Response to CPR31.14

[amugu]

Hi, I am hoping the good members of this forum would help me with this.
MC/Cabot have issued a claim against me in the small claims court. I have acknowledged service and sent by recorded message a CPR 31.14 request. I have today received the following response. Any advice as to the best course of action following the response below
'We are instructed that this debt relates to an unsecured loan agreement with Halifax. The agreement was entered into on xx/xx/2006 and terminated on xx/xx/2008. The debt was then assigned to our client, Cabot Financial. Due to the outstanding debt being purchased over 6 years old we are unable to provide you with the relevant documents, we can confirm we have enclosed the notice of assignment for your reference. A county court claim was issued in relation to this matter on 18/04/24 for the amount of £2600. We suggest that you respond to the court via the documentation they have provided. Please respond within the next 14 days, or our instructions are to request judgement against you for the full outstanding balance".
NB - The notice of assignment they mention in the letter was not included.
Are they able to bring a case forward if the do not have copies of the default notice, agreement etc. Cabot have previously supplied the agreement and NOA to me so I know they have copies. They have informed me that Halifax have admitted to them that no default notice letter was sent to me.
Thank you for you help

[echat11]

Fill in the following, copy and paste back on to this thread without personal details -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
How old is the account?

The following is an example defence, once you've done it, copy / paste back onto this thread -

https://legalbeagles.info/library/gu...-court-claims/

Work out 28 days from the date on the court claim form so you don't miss the deadline to file your defence, update the thread so we can check your defence 3 days before it's due.

[amugu]

Received a claim? Yes/No: Yes
Issue Date:18/4/24
Have you Acknowledged the Claim?: Yes on 20/4/24
Total Amount Claimed : 2400
Claimant’s Name: Cabot
Solicitors Firm: MC
Original Creditor: Halifax
Original Debt (eg. Credit card/Loan/Overdraft) : Loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): By agreement between Halifax and the defendant on or 6/9/2006 Halifax agreed to loan the defendant monies. The defendant did not pay the instalments as they fell due. The agreement was terminated following the service of a default notice. The agreement was assigned to the named claimant. Cabot credit management group limited acting as a servicing agent of the named claimant through its appointed representative Cabot Financial Europe has arranged for these proceedings to be issued in the name of the claimant. The named claimant therefore claims 1) 2400 2) Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No Last payment 10/2018

List any letters you have sent (eg: CCA/ CPR ): CCA sent and documents received before claim was issued. CPR also sent. See response below
We are instructed that this debt relates to an unsecured loan agreement with Halifax. The agreement was entered into on xx/xx/2006 and terminated on xx/xx/2008. The debt was then assigned to our client, Cabot Financial. Due to the outstanding debt being purchased over 6 years old we are unable to provide you with the relevant documents, we can confirm we have enclosed the notice of assignment for your reference. A county court claim was issued in relation to this matter on 18/04/24 for the amount of £2600. We suggest that you respond to the court via the documentation they have provided. Please respond within the next 14 days, or our instructions are to request judgement against you for the full outstanding balance".

Any Other Information or Background Details: I started paying a reduced amount in 2008 and continued up to 2018. Original loan amount about £11,000. Halifax sent me a default notice in all these years. All they have is a screen shot of when they claim it was sent. The date they claim to have sent the default notice if correct was after one missed payment. I have challenged this and Halifax have admitted to Cabot that no default notice letter was sent to me.

How old is the account? 18 years

Thank you

[echat11]

a) Send a SAR request to the Halifax, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Do this again, as the previous request was made prior to their Court claim, send a CCA request to Cabot, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) This is an example Defence, start looking at it, don't file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[amugu]

I will send letters tomorrow.
Thank you

[amugu]

I will send letters tomorrow.
Thank you

What do you think of the response to my CPR below? They did not even include the NOA referred to in the letter

We are instructed that this debt relates to an unsecured loan agreement with Halifax. The agreement was entered into on xx/xx/2006 and terminated on xx/xx/2008. The debt was then assigned to our client, Cabot Financial. Due to the outstanding debt being purchased over 6 years old we are unable to provide you with the relevant documents, we can confirm we have enclosed the notice of assignment for your reference. A county court claim was issued in relation to this matter on 18/04/24 for the amount of £2600. We suggest that you respond to the court via the documentation they have provided. Please respond within the next 14 days, or our instructions are to request judgement against you for the full outstanding balance".

[echat11]

What do you think of the response to my CPR below? They did not even include the NOA referred to in the letter

We are instructed that this debt relates to an unsecured loan agreement with Halifax. The agreement was entered into on xx/xx/2006 and terminated on xx/xx/2008. The debt was then assigned to our client, Cabot Financial. Due to the outstanding debt being purchased over 6 years old we are unable to provide you with the relevant documents, we can confirm we have enclosed the notice of assignment for your reference. A county court claim was issued in relation to this matter on 18/04/24 for the amount of £2600. We suggest that you respond to the court via the documentation they have provided. Please respond within the next 14 days, or our instructions are to request judgement against you for the full outstanding balance".

What they've sent and haven't sent will be 'reflected' in your Defence.

[amugu]

What they've sent and haven't sent will be 'reflected' in your Defence.

Claim date 18/4 so looking at filing defence next week. Below is a draft of my defence. Cabot informed me in writing that Halifax told them that they did not send any letters to me. Should I include this in statement 6?
Thank you

1.The Defendant received the claim xxxxxx from the Northampton County Court on 20^th April 2024.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant entered into a loan agreement with Halifax.

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 states the agreement was entered into on 16/09/2006

7.The Claimants statement of case states that the account was assigned from Halifax to Cabot, but no date is specified.

8.It is denied that Halifax 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.

9.On the 20/04/2024 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 Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice, account balance history and Notice of Assignment.

10.Mortimer Clarke Solicitor has responded to the request stating ‘due to the outstanding debt being purchased over 6 years old we are unable to provide with the relevant documents, we can confirm that we have enclosed the notice of assignment for your reference’. The letter did not contain the notice of assignment as stated.

11.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.

12.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.

13.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.

14.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[echat11]

'Claim date 18/4 so looking at filing defence next week. Below is a draft of my defence. Cabot informed me in writing that Halifax told them that they did not send any letters to me. Should I include this in statement 6?'

No. You are only addressing their 'Particular of Claim'. That goes in your Witness Statement.

[echat11]

Check the following, read it a couple of times, then providing it's correct lodge it with the Court via MCOL.
You can send it to Mortimer Clarke Solicitor make sure you get Proof of Postage.

1.The Defendant received the claim xxxxxx from the Northampton County Court on 18^th April 2024.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant entered into a loan agreement with Halifax.

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 states the agreement was entered into on 16/09/2006

7.The Claimants statement of case states that the account was assigned from Halifax to Cabot, but no date is specified.

8.It is denied that Halifax 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.

9.On the 20/04/2024 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 Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice, account balance history and Notice of Assignment.

10.Mortimer Clarke Solicitor has responded to the request stating ‘due to the outstanding debt being purchased over 6 years old we are unable to provide with the relevant documents, we can confirm that we have enclosed the notice of assignment for your reference’. The letter did not contain the notice of assignment as stated.

Change the above to - Mortimer Clarke Solicitor has not sent any of these documents to the Defendant. They stated that they had enclosed the notice of assignment in a letter, but no notice of assignment was enclosed.

Add the following:

11.On the [Date] The Defendant sent a formal request for a copy of the original agreement to Halifax pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

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 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.

15.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.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________


You need to do this, if you want to use it as part of your defence -

b) Do this again, as the previous request was made prior to their Court claim, send a CCA request to Cabot, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

[amugu]

'Claim date 18/4 so looking at filing defence next week. Below is a draft of my defence. Cabot informed me in writing that Halifax told them that they did not send any letters to me. Should I include this in statement 6?'

No. You are only addressing their 'Particular of Claim'. That goes in your Witness Statement.

Thank you, Dates correct.
For point 11, should it read Cabot instead of Halifax since they are the claimant. I have already SAR Halifax

[echat11]

Thank you, Dates correct.
For point 11, should it read Cabot instead of Halifax since they are the claimant. I have already SAR Halifax

Yes it should read Cabot.

The following is a formal request under the CCA 1974, it helps your Defence, they have to comply with your request.

b) Do this again, as the previous request was made prior to their Court claim, send a CCA request to Cabot, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

A SAR isn't relevant to the Court proceedings, it helps obtain information / data that might hold other important pieces of information to help your case.

[amugu]

Yes it should read Cabot.

The following is a formal request under the CCA 1974, it helps your Defence, they have to comply with your request.

b) Do this again, as the previous request was made prior to their Court claim, send a CCA request to Cabot, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

A SAR isn't relevant to the Court proceedings, it helps obtain information / data that might hold other important pieces of information to help your case.

Thank you. I have sent the CCA request

[amugu]

Thank you. I have sent the CCA request

Defence submitted online. With regards to sending the copy of the defence to the solicitors, is it just the defence statement above or the whole form? I am guessing it will require proof of delivery too.
Thank you

[echat11]

Defence submitted online. With regards to sending the copy of the defence to the solicitors, is it just the defence statement above or the whole form? I am guessing it will require proof of delivery too.
Thank you

Just Defence with Proof of Postage.