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Re: Inheritthewind vs Cabot/Mortimer Clarke
I would had that the claimant has made this claim without any paperwork or has refused to supply me with the paperwork.
But thats me.
Originally posted by Inheritthewind
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Is it possible to just take a look at this please, to ensure my defence is reasonable and valid (from what you can tell) and if I am better off adding or removing anything?
Thank you again.
Dear sir/madam,
With reference to this claim, please see below for my defence:
1: I received the claim XXXXXXXXX, dated 27th February 2015 from the Northampton County Court Business Centre, on 4th March 2015.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement 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.
5. The particulars of claim fail to state exactly when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Barclaycard to Cabot Financial (UK ) Ltd. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Barclaycard 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.
8: On 6th March 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Limited. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.
9. Mortimer Clarke, in their letter dated 10th March 2015 (received 17th March 2015), declined to send any of these documents to me.
10. On 6th March 2015, I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
13. 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.
14. The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation, failing which the claim should be struck out.
15. 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.
16. 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.
Thank you again.
Dear sir/madam,
With reference to this claim, please see below for my defence:
1: I received the claim XXXXXXXXX, dated 27th February 2015 from the Northampton County Court Business Centre, on 4th March 2015.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement 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.
5. The particulars of claim fail to state exactly when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Barclaycard to Cabot Financial (UK ) Ltd. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Barclaycard 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.
8: On 6th March 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Limited. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.
9. Mortimer Clarke, in their letter dated 10th March 2015 (received 17th March 2015), declined to send any of these documents to me.
10. On 6th March 2015, I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
13. 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.
14. The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation, failing which the claim should be struck out.
15. 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.
16. 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.
But thats me.
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