Cabot Financial and Halifax Claim Received

[Amethyst]

Re: Cabot Financial and Halifax Claim Received

You can use this http://www.legalbeagles.info/forums/...t-Court-Claims as a starting point. Happy to help once you've got a basic draft in place.

The site is funded from the VIP subscriptions so feel free to join up (see the side bar for info)

[BH1]

Re: Cabot Financial and Halifax Claim Received

Hi the sample defence form is for credit cards of less the £10,000 as this is over that do you have a different form?

[Amethyst]

Re: Cabot Financial and Halifax Claim Received

It's the same basis so it is fine for your case. My notice is just to make sure people in fast-track don't fire it off to court as is without posting and checking first - good to know it works xx

Ahh, and WELCOME TO VIP - your support is very much appreciated.

[BH1]

Re: Cabot Financial and Halifax Claim Received

So here's the defence form with more detail (name and claim number to be added later). I think that its OK but unsure of point 8 and 9 if they should be 77 or 78?

Can I submit this through Moneyclaim on line? with a backup copy in the post?

Cabot Financial (UK) Limited
CLAIMANT
And

nnnnnnnnnn
DEFENDANT


DEFENCE


1: I received the claim [Claim Number] from the Northampton County Court on 12/12/14

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Halifax to Cabot Financial (UK) Limited on Jul 18 2014. The Defendant does not recall receiving notice of this assignment.

6: On the 24/11/14 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Agreement .

7. Restons has not sent any of these documents to me.

8. On the 23/12/14 I sent a formal request for a copy of the original agreement to Cabot Financial UK Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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 .................................................. ....

[Amethyst]

Re: Cabot Financial and Halifax Claim Received

section 77 or 78 depends on whether it is a loan or a credit card - if you are still unsure then put both. or a more general s.77-79 .... I'll go through the rest

[Amethyst]

Re: Cabot Financial and Halifax Claim Received

Okay have switched it about a little, can you check para 5 and word it as they worded it in their letter.
-------------------------------------------------------------------------------------------------------------------------------------------------


1: I received the claim [Claim Number] from the Northampton County Court on 12th December 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 a Credit Card agreement regulated under the Consumer Credit Act 1974. I am unable to either admit or deny this but require the claimant to prove that I entered into an agreement with Halifax for the provision of credit and that they have the rights to claim any debt owed to Halifax themselves.

4: On the 24th November 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Reston's Solicitors, who are acting for the Claimant in this case. I requested the Claimant provide copies of the Agreement / Contract as detailed in their Particulars of Claim, but have not yet received a copy of this.

5. On the 24th November 2014 I sent a I sent a formal request for a copy of the original agreement pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee to Reston's Solicitors. They responded that they were not the creditor and would not comply with my request.

6. Therefore on the 23rd December 2014 I sent a formal request for a copy of the original agreement direct to Cabot Financial UK Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

7. The Claimant has failed to send any copy of any agreement between myself and Halifax and has failed to comply with my request pursuant to the Consumer Credit Act 1974 and therefore cannot enforce the agreement.

8. The Claimant has not provided any copies of any notice of assignment or default notice in relation to this alleged debt. They have also not provided any detail of how the sum claimed has been calculated.

9. 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. To date the Claimant has not provided any evidence that any debt is owed or ever has been owed to either Halifax or the Claimant.

10. 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.

11. 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.

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

[BH1]

Re: Cabot Financial and Halifax Claim Received

Amethyst,

Restons reponse I will send to you in a PM as it has my details on it.

[Amethyst]

Re: Cabot Financial and Halifax Claim Received

okeydokey xx if you've scanned it in you'll have to email it to me - admin@legalbeagles.info xx

[BH1]

Re: Cabot Financial and Halifax Claim Received

Defence submitted I will post when I get a response. Thanks.