** DISCONTINUED / settled in part ** Crying for help ! Please!

[Shann23]

Re: Crying for help ! Please!

another question please, if you send letters to them do you have to use your "normal/proper" signature or any signature is okay? just scared that they just want to see my signature clearly so they can copy them?! although I used the image from charity😟

[nemesis45]

Re: Crying for help ! Please!

another question please, if you send letters to them do you have to use your "normal/proper" signature or any signature is okay? just scared that they just want to see my signature clearly so they can copy them?! although I used the image from charity

Use your normal signature there is no reason for not doing so!

nem

[Shann23]

Re: Crying for help ! Please!

thanks nem.. it was just out of curiosity actually.. and my signature wasn't so clear last time , I used light pen I think but I signed it🤔 ☺️

[Shann23]

Re: Crying for help ! Please!

Hi sorry if I keep asking..

I am ready to print out another letter but then I realised I don't have any other reference number aside from the claim number? .. I don't have Cabot reference as well.. 😟

[charitynjw]

Re: Crying for help ! Please!

I would send the CCA request & fee, addressed on the CCA request to the claimant, via the solicitor at their address.
I would enclose a covering letter to the solicitor, explaining that their client returned the original request, claiming to be unable to trace my details from the court reference no. despite them having a live court claim against me, & could the solicitor make sure that the request is dealt with expediently using whatever reference number their client deigns to be applicable if the court claim no. is not considered sufficient.
I would also cross-refer the two letters to make sure there was no wriggle-room.
Make sure, if using a postal order, that it is made payable to the Claimant, Cabot, & endorse it 'For statutory purposes only'; put the court claim no. on it for good measure!
Keep copies of everything & get proof of posting.

[nemesis45]

Re: Crying for help ! Please!

Hi sorry if I keep asking..

I am ready to print out another letter but then I realised I don't have any other reference number aside from the claim number? .. I don't have Cabot reference as well.. 

Good morning Shann,

The claim number will be fine.

nem

[Shann23]

Re: Crying for help ! Please!

Hi [MENTION=55034]nemesis45[/MENTION] I have put my claim number on my letter last time and they said they couldn't find my details.. so yeah maybe I will try to send the letter to their solicitor instead like what Charity is suggesting.. I just read the replies after work .. so I will have to do the letters tonight so I can send them tomorrow before I start my work.. any chance you have a letter for me to copy😄😔 thank you!

[nemesis45]

Re: Crying for help ! Please!

Hi @nemesis45 I have put my claim number on my letter last time and they said they couldn't find my details.. so yeah maybe I will try to send the letter to their solicitor instead like what Charity is suggesting.. I just read the replies after work .. so I will have to do the letters tonight so I can send them tomorrow before I start my work.. any chance you have a letter for me to copy thank you!

Good idea from Charity.

To the Sols.

Dear Sir or Madam,

Re: Claim No...........................................:

Your Client claimants name.

Please find the attached formal request for a copy of the CCA 1974 regulated agreement from which the alleged debt arises. I include herewith the £1.00 statutory fee.

Please forward this request to your client as soon as possible.

I take this action as your client claims not to recognise the claim number or my details.

Yours etc.

use signed for post.

nem

[Shann23]

Re: Crying for help ! Please!

Thank You🤗

[Shann23]

Re: Crying for help ! Please!

Hi again, I still haven't received any reply from solicitors and cabot.. I need to do my defence next week 10th Dec.. 😔

[Shann23]

Re: Crying for help ! Please!

hello.. I am trying to do my defence (but with all honestly I don't know where/what to do&#128532 and just want to know when is the best day to send it? my defence date is 10th of this month? thanks again

[Kati]

Re: Crying for help ! Please!

tagging [MENTION=55034]nemesis45[/MENTION] xx

[charitynjw]

Re: Crying for help ! Please!

hello.. I am trying to do my defence (but with all honestly I don't know where/what to do��) and just want to know when is the best day to send it? my defence date is 10th of this month? thanks again

Per your post #5, the claim issue date was 7th November.
So yes, defence is due latest Sat 10th December. (As it appears that they didn't bother to take up your generous offer of a 28 day extension in the CPR request).
There's a defence example at the top of the thread; just rejig it to suit your facts.
If you post a draft up on this thread, we'll have a look at it for you. (Remove personal identifiers).
There would be no harm submitting it to court Friday 9th if you prefer

[Shann23]

Re: Crying for help ! Please!

thank you [MENTION=5553]charitynjw[/MENTION] .. I will post it after I finished 🙂

[Shann23]

Re: Crying for help ! Please!

Hi, I want to apologised in advance about my defence.. I don't really know what to write..I don't even know what I am doing .. I am trying to edit the defence sample but couldn't do it. No Clue at all! can please someone help me? PLEASE? [MENTION=5553]charitynjw[/MENTION], [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]

Thanks 😔



1: I received the claim XXXX from the Northampton County Court on 9th November 2016.

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 a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into[an agreement/agreements] with [Original Creditor /Claimant] for provision of credit. ???
(ADMIT THAT I HAVE A CAPITAL ONE OR DENIED THAT I HAVE AGREEMENT WITH THE CLAIMANT?)



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 when the agreement was entered into.]
???!???


6. The Claimants statement of case states that the account was assigned from CAPITAL ONE to CABOT FINANCIAL (UK) LIMITED . The Defendant does not recall receiving notice of this assignment.

7. 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.

8: On the 10th November 2016 , 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 LTD. I requested the Claimant provide copies of the Agreement, Default Notice , Notice of Assignment and Formal demand.

9. MORTIMER CLARKE SOLICITORS LTD. has not sent any of these documents to me.

10. On the same date ,10th November 2016, I sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


?????[11: On the 23rd November 2016, I received a letter from the Claimant, telling me that they couldn't locate my account. ?????

12: On the 24th November 2016, I sent a letter to Mortimer Clarke Solicitors LTD requesting them to forward my CCA letter to their client.]?????
DO I NEED TO INPUT THIS AS WELL?!



11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [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.].
??????????
I ASKED BUT THEY DIDN'T ACTUALLY MENTION IT TO THEIR LETTER?!

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. 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.

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.



Signed …………………………………………

Dated .................................................. ....