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Re: Help With A Capquest Claim, Please
Thanks, everybody! I've had a go at drafting something. Please feel free to offer any suggestions (big or small). Also, I don't know if I've made any mistakes.
Defence
Ref No
CapQuest Investments Limited
V
Me
1. I, XXX of XXX am the defendant in this action and make the following statement as my defence to the claim made by CapQuest Investments Limited.
2. Except where explicitly stated below the defendant neither admits nor denies any of the assertions or claims made by the claimant.
3. The defendant is embarrassed in pleading to the Particulars of Claim as it stands at present.
4. The claimant's Particulars of Claim disclose inadequate legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.
5. In this regard I wish to draw the courts attention to the following matters;
a. The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action.
No particulars are offered in relation to the nature of the written agreement referred to; the method the claimant calculated any outstanding sums due; or any other matters necessary to substantiate the claimant's claim.
b. A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought has not been presented to the defendant upon S78 request.
c. A copy of any evidence of both the scope and nature of any default, or any default notice, or proof of any amount outstanding on the alleged account, has not been fully itemised or served upon CPR 31.14 request.
d. A copy of any termination notice served under Consumer Credit Act on the alleged account, has not been filed and served.
e. The claimant has failed to disclose whether the alleged agreement is regulated by the consumer credit act 1974
f. The account number mentioned in the particulars of claim refers to a credit card agreement which was regulated by the consumer credit act 1974
g. The claimant claims interest pursuant to s69 County Courts Act and should know that such interest may not be claimed on an agreement regulated by the Consumer Credit Act
h. The letter of claim sent to the defendant under the Practice Direction-Pre Action Conduct does not list the documentary evidence that the claimant claims to be able to provide to substantiate the claim. It offers inadequate legal cause for action.
6. It is averred that the claimant's claim is vexatious and is an abuse of the court process.
7. A S78 request and CPR31.14 request for a legible copy of the contract and other documents mentioned in the Particulars of Claim was sent to the claimant by registered (to be signed for) post on 7th October 2013.
8. It is averred that the claimants conduct suggests that they do not have an original executed agreement to produce to the court in support of its claim.
9. A letter sent by the claimant on 28th October 2013, in response to the S78 and CPR 31.14 requests sent by the defendant on 7th October and, therefore, in default of the legal time frames for compliance, states that efforts to obtain a copy of the agreement and the default notice are still ongoing.
10. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof to produce; a clear legible copy of the original agreement, to include any documents referred within it containing all the prescribed terms and compliant in every detail with requirements of the Consumer Credit Act 1974 for an enforceable Consumer Credit agreement; a fully compliant default notice; a fully compliant termination notice.
11. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim or should they be able to fully comply with my S78 and CPR 31.14 requests.
12. I respectfully request that the court consider striking out the claim under CPR 3.4.2(a) and (b) because it is not fully particularised and does not offer any legal cause of action.
13. In the alternative, I respectfully request that the court consider striking out the claim under CPR 3.4.2(c) because the claimant is unable to substantiate their claim with the necessary documentary evidence.
14. If the court decides not to strike out the claimant's claim, I respectfully seek direction from the court that the proceedings be generally stayed for a period of 28 days to allow the claimant to further particularise its claim and clarify the terms under which it claims against the defendant in such details as required by CPR part 16.
15. Such direction to further require that the relevant documents previously requested by the defendant in her S78 and CPR 31.14 requests dated 7th October 2013 are disclosed prior to the defendant being expected to submit a defence.
16. If the claimant fails to comply with the court's directions, then the claim be struck out without further notice.
Statement of truth
I, the Defendant, believe the above statement to be factual and true
Signed
Date
Thanks, everybody! I've had a go at drafting something. Please feel free to offer any suggestions (big or small). Also, I don't know if I've made any mistakes.
Defence
Ref No
CapQuest Investments Limited
V
Me
1. I, XXX of XXX am the defendant in this action and make the following statement as my defence to the claim made by CapQuest Investments Limited.
2. Except where explicitly stated below the defendant neither admits nor denies any of the assertions or claims made by the claimant.
3. The defendant is embarrassed in pleading to the Particulars of Claim as it stands at present.
4. The claimant's Particulars of Claim disclose inadequate legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.
5. In this regard I wish to draw the courts attention to the following matters;
a. The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action.
No particulars are offered in relation to the nature of the written agreement referred to; the method the claimant calculated any outstanding sums due; or any other matters necessary to substantiate the claimant's claim.
b. A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought has not been presented to the defendant upon S78 request.
c. A copy of any evidence of both the scope and nature of any default, or any default notice, or proof of any amount outstanding on the alleged account, has not been fully itemised or served upon CPR 31.14 request.
d. A copy of any termination notice served under Consumer Credit Act on the alleged account, has not been filed and served.
e. The claimant has failed to disclose whether the alleged agreement is regulated by the consumer credit act 1974
f. The account number mentioned in the particulars of claim refers to a credit card agreement which was regulated by the consumer credit act 1974
g. The claimant claims interest pursuant to s69 County Courts Act and should know that such interest may not be claimed on an agreement regulated by the Consumer Credit Act
h. The letter of claim sent to the defendant under the Practice Direction-Pre Action Conduct does not list the documentary evidence that the claimant claims to be able to provide to substantiate the claim. It offers inadequate legal cause for action.
6. It is averred that the claimant's claim is vexatious and is an abuse of the court process.
7. A S78 request and CPR31.14 request for a legible copy of the contract and other documents mentioned in the Particulars of Claim was sent to the claimant by registered (to be signed for) post on 7th October 2013.
8. It is averred that the claimants conduct suggests that they do not have an original executed agreement to produce to the court in support of its claim.
9. A letter sent by the claimant on 28th October 2013, in response to the S78 and CPR 31.14 requests sent by the defendant on 7th October and, therefore, in default of the legal time frames for compliance, states that efforts to obtain a copy of the agreement and the default notice are still ongoing.
10. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof to produce; a clear legible copy of the original agreement, to include any documents referred within it containing all the prescribed terms and compliant in every detail with requirements of the Consumer Credit Act 1974 for an enforceable Consumer Credit agreement; a fully compliant default notice; a fully compliant termination notice.
11. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim or should they be able to fully comply with my S78 and CPR 31.14 requests.
12. I respectfully request that the court consider striking out the claim under CPR 3.4.2(a) and (b) because it is not fully particularised and does not offer any legal cause of action.
13. In the alternative, I respectfully request that the court consider striking out the claim under CPR 3.4.2(c) because the claimant is unable to substantiate their claim with the necessary documentary evidence.
14. If the court decides not to strike out the claimant's claim, I respectfully seek direction from the court that the proceedings be generally stayed for a period of 28 days to allow the claimant to further particularise its claim and clarify the terms under which it claims against the defendant in such details as required by CPR part 16.
15. Such direction to further require that the relevant documents previously requested by the defendant in her S78 and CPR 31.14 requests dated 7th October 2013 are disclosed prior to the defendant being expected to submit a defence.
16. If the claimant fails to comply with the court's directions, then the claim be struck out without further notice.
Statement of truth
I, the Defendant, believe the above statement to be factual and true
Signed
Date
SBd is an absolute defence which would override anything else you could argue, but you would have to make a positive assertion based on your own recollection and paperwork, 
and the claimant would have to prove you wrong. If they were able to do so using their own records, 
you'd lose. :sad: 
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