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Claim No: J4
CABOT FINANCIAL (UK) LTD
Claimant
And
HG
Defendant
DEFENCE
1.The Defendant received the claim J from the Northampton County Court on Saturday 15th January 2022.
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 Loan agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has entered into and agreement with GE MONEY for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim state that the agreement was entered into on 01 December 2006.
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8.The Claimants statement of case does not state that the account was assigned from GE MONEY to CABOT FINANCIAL (UK) LTD. The Defendant does not recall receiving notice of this assignment.
9.It is denied that GE MONEY 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the 17th January The Defendant 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 LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11. MORTIMER CLARKE SOLICITORS has not sent any of these documents to the Defendant.
12.On the 17th JANUARY The Defendant sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK) LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.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.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the 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.]
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
18.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 ________________________________
Not sure how to respond to 14? Should I just delete it?
Thank you so much for your help with this. It really is appreciated.
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