Cabot v Wiregirl81

[Kafka]

Re: Cabot v Wiregirl81

That's good. A couple of points while you're waiting on Amethyst

1) Refer to the date of issue rather than the date you received it
12) If this is a credit card its CCA s78. 77 is for fixed-sum agreements like loans

[Amethyst]

Re: Cabot v Wiregirl81

1.I received the claim XXXXXXX from the Northampton County Court on 19^th November 2014.

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 an agreement regulated under the Consumer Credit Act 1974 between Vanquis and myself.

4. I do not recognise Vanquis as a company who I have entered into any agreement with. I understand Vanquis issue Credit Cards.

5. The particulars of claim fail to state when the agreement was entered into nor give any further information about the alleged agreement to enable me to properly assess any liability to the Claimant.

6.The Claimants statement of case states that Cabot Financial UK Limited is an Assignee of the debt and notice of the assignment has been given to the Defendant in writing. No date is given in the statement of case for when the Notice of Assignment is alleged to have been sent. I do not recall receiving notice of this assignment.

7.It is denied that Vanquis 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.

8.On the 27^th November 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wright Hassall LLP. I requested the Claimant provide copies of the Agreement, Notice of Assignment and formal demand for payment.

9.On the 4^th December 2015 I sent a second request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wright Hassall LLP. I again requested the Claimant provide copies of the Agreement, Notice of Assignment and formal demand for payment.

10.Wright Hassall LLP has failed to send me any of these documents.

11.On the 24^th November 2014 I sent a formal request for a copy of the original agreement to Cabot Financial UK Limited pursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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.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.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

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

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


Statement of Truth

[Amethyst]

Re: Cabot v Wiregirl81

I'm happy with the first date being when it was received. Have amended to s.78(1) and s.78(6)


The POC only say

The claimants claim is for debt arising from Consumer Credit Act 1974 Agreement(s). The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Vanquis. Account no. xxxxxxxxxxxx #xxxxx. Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of #xxxxxx interest under s.69 County Courts Act 1984 and costs.

[wiregirl81]

Re: Cabot v Wiregirl81

Thank you both - that is really helpful. I will make the amendments and email it over asap. The 33 days from the claim date is the 17th, so I will be sending it in a couple of days early.

[wiregirl81]

Re: Cabot v Wiregirl81

Just another quick question - if I am emailing it to the court (I can't login to the Moneyclaim website), how am I best signing it? Can I just type in my name, or will I have to print, sign and scan it? Thank.

[wiregirl81]

Re: Cabot v Wiregirl81

Just a quick update - I have sent my defence by recorded delivery to arrive today.

One thing I am a bit worried about though - I have read a bit more on this forum and noticed that a fair few people asked for extensions of time when they received nothing in response to their CCA and CPR requests. I haven't done that - I've just submitted the above defence after the standard period. Have I done the right thing?

[spirit2534]

Re: Cabot v Wiregirl81

I have had recent dealings with Wright Hassell in a similar vein.

On the date for applying for judgement they hadn't checked for AOS, I pointed out that they should have been more prudent before sending out a threaten letter.

With regards to the CPR request they are stating since the Application to CitiFinancial was not specifically mentioned I shouldn't ask for it. I pointed out that since it was for CCA debt there must be an agreement.

See what they come up with next.

[Kafka]

Re: Cabot v Wiregirl81

Just a quick update - I have sent my defence by recorded delivery to arrive today.

One thing I am a bit worried about though - I have read a bit more on this forum and noticed that a fair few people asked for extensions of time when they received nothing in response to their CCA and CPR requests. I haven't done that - I've just submitted the above defence after the standard period. Have I done the right thing?

It doesn't matter that much and often they won't agree to an extension anyway.
You have followed the procedures and they have failed to comply, so the court is now aware of the situation and will take the appropriate action.

[wiregirl81]

Re: Cabot v Wiregirl81

Hi, I filed my defence before Christmas and have today received a letter from the court in the form of a 'Notice of Proposed Allocation to the Small Claims Track' with a questionnaire.

Quite a few questions on it, including:

Do you agree to this case being referred to the Small Claims Mediation Service?

Do you agree that the small claims track is the appropriate track for this case?

At which County Court hearing centre would you prefer the small claims hearing to take place and why?

Are you asking for the court's permission to use written evidence of an expert?

How many witnesses including yourself will give evidence on your behalf at the hearing?

I haven't received a reply to my CCA request, which I sent at the beginning of December, or my two CPR requests. Does this new letter mean Cabot / Wright Hassall have decided to proceed with the claim? Mediation sounds a nice way to go, but only if the mediation results in me not paying anything and the claim being thrown out!

Has anybody got any advice for me?

Thank you

[Amethyst]

Re: Cabot v Wiregirl81

Yes you agree to mediation.

Yes to small claims track.

Which Court ? The County Court or Hearing Centre nearest to you https://courttribunalfinder.service....&spoe=continue

No expert evidence

Witnesses - 1 (just you)


Yes getting the directions questionnaire means they have decided to continue with the claim. MEdiation will basically mean you get a phonecall from the mediator and you tell them you can't mediate anythign without having any paperwork evidencing what their claim is and the CCA, and that will pretty much be it. Or if they have come up with the documents by then you can use mediation to negotiate a settlement.


You should also write a couple letters chasing up docs from your CCA request and CPR 31.14 request.

[wiregirl81]

Re: Cabot v Wiregirl81

OK, thanks Amethyst, that is what a will do.