Mortimer Clarke Solicitors - claim form ( Northampton Court )

[MIKE770]

not necessary at this stage personally i would not. if they came up with MBNA etc then ???????????????? see my drift?

[Aleksandra_w]

DEFENCE

1.The Defendant received the claim J.. from the Northampton County Court on 23^rd 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 Credit Card agreement regulated under the Consumer Credit Act 1974.



4. It is admitted that the Defendant has previously entered into an agreement with Capital One Bank (Europe) PLC 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 states the agreement was entered into on 27/08/2010



7.The Claimants statement of case states that the account was assigned from Capital One Bank (Europe) PLC to CABOT FINANCIAL (UK) LTD. The Defendant does not recall receiving notice of this assignment.



8. It is denied that Capital One Bank (Europe) PLC 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 26^th January 2022 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.



10. MORTIMER CLARKE SOLICITORS Ltd has not sent any of these documents to the Defendant.



11. On the 5^th October 2020 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 and to date is outstanding request.


12. 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.



13. 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). 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.



14. 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.

15. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.



16. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.





17. 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 ________________________________

[Aleksandra_w]

They did state in the claim the original creditor so I have included it in the defence.

please let me know if any corrections are needed.

[MIKE770]

send in two days on line before deadline

[Aleksandra_w]

Deadline is tomorrow 4pm.
so I’m submitting it today online.
it says do not send via post if I submit that online.

[Aleksandra_w]

Sorry, does the defence look/ read well?

any suggestions or corrections?

[Aleksandra_w]

DEFENCE

1.The Defendant received the claim J.. from the Northampton County Court on 23^rd 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 Credit Card agreement regulated under the Consumer Credit Act 1974.



4. It is admitted that the Defendant has previously entered into an agreement with Capital One Bank (Europe) PLC 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 states the agreement was entered into on 27/08/2010



7.The Claimants statement of case states that the account was assigned from Capital One Bank (Europe) PLC to CABOT FINANCIAL (UK) LTD. The Defendant does not recall receiving notice of this assignment.



8. It is denied that Capital One Bank (Europe) PLC 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 26^th January 2022 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.



10. MORTIMER CLARKE SOLICITORS Ltd has not sent any of these documents to the Defendant.



11. On the 5^th October 2020 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 and to date is outstanding request.


12. 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.



13. 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). 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.



14. 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.

15. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.



16. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.





17. 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 ________________________________

Please let me know if I can just submit my defence as it is?
I am open for suggestions or corrections if necessary.

[echat11]

With 12 and 13 it's either 77 or 78, not both, the answer is in the instructions with the template, remove the brackets.

11. On the 5^th October 2020 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 and to date is outstanding request.


12. 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.

Regards 13, have you asked for an extension? I think not, remove it completely and re - number.

13. 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). 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.

[Aleksandra_w]

With 12 and 13 it's either 77 or 78, not both, the answer is in the instructions with the template, remove the brackets.

11. On the 5^th October 2020 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 and to date is outstanding request.


12. 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.

Regards 13, have you asked for an extension? I think not, remove it completely and re - number.

13. 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). 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.

Section 13

i have asked for extension as week after I received the claim. The Mortimer Clarke has sent me letter agreeing to the extension.

section 12

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

[echat11]

Section 13

i have asked for extension as week after I received the claim. The Mortimer Clarke has sent me letter agreeing to the extension.

section 12

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

That's fine, change 11. as well.

[Aleksandra_w]

1.The Defendant received the claim J ..from the Northampton County Court on 23rd 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 Credit Card agreement regulated under the Consumer Credit Act 1974.



4. It is admitted that the Defendant has previously entered into an agreement with Capital One Bank (Europe) PLC 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 states the agreement was entered into on 27/08/2010



7.The Claimants statement of case states that the account was assigned from Capital One Bank (Europe) PLC to CABOT FINANCIAL (UK) LTD. The Defendant does not recall receiving notice of this assignment.



8. It is denied that Capital One Bank (Europe) PLC 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 26th January 2022 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.



10. MORTIMER CLARKE SOLICITORS Ltd has not sent any of these documents to the Defendant.



11. On the 5th October 2020 The Defendant sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee and to date is outstanding request.



12. 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.



13. 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). 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.



14. 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.



15. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.



16. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.





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

[Aleksandra_w]

I realised I didn’t request extension I sent them letter 31.14 to MORTIMER CLARKE SOLICITORS Ltd I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.(picture attached)

would section 13 be like(see below) Or shall I remove it completely?

13. 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

[echat11]

I realised I didn’t request extension I sent them letter 31.14 to MORTIMER CLARKE SOLICITORS Ltd I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.(picture attached)

would section 13 be like(see below) Or shall I remove it completely?

13. 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

Have they responded requesting more time? If the answer is 'no', then remove it.
If they have requested it then the answer is 'yes' then include it.

[Aleksandra_w]

Yes, they said yes.
they agree to extending time to 28days.

[Aleksandra_w]

Defence

1. The Defendant received the claim J.. from the Northampton County Court on 23rd 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 Credit Card agreement regulated under the Consumer Credit Act 1974.



4. It is admitted that the Defendant has previously entered into an agreement with Capital One Bank (Europe) PLC 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 states the agreement was entered into on 27/08/2010



7.The Claimants statement of case states that the account was assigned from Capital One Bank (Europe) PLC to CABOT FINANCIAL (UK) LTD. The Defendant does not recall receiving notice of this assignment.



8. It is denied that Capital One Bank (Europe) PLC 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 26th January 2022 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.



10. MORTIMER CLARKE SOLICITORS Ltd has not sent any of these documents to the Defendant.



11. On the 5th October 2020 The Defendant sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee and to date is outstanding request.



12. 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.



13. 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.



14. 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.



15. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.



16. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.





17. 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.