 and costs

date of issue is 18th march ,
claimant is cabot financial(uk) limited

[hr1]

Re: Defence required for court claim

i have loked at the links amethyst , thanks for that , in my case they have complied with the cpr 31.14 and sent documents , so how can i word the defence to thsi effect ie saying that they have given the documents but that they are not correct .

also are you saying that i should provide a witness statement as in the link ?

[Amethyst]

Re: Defence required for court claim

Nope just thought it might contain some useful info for you.

Will look at the other bits now

[hr1]

Re: Defence required for court claim

thanks amethyst

[Curlyben]

Re: Defence required for court claim

OK here's a holding defence for you.
This will keep them occupied for the moment.

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Now as for the supplied "agreements";
The Cap1 sucks big ones, as for the LV one, it's difficult to read.
Is it that bad in real life ??

Now have Morgans supplied EVERYTHING, including assignment and default notices ?

[hr1]

Re: Defence required for court claim

Thanks Curlyben ,

the lv 'agreement' is a bad photocopy in real life as well .

Morgans have supplied everything as stated in their letter that i scanned at the beginning of the thread , so according to them no default notices required ,
they have sent signed contracts of assignment that amount to 20+ pages ,

you say this is a holding defence , - how long does that give me ?

[Curlyben]

Re: Defence required for court claim

Next stage in this is filing an application.
Basically file the claim properly or strike out.
We have time for this mind and I'll work on something for you.

Basically at then end of the day their claim is woefull and incorrect in so many ways.

[hr1]

Re: Defence required for court claim

sorry , just to clarify ,so today i need to just file the defence you have put together for me , then it is up to them to reply to the defence ?

[Curlyben]

Re: Defence required for court claim

In a nutshell, yes.
But we'll have something else up our sleeves ..

[hr1]

Re: Defence required for court claim

well after 4 months i got a transfer of proceedings letter and also an allocation questionnaire to fil in by 30th Nov . I was hoping theyhad forgotten about it but guess not ,
Any advice on what happens next is greatly appreciated

thanks