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Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova
Are you submitting via moneyclaimonline ?
So just a quick draft for you - we'll need to go through and check it is all factual, so take this a starting point.
1: I am the Defendant in this case
2: The claim is for an agreement regulated under the Consumer Credit Act 1974.
3: It is denied the Claimant is entitled to the relief claimed, or at all.
4: The Particulars of Claim state the Claim is for sums owing under an agreement between myself and Hitachi Nova dated 25th July 2006.
5: The Claimants states they were assigned the debt by Hitachi Nova on 28th September 2010. I have not received any notice of this assignment.
6: I have not had any contact with Hitachi Nova, nor have I made any payments to Hitachi Nova, since around July 2008.
7: It is my contention that the debt is time barred by virtue of s.5 of the Limitations Act 1980.
8: Should the Claimant contend this is not the case, I put them to strict proof as to the date, amount and method by which any payment was made.
9. I have sent a formal request for a copy of the alleged credit agreement between myself and Hitachi Nova. The request has been made under s.77-s.79 of the Consumer Credit Act 1974.
10. The Claimant has not responded to this request and has not sent a copy of the agreement to me.
11: I believe the original credit was to purchase a Sofa from DFS, however without further information, or sight of the original agreement I cannot be certain of this or the terms on which any credit was agreed. I recall the Sofa was purchased on an interest free basis and cost around £xxx.
12. I do not recognise the amount claimed and do not know how the amount claimed has been reached.
13. I do not recall receiving any default notice and have asked the Claimant for a copy of any default notice served under s.87/s.88 of the Consumer Credit Act 1974.
14. As I have not had any documents from the Claimant to assist me in responding to their claim I telephoned the Claimant's solicitors on 7th November 2014 to request their agreement to extend the date by which to file my defence by 28 days under CPR 15.5. The Claimant's refused this reasonable request.
15: Therefore should the Claimant provide documentation evidencing their claim and provide a true copy of the original agreement under s.77-s.79 of the Consumer Credit Act 1974, and provide evidence of acknowledgement of any debt within the past six years I ask the court allows me to amend my claim and that the Claimant pay the costs of the application.
Statement of Truth
I believe the facts in this Defence are True
Signed
Dated
Are you submitting via moneyclaimonline ?
So just a quick draft for you - we'll need to go through and check it is all factual, so take this a starting point.
1: I am the Defendant in this case
2: The claim is for an agreement regulated under the Consumer Credit Act 1974.
3: It is denied the Claimant is entitled to the relief claimed, or at all.
4: The Particulars of Claim state the Claim is for sums owing under an agreement between myself and Hitachi Nova dated 25th July 2006.
5: The Claimants states they were assigned the debt by Hitachi Nova on 28th September 2010. I have not received any notice of this assignment.
6: I have not had any contact with Hitachi Nova, nor have I made any payments to Hitachi Nova, since around July 2008.
7: It is my contention that the debt is time barred by virtue of s.5 of the Limitations Act 1980.
8: Should the Claimant contend this is not the case, I put them to strict proof as to the date, amount and method by which any payment was made.
9. I have sent a formal request for a copy of the alleged credit agreement between myself and Hitachi Nova. The request has been made under s.77-s.79 of the Consumer Credit Act 1974.
10. The Claimant has not responded to this request and has not sent a copy of the agreement to me.
11: I believe the original credit was to purchase a Sofa from DFS, however without further information, or sight of the original agreement I cannot be certain of this or the terms on which any credit was agreed. I recall the Sofa was purchased on an interest free basis and cost around £xxx.
12. I do not recognise the amount claimed and do not know how the amount claimed has been reached.
13. I do not recall receiving any default notice and have asked the Claimant for a copy of any default notice served under s.87/s.88 of the Consumer Credit Act 1974.
14. As I have not had any documents from the Claimant to assist me in responding to their claim I telephoned the Claimant's solicitors on 7th November 2014 to request their agreement to extend the date by which to file my defence by 28 days under CPR 15.5. The Claimant's refused this reasonable request.
15: Therefore should the Claimant provide documentation evidencing their claim and provide a true copy of the original agreement under s.77-s.79 of the Consumer Credit Act 1974, and provide evidence of acknowledgement of any debt within the past six years I ask the court allows me to amend my claim and that the Claimant pay the costs of the application.
Statement of Truth
I believe the facts in this Defence are True
Signed
Dated
Comment