Cabot Financial vs Glassman 11/05/2015

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Update

Not had any documents from anyone now and I need to file my defence this week, so I guess I am filing the "non document" defence.

I found one on here but can't seem to find it now

Is this the best course?

[Amethyst]

Re: Cabot Financial vs Glassman 11/05/2015

http://www.legalbeagles.info/forums/...t-Court-Claims

xx

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks Amethyst ( I have just seen the thanks button )

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Because the particulars say "debts" and then "agreements" but then only go on to only mention the one card should I pluralize everything?
Or would it be best to state somewhere that I am unsure to if they are referring to more than one debt?

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

Because the particulars say "debts" and then "agreements" but then only go on to only mention the one card should I pluralize everything?
Or would it be best to state somewhere that I am unsure to if they are referring to more than one debt?

Do you want to post up your defence here before you submit it? :typing:

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Because the particulars say "debts" and then "agreements" but then only go on to only mention the one card should I pluralize everything?
Or would it be best to state somewhere that I am unsure to if they are referring to more than one debt?

You can certainly say that the particulars given are too vague for you to be able to identify the alleged debt.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

I will sort out my defence tomorrow and post it up here, I have until Monday I think but was going to do Friday to be safe.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Because the particulars say "debts" and then "agreements" but then only go on to only mention the one card should I pluralize everything?
Or would it be best to state somewhere that I am unsure to if they are referring to more than one debt?

The agreement number is mentioned in the POC that's the one you request. I expect the person drafting the claim has a template guide with " plurals" that should be edited.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Defence check please.

Hi I was going with the below.

1: I received the claim B1***** from the Northampton County Court on 13th May 2015.


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 or agreements regulated under the Consumer Credit Act 1974.


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


6. The Claimants statement of case states that the account was assigned from Bank of Scotland Aqua Card to Cabot Financial UK Limited. The Defendant does not recall receiving notice of this assignment. The particulars of claim fail to state the date of assignment.


7. It is denied that Bank of Scotland Aqua Card 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 21st May 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 Agreements and Notice of Assignment.


9. Wright Hassall LLP has not sent any of these documents to me.


10. On the 21st May 2015 I sent a formal request for a copy of the original agreement to Cabot Financial UK Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


12: The Parties agreed to a 28 day extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


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 .................................................. ....


How does that look?

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

If no one can see anything wrong with the above? I shall go with that.

Thanks

Glassman

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Update

Received a letter from Wright Hassall that states they don't have any documents but will endeavour to provide them in due course.

Received a Notice of Proposed Allocation to the Small Claims Track with Directions questionnaire from the court, this says that this needs to be filed with the court by the 24th August and copies served to the other parties. I am on holiday next week so need to get this done by Thursday.

Question
1, Should I agree to the mediation part?

2, I send the original form back to the court and photocopy a copy to send to Wright Hassall registered post?

Thanks in advance

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

Yes to both! :thumb: :thumb:

As they are progressing with the claim, the court will give directions to provide you with the documents at least 14 days before the hearing, so they may well fall down at that stage. ray: ray: ray:

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Update

I Have received a letter from Cabot with what seems like an application form with my signature ( a blank box where the banks should be), and some cca terms. Cabot say they believe the agreement is enforceable but they would prefer to work out a payment plan.

I would very much appreciate it if one of you experienced people that have helped in this thread would take a look and give me some advice?

I have them scanned and would prefer to send them to you direct if that is ok with you (I can't work out how to hide my details)

Thanks again

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Kati has kindly offered to redact and post the documents for me

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Update

I Have received a letter from Cabot with what seems like an application form with my signature ( a blank box where the banks should be), and some cca terms. Cabot say they believe the agreement is enforceable but they would prefer to work out a payment plan.

I would very much appreciate it if one of you experienced people that have helped in this thread would take a look and give me some advice?

I have them scanned and would prefer to send them to you direct if that is ok with you (I can't work out how to hide my details)

Thanks again

Hello Glassmen,

Seen your PM.
Will look in when the documents are available.

nem