Court Claim - cabot financial uk limited / capital one - 14-1-2015

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

thank you so much for all help so far, I wouldnt know where to start without you.
I have sent my CCA and CPR and need to fill my defense by 16th Feb ( as per Kati's calculation)
I have a question, [MENTION=55034]nemesis45[/MENTION], [MENTION=49370]Kati[/MENTION], [MENTION=58830]Nuff55[/MENTION], what should I write in my defense, its unlikely that cabot and mortimer will come back to me before the 16th as I only sent it yesterday, so what do I base my defense on? is my personal situation any important here too, or should I not mention it at all?
any ideas will be much appreciated

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

if my deadline is 16th Feb, is it till midnight that day? or business hours?

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Anyone knows, is it till midnight today? To fill the defence online?

[Kati]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Have you got your defence ready to go in??

I'm not sure if it's a midnight deadline, but maybe [MENTION=55034]nemesis45[/MENTION] or [MENTION=5354]mystery1[/MENTION] will be able to answer

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Have you got your defence ready to go in??

I'm not sure if it's a midnight deadline, but maybe @nemesis45 or @mystery1 will be able to answer

[MENTION=49370]Kati[/MENTION]
I am struggling a bit with my defence as I haven't heard back from solicitors about CPA and CCA, I am just looking at the templates here and trying to use it. I am panicking now big time. I hope it is till midnight

[Kati]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

@Kati
I am struggling a bit with my defence as I haven't heard back from solicitors about CPA and CCA, I am just looking at the templates here and trying to use it. I am panicking now big time. I hope it is till midnight

Please try not to panic ... I wish there was more I could do myself, but I'm not very clued up on court cases (yet)

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Please try not to panic ... I wish there was more I could do myself, but I'm not very clued up on court cases (yet)

thank you, I am trying but its just too much. I am really hoping it is till midnight as its an online thing.

[Kati]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Try adapting this one:

DRAFT for you to start from...


-----------------------------------------------------------------------------------------------

1: I received the claim XXXXXX from the Northampton County Court on [Date you received the claim]

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

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. I do not know what type of account this is, whether it is a credit card, loan or current account. I have had a number of different products in the past with Lloyds Bank however am unaware of any debt outstanding. I do not recognise the account number given and have contacted the original creditor, Lloyds Bank, and they have stated they do not have a record of the account, and that I do not hold any account with them.

4. I have not received a default notice pursuant to s87 Consumer Credit Act 1974 and put the claimants to strict proof that one has been served as alleged.

5. I have not, to the best of my knowledge, received any notice of assignment and put the claimants to strict proof that notice has been given to me as alleged.

6. The particulars of claim fail to state when the agreement was entered into.

7. To try and find out more information regarding this claim, on the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

8. [Claimant's Solicitor] has not sent any of these documents to me.

9. On the [DATE] I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s 77-79 Consumer Credit Act 1974 and therefore 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.

16. 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 .................................................. ....

then post it back up on here ...
I'll get some of the other Beagles to have a look at your thread too!

K xx

[nemesis45]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Yes midnight.

Please post up here what you have so far for your defence then everyone can assist you.

nem

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

: I received the claim XXXXXX from the Northampton County Court on 14/01/2015 (date on the claim, received in post 23/01)

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

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. I do not know what type of account this is, whether it is a credit card, loan or current account. I have had a number of different products in the past with Lloyds Bank however am unaware of any debt outstanding. I do not recognise the account number given and have contacted the original creditor, Lloyds Bank, and they have stated they do not have a record of the account, and that I do not hold any account with them.

4. I have not received a default notice pursuant to s87 Consumer Credit Act 1974 and put the claimants to strict proof that one has been served as alleged.

5. I have not, to the best of my knowledge, received any notice of assignment and put the claimants to strict proof that notice has been given to me as alleged.

6. The particulars of claim fail to state when the agreement was entered into.

7. To try and find out more information regarding this claim, on the 11/02/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer/Clarke solicitors I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

8. Mortimer Clarke has not sent any of these documents to me.

9. On the 10/02/2015 I sent a formal request for a copy of the original agreement to Cabot pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s 77-79 Consumer Credit Act 1974 and therefore 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.

16. 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 …………………………………………

[mystery1]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Phone up Mortimer Clarke right away (before they shut) and see if they'll agree an extension under cpr 15.5 as they've failed to supply.

M1

[nemesis45]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Confused am I Capital One in thread title? Lloyds bank in para 3.

Lose the Bold type in para's 1.7-8.

para 7 edit out " trying to find out more information" and just use the rest. I.e on xxxx I sent etc.

Otherwise good to go.

[Kati]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Confused am I Capital One in thread title? Lloyds bank in para 3.

my fault Nem ... it's adapted from Ame's post that i quoted in post #38

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Confused am I Capital One in thread title? Lloyds bank in para 3.

Lose the Bold type in para's 1.7-8.

para 7 edit out " trying to find out more information" and just use the rest. I.e on xxxx I sent etc.

Otherwise good to go.

thank you, sorry for the silly question, do I just paste it online on the court system? or do I print it out and send anywhere

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

my fault Nem ... it's adapted from Ame's post that i quoted in post #38

so should I replace Lloyds with capital one in para 3?