Why does a claimant say that no DN IS REQUIRED

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

ok 1. first defence was an embarassed defence as they had sent me no docs under my CPR 31.14 Request and Cabot asked for a stay whilst they got there act together.

2. directions from the judge dated 26th August asked for copies of credit agreement etc ( everything including DN )
3. I put in another defence saying that they had not complied fully with the judges directions;or my original CPR request.

stating that failed to provide copy or deed of assignment
representation notice of assignment has been produced which is undated and my address missing
No strict proof of mailing
No DN

does this help ?

i also do not recall any letter from EGG terminating my agreement or we will pass to a DCA

Thanks

[Amethyst]

Re: Why does a claimant say that no DN IS REQUIRED

If you can, I'd prefer to see the actual defence entered. You can paste here, pm me or email admin@legalbeagles.info x Thanks

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

CLAIM NUMBER –

Between

CABOT FINANCIAL (UK) LIMITED
&

I, am the Defendant in this action and submit the following statement as my defence to the claim made by Cabot Financial (UK) Limited.
Except where otherwise mentioned in this defence, I neither admit nor deny any allegations made in the particulars of the claim and put the claimant to strict proof there of.
I, the Defendant am embarrassed in pleading to the particulars of the claim as it stands, inter alia –
The Claimants particulars of the claim disclose no legal cause of action and are embarrassing to the defendant is so far as the claimants statement of the case is insufficiently particularised and does not comply or even attempt to comply with CPR Part 16. In this regard I respectfully draw the Court’s attention to the following matters:

· The particulars of the claim are vague, insufficient in detail and do not disclose an adequate or clear statement of the facts relating to, or proceeding the alleged course of action. No particulars are offered in relation to the nature of the written contracts referred to, the method by which the Claimant calculated any outstanding sum due or any other matters necessary to substantiate the Claimants claim.
· A copy of the purported written contracts that the Claimant cites in the particulars of the claim and which appear to form the basis upon which these proceeding have been brought have not been served attached to the claim form.
· The Claimant has brought this action without fair warning in what appears to be ignorance of the Civil Procedure rules pre action protocols Para 4.3. No letter before action was received.
· On 29 June 2010 the Defendant submitted a request via first class mail pursuant to S77-79 of the Consumer Credit Act 1974 to the Claimant’s Solicitor, for copies of any Consumer Credit Agreement purported to the Defendant.
· The Claimant’s Solicitor wrote to the Defendant on 5 July 2010 stating that the Claimant is willing to provide a copy of the Credit Agreement when a copy is provided by the Assignor. The Claimant has frustrated the Defendant by failing to meet the S 77-79 request.
· On 14 July 2010 the Defendant submitted a request under CPR 31.14 via special deliver for copies of Agreements and all statements since inception of accounts in order to assess if the sum claimed is accurate. Additionally a request was made for copies of any other documents that the Claimant is relying upon in pursuit of this claim. The time limit in respect of these requests has not yet expired.
· The Claimant is put to strict proof of the mailing of the default notices. To be valid a default notice needs to be accurate in terms of both the scope and nature of the breach and include an accurate statement of figures required to remedy any breach. The prescribed format for such a document is set out in Consumer Credit (enforcement, default & termination notices) Regulation 1983 (S1 1983/1561) and in the Consumer Credit (enforcement, default & termination notices) Amendment Regulations (SI 2004/3237)
· Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services v Swain & Co (2001) but is unlawful recession of contract which would not only prevent the Court from enforcing any alleged debt but also give rise to a potential counter claim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society (1996 4 ALL ER 179)

I respectfully ask permission of the court to amend my defence when
the Claimant provides the full disclosure of the documentation I have
requested.

Statement of truth

I the Defendant believe the above statement to be factual and true

Signed


14th July 2010



that was the first defence


second one that generated the amended POC is below


CLAIM NUMBER –

Between

CABOT FINANCIAL (UK) LIMITED
&

I, am the Defendant in this action and submit the following statement as my defence to the claim made by Cabot Financial (UK) Limited.
Except where otherwise mentioned in this defence, I neither admit nor deny any allegations made in the particulars of the claim and put the claimant to strict proof there of.
I, the Defendant am still embarrassed in pleading to the particulars of the claim as it stands, inter alia –
The Claimant has not complied with the order made by Portsmouth County Court on 26th August 2010 by Deputy District Judge. The order referred to the directions given by District Judge on the 28th August 2010 ( Directions attached ). The Claimant yet again has failed to comply in full with the directions given on this date as they failed to supply documents as ordered.


· On 29 June 2010 the Defendant submitted a request via first class mail pursuant to S77-79 of the Consumer Credit Act 1974 to the Claimant’s Solicitor, for copies of any Consumer Credit Agreement purported to the Defendant.
· The Claimant’s Solicitor wrote to the Defendant on 5 July 2010 stating that the Claimant is willing to provide a copy of the Credit Agreement when a copy is provided by the Assignor. The Claimant frustrated the Defendant by failing to meet the S 77-79 request.
· On the 3rd September 2010 the Claimants solicitor provided the Defendant with a illegible Credit Card agreement that does not include all the prescribed terms or Terms and conditions and is not signed with the Defendants signature. Further more the agreement is dated 14th October 2002 one month before any written communication between Egg and the defendant took place.9 ( append 1 attached )
· On 14 July 2010 the Defendant submitted a request under CPR 31.14 via special deliver for copies of Agreements and all statements since inception of accounts in order to assess if the sum claimed is accurate. Additionally a request was made for copies of any other documents that the Claimant is relying upon in pursuit of this claim. The time limit in respect of these requests has expired

· The Claimant has failed to provide a copy or deed of assignment which is required to comply with s196 of the Law of property act 1925, any notice required or authorised by this act to be served shall also be sufficiently served.
· A representation of notice of assignment has been produced which is undated and the defendants address is missing. No strict proof of the mailing has been provided.
· The Claimant has failed to provide strict proof of the mailing, and provide a default notice. To be valid a default notice needs to be accurate in terms of both the scope and nature of the breach and include an accurate statement of figures required to remedy any breach. The prescribed format for such a document is set out in Consumer Credit (enforcement, default & termination notices) Regulation 1983 (S1 1983/1561) and in the Consumer Credit (enforcement, default & termination notices) Amendment Regulations (SI 2004/3237)



Statement of truth

I the Defendant believe the above statement to be factual and true

Signed




thanks Amethyst

[Amethyst]

Re: Why does a claimant say that no DN IS REQUIRED

Is the agreement they have now sent legible, and everything else in order barring the DN ?

From their new POC they have stated they are only collecting arrears

7.5 for the foregoing reasons the claimant is entitled to the sum of ( whole sum of debt quoted )

being arrears and interest due in relation to the defendants account,

which, if true, would mean no DN required. That would be the full debt if it has passed the date it should have been paid up and wasn't, ie so they arent asking for any sums not yet due. Its a credit card a.c though isnt it, I could understand that occuring with a loan account but a credit card a/c is harder. If you stopped making payments, then they would have contractually terminated your use of the account and zero'd the limit and called in the entire balance, its a bit up in the air if they can legally do that under the CCA though without following the default notice path. Usually they do the termination of benefits of use of the token, send a DN asking for the arrears, if arrears arent paid up they terminate entire agreement and call in balance.

The original account, whats the status with that ? How did you get to this stage (just briefly from first missed payment.comms with Egg)


(in your defence I dont understand the point about date of agreement and first written communication - can you explain that a bit pls)

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

I have not had any communication with egg since sometime in 2007, I got into difficulty in about May 2007. have never recieved any termination of account letter from them nor did i enter into any arrangement with them or any other company, to pay of the balance.

Cabot sent me a communication ( did not know who they were at the time ) followed shortly by court docs in JUly when I started to challenge them on the vadility of their rights with collection of the debt etc.

Thanks Amethyst.

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

if they are only collecting the arrears. why are they quoting in the correspondance ( POC ) the whole amount- i have copies of statements from EGG so can work out roughly the arrears- i have never had a statement of Cabot re charges on the account they have added.. Pompey faith has mentioned in his post that if they are only collecting arrears that no DN from Cabot is required, as they are not mentoning DN then does that mean only they are only after the arrears then.............very confused herr

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

Is there anybody there that can advise me on this please need a defence by 8th December

[Amethyst]

Re: Why does a claimant say that no DN IS REQUIRED

What do your arrears work out about ? Are you in a position to pay up the arrears and continue with the contract ? Has the account been terminated (ie did you return card/have credit limite removed etc)

I think your defence needs to be that they havent complied with Judges orders, they havent detailed why no default notice is required, and you need to explain why it is required (claiming full amount etc and should only be claiming arrears - and possibly either as court to strike their claim out as its faulty, or (depends what you want to do) make an offer to pay on the arrears and to continue contractual payments thereafter) DNs arent my area though really Pops, there are some others on here who understand the intracacies more.

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

Thanks Ame- I guess the account has been terminated as the statements I have recieved are at zero ( its three years plus ) - Is there any mileage in the NOA not sent to me -using LOP ? in POC they are quoting full balance not arrears is this something Cabot and others knowingly do if there has been no default notice issued ?- sorry for all the questions but i am a duck out of water and it appears they use the law to get extract monies from vunerable people- Thanks

[paulb2905]

Re: Why does a claimant say that no DN IS REQUIRED

Example of NOA format, not the crappy letters they send out as "NOA"

Will look for the thread this was on (it was recent past few days) and apparently it should have been sent registered post not "ordinary" post

Thread is here Help needed with LCS and 1st credit Claim - possible fraudulent documents - Legal Beagles Consumer Forum

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

no was know way as good as that- just said

We hereby give notice your debt has been transfered ( £xxx account number 11111111101 0
on the 1st Novemeber 2009 the account was sold to Cabot

Any further communication please send to BLAH BLAH BLAH

IT WAS NOT EVEN DATED-0n supposedly Egg headed paper

[paulb2905]

Re: Why does a claimant say that no DN IS REQUIRED

Lol, yeah i was sent a NOA by DCA from MBNA dated 15th Sept 2010 despite the account having being sold to the DCA in March 2010....................... and it was just a letter saying your debt is now owned by..............

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

heres another issue if anyone has a minute to answer for me----On statements i have, there is charges for PPI I never knew i had, should this be in the T and C / or CCA ?? -THANKS

[POPSICLES]

Re: Why does a claimant say that no DN IS REQUIRED

Well a few months have passed i Filed my defence and now have been sent an allocation questionnaire, anyone got any ideas what to do with this in particular with proposed directions ?

Any help gratefully received Pops