Court claim by Cabot financial

[nemesis45]

Re: Court claim by Cabot financial

Thank you nem I'll get on it asap ��
jeff

Come back when ready Jeff.


nem

[Jeff-B]

Re: Court claim by Cabot financial

Had a look through the threads and got a few ideas could you check this please to see if anything is wrong

Jeff

Defence:

1: I received the claim XXXXXXXXX, dated 8^th June 2015 from the Northampton County Court Business Centre, on 11^th June 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 regulated under the Consumer Credit Act 1974.

4: On 15^th June 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.

5. Mortimer Clarke, in their letter dated 23^th June 2015, declined to send any of these documents to me.

6. On 15^th june 2015, I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974.

7. 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.

8: The Parties agreed to an 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.

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.

10. The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation, failing which the claim should be 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[nemesis45]

Re: Court claim by Cabot financial

Had a look through the threads and got a few ideas could you check this please to see if anything is wrong

Jeff

Defence:

1: I received the claim XXXXXXXXX, dated 8^th June 2015 from the Northampton County Court Business Centre, on 11^th June 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 regulated under the Consumer Credit Act 1974.

4: On 15^th June 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.

5. Mortimer Clarke, in their letter dated 23^th June 2015, declined to send any of these documents to me.

6. On 15^th june 2015, I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974.

7. 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.

8: The Parties agreed to an 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.

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.

10. The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation, failing which the claim should be 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Good morning Jeff, good so far!

You haven't mentioned what the claim is about, e.g. from what the alleged debt arises e.g.

The claim appears to relate to a Capital One Credit Card.

What we need is a copy or verbatim copy of the Particulars of Claim, then we can build the defence fully.
Are you going to claim the alleged debt is statute barred?

nem

[Jeff-B]

Re: Court claim by Cabot financial

Are the particulars of the claim what is wrote on the front of the court form? And yes I can't find any reccord of the debt in any reports and think I havnt made any payments for 6 years
Should I change 3: to

3: This claim appears to be for a Credit Card agreement with capital one taken out on or around the 18th August 2007, regulated under the Consumer Credit Act 1974.

jeff

[nemesis45]

Re: Court claim by Cabot financial

Are the particulars of the claim what is wrote on the front of the court form? And yes I can't find any reccord of the debt in any reports and think I havnt made any payments for 6 years
Should I change 3: to

3: This claim appears to be for a Credit Card agreement with capital one taken out on or around the 18th August 2007, regulated under the Consumer Credit Act 1974.

jeff

Yes that's it Jeff, does it say when the debt was assigned to the claimant? Did you receive a Notice of Assignment? Does it state a default notice was sent and not complied with?

nem

[Jeff-B]

Re: Court claim by Cabot financial

it says the agreement was terminated by capital one and assigned to the claimant. But it fails to state a date. I don't remember receiving a notice of assignment. It does not state a default notice was sent

jeff

[nemesis45]

Re: Court claim by Cabot financial

it says the agreement was terminated by capital one and assigned to the claimant. But it fails to state a date. I don't remember receiving a notice of assignment. It does not state a default notice was sent

jeff

OK jef all that goes into the defence, e.g.

The particulars of claim state a Default Notice Was Issued.

The Defendant does not recall any such Default Notice and the Claimant is put to proof of a complaint default notice being issued.

The particulars of claim mention an assignment to the claimant but no date of this assignment has been disclosed.

The Defendant has no recollection of receiving any Notice of Assignment.

Jeff take a look at some of the other threads with defences so you get an idea of wording and format make a draft and post it here then we can go through it with you.

nem

[Jeff-B]

Re: Court claim by Cabot financial

Hope this looks better

Defence:
1: I received the claim XXXXXXXXX, dated 8^th June 2015 from the Northampton County Court Business Centre, on 11^th June 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 with capital one taken out on or around the 18th August 2007, 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 the claim mention an assignment to the claimant but no date of this assignment has been disclosed.

6. The defendant has no recollection of receiving any Notice of Assignment.

7. The particulars of the claim state the Defendant missed minimum payments and the agreement was terminated.

8. The Defendant does not recall that Capital One 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.

9: On 15^th June 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.

10. Mortimer Clarke, in their letter dated 23^th June 2015, declined to send any of these documents to me.

11. On 15^th june 2015, I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974.

12. 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.

13. The Parties agreed to an 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.

14. 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.

15. The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation, failing which the claim should be struck out.

16 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.

17. 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.

[nemesis45]

Re: Court claim by Cabot financial

You have it all in there it seems Jeff!!
Are you going to claim the debt is statute barred?

nem

[Jeff-B]

Re: Court claim by Cabot financial

I pretty sure it is but not certain would it count against me if I was wrong about it

jeff

[nemesis45]

Re: Court claim by Cabot financial

I pretty sure it is but not certain would it count against me if I was wrong about it

jeff

No Jeff if you believe that the debt is Statute Barred then that's what you put in the defence, it's then up to the claimant to provide proof that the debt is not SB.

nem

[Jeff-B]

Re: Court claim by Cabot financial

Ok thank you nem I will add that too
the defence date due is in 8 days time what day should I submit it and do I need to send them copies of any letters sent or received
Jeff

[nemesis45]

Re: Court claim by Cabot financial

Ok thank you nem I will add that too
the defence date due is in 8 days time what day should I submit it and do I need to send them copies of any letters sent or received
Jeff

Hello Jeff,

Submit when ever you are ready all your written evidence should be indexed e.g. Exhibit 1 against the paragraph of the defence in which the item is mentioned.
No need to send copies yet as you will have to disclose all evidence 14 days before a hearing.

nem

[Jeff-B]

Re: Court claim by Cabot financial

Defence entered today. Thank you for all the advice, I'll keep you posted

jeff

[Jeff-B]

Re: Court claim by Cabot financial

Received a letter today from Cabot saying they havnt got any documents within the time limit and they agree the credit agreement is unenforceable and judgements cannot be obtained against me unless they can find provide them

jeff