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Does this Defence Make Sense?
Hi Everyone, I am about to file this defence and just wanted a "second eye" to make sure everything was in order. Thanks for your replies in advance
IN THE COUNTY COURT BUSINESS CENTRE
CLAIM No: xxxxxx
BETWEEN:
Cabot Financial (UK) Limited
CLAIMANT
-and-
Name of the family: Surname
DEFENDANT
__________________________________________________ ____________________________
Defence
__________________________________________________ ____________________________
1. I am the Defendant in this case.
2. I received the claim XXXXXX from the County Court Business Center on 15 December 2014.
3. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
4. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial (UK) Limited on July 18 2014. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Lloyds Bank 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 23rd December 2014 I wrote to the Claimant requesting Verification of the alleged debt and of their alleged assignment.
9. On 30th December 2014 I wrote to the Claimant restating my case to see the requested documents for Verification of the alleged debt and alleged assignment.
10. On 30 December 2014 the Claimant responded to the Defendant's letter stating that they have contacted Lloyds Bank in order to obtain a copy of the original signed credit agreement which will be forwarded to me upon receipt.
11. On the 03rd January 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Contract between myself and Lloyds Bank – Credit Card agreement.
12. Neither the Claimant, nor Restons Solicitors have sent any of these documents to me.
13. On the 03rd January 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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: Name of the family: Surname
Dated: January 14, 2015
IN THE COUNTY COURT BUSINESS CENTRE
CLAIM No: xxxxxx
BETWEEN:
Cabot Financial (UK) Limited
CLAIMANT
-and-
Name of the family: Surname
DEFENDANT
__________________________________________________ ____________________________
Defence
__________________________________________________ ____________________________
1. I am the Defendant in this case.
2. I received the claim XXXXXX from the County Court Business Center on 15 December 2014.
3. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
4. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial (UK) Limited on July 18 2014. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Lloyds Bank 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 23rd December 2014 I wrote to the Claimant requesting Verification of the alleged debt and of their alleged assignment.
9. On 30th December 2014 I wrote to the Claimant restating my case to see the requested documents for Verification of the alleged debt and alleged assignment.
10. On 30 December 2014 the Claimant responded to the Defendant's letter stating that they have contacted Lloyds Bank in order to obtain a copy of the original signed credit agreement which will be forwarded to me upon receipt.
11. On the 03rd January 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Contract between myself and Lloyds Bank – Credit Card agreement.
12. Neither the Claimant, nor Restons Solicitors have sent any of these documents to me.
13. On the 03rd January 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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: Name of the family: Surname
Dated: January 14, 2015
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