• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Recieved 2 Claim forms

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Recieved 2 Claim forms

    Thanks MrMRJ

    I get easily confused

    So they are probably within their rights not to send them as they were not specifically asked mentioned

    The powerful tool is the CCA request although as I said, in your defence you want to ask that they prove a compliant DN was issued and the agreement was assigned by production of the deed of assignment

    Comment


    • #32
      Re: Recieved 2 Claim forms

      OK, so I need to get my defence in tonight. What would you advise my defence is based on? The fact that we believe it is statute barred or should there be other things added?

      Thanks for your assistance.

      Comment


      • #33
        Re: Recieved 2 Claim forms

        Replied on your other thread.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #34
          Re: Recieved 2 Claim forms

          Ok here is my draft defence attached. Is this OK?

          Could someone also confirm the bold sections in the defence am I selecting secontion 77 or 78.

          Thanks
          Attached Files

          Comment


          • #35
            Re: Recieved 2 Claim forms

            I am not the expert but while you said no assignment but nothing about them needing to prove it. Im on my phone so could only scan it

            Comment


            • #36
              Re: Recieved 2 Claim forms

              I would also make the SB more prominant.

              Comment


              • #37
                Re: Recieved 2 Claim forms

                s78 for credit card & catalogue claims.....scrub refs to s77.

                At the bottom, add
                It is denied that the Claimant is entitled to the relief as claimed or at all.
                As Warwick says, move the SB para up to a more prominent position.
                & number the paragraphs.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #38
                  Re: Recieved 2 Claim forms

                  Originally posted by charitynjw View Post
                  s78 for credit card & catalogue claims.....scrub refs to s77.

                  At the bottom, add

                  As Warwick says, move the SB para up to a more prominent position.
                  & number the paragraphs.
                  Thanks. Does this look OK?

                  1. I received the claim [CLAIM No] from the Northampton County Court on 18th April 2017

                  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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.
                  4. The Defendant contends that any alleged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that she has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.
                  5. The Claimants statement of case states that the account was assigned from Shop Direct to Capquest Investments Limited on August 12th 2013. The Defendant does not recall receiving notice of this assignment.
                  6. It is denied that Shop Direct 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.
                  7. On the 22nd April 2017 I sent a formal request for a copy of the original agreement to Capquest Investments Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                  8. 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.
                  9. 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.

                  10. 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.


                  11. 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.
                  12. 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.

                  Comment


                  • #39
                    Re: Recieved 2 Claim forms

                    At 5 add the claimant is required to prove the account was legally assigned according to the Law of Property Act 1925.

                    I would space at 1.5 between lines and double between paragraphs. Makes it easier to read.

                    Comment


                    • #40
                      Re: Recieved 2 Claim forms

                      Originally posted by warwick65 View Post
                      At 5 add the claimant is required to prove the account was legally assigned according to the Law of Property Act 1925.

                      I would space at 1.5 between lines and double between paragraphs. Makes it easier to read.
                      Thanks, there is a space on the document itself just hasnt pasted correctly on here.

                      Comment


                      • #41
                        Re: Recieved 2 Claim forms

                        Getting there!
                        Double-space paragraphs.
                        Being nitpicky, I would stick to either 'the Defendant.....' or 'I.......'
                        & tweak the sentence/para accordingly (ie so that it makes sense)
                        I'd also change the 'she' in para #4 to suit. (I, or the Defendant)
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #42
                          Re: Recieved 2 Claim forms

                          Hi Everyone,

                          Back from holiday and back to reality.

                          While we were away we recieved ackowledgement from the court that the defence had been submitted. We also did recieve a reconstituted Credit Agreement and copy of T&C from the claimant. Although no dates in the credit agreement.

                          We also recieved the attached reply from Restons for the defence we put in. Do we need to respond to this? They also attached another copy of the court admission form.

                          The bit in thier reply that concerns me is what they say about the debt being statute barred, are they correct in what they say. There has been no payment or communication from our end regarding this debt since Christmas 2010.


                          Thanks
                          Attached Files

                          Comment


                          • #43
                            Re: Recieved 2 Claim forms

                            As ou have included SB in your defence along with the lack of default notice is really is up to them I think to prove otherwise.

                            In your witness statement ( if it gets to that) you expand on what you have said

                            I believe it is not so much when they defaulted and terminated the account but when they could have. Capital One contracts are very specific about that so maybe you need to read the recon they have sent you to see what it says

                            They have sent you that but you haven't received a DQ so they have not yet decided to proceed

                            I am glad I am not up against Resctons- they are hard faced buggers who will bluff bluff and try it on

                            Comment


                            • #44
                              Re: Recieved 2 Claim forms

                              Originally posted by warwick65 View Post
                              As ou have included SB in your defence along with the lack of default notice is really is up to them I think to prove otherwise.

                              In your witness statement ( if it gets to that) you expand on what you have said

                              I believe it is not so much when they defaulted and terminated the account but when they could have. Capital One contracts are very specific about that so maybe you need to read the recon they have sent you to see what it says

                              They have sent you that but you haven't received a DQ so they have not yet decided to proceed

                              I am glad I am not up against Resctons- they are hard faced buggers who will bluff bluff and try it on
                              So there is no need to reply to thier letter, and just wait for any further documents from the court?

                              Comment


                              • #45
                                Re: Recieved 2 Claim forms

                                Originally posted by MrMRJ View Post
                                Hi Everyone,

                                Back from holiday and back to reality.

                                While we were away we recieved ackowledgement from the court that the defence had been submitted. We also did recieve a reconstituted Credit Agreement and copy of T&C from the claimant. Although no dates in the credit agreement.

                                We also recieved the attached reply from Restons for the defence we put in. Do we need to respond to this? They also attached another copy of the court admission form.

                                The bit in thier reply that concerns me is what they say about the debt being statute barred, are they correct in what they say. There has been no payment or communication from our end regarding this debt since Christmas 2010.


                                Thanks
                                Hahaha, they are running the termination argument for limitation and are probably relying on BMW v Hart.

                                I beat that argument recently, if you look at my blog which is in my signature below youll see. The Argument they are running relies on a perverse idea that limitation runs from when the creditor terminates the agreement, however that cannot be right, otherwise a creditor could wait 30 years, send a default notice and have a further years to bring a claim despite the breach of contract occuring 37 years previous.
                                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                                If you need to contact me please email me on Pt@roachpittis.co.uk .

                                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                                You can also follow my blog on consumer credit here.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X