Need Help with written full pleaded Defence

[nemesis45]

Re: Need Help with written full pleaded Defence

Shall I mention that I have requested S78 and CPR 31.14 in my defence and that I am waiting for respond for that.

Yes certainly but CPR 31.14 is not applicable as the claim is/ was already allocated to the small claims track.

nem

[armand76]

Re: Need Help with written full pleaded Defence

Thanks for all your help, I will update you once I had respond.

[nemesis45]

Re: Need Help with written full pleaded Defence

Thanks for all your help, I will update you once I had respond.

Ok!! Good luck!!

nem

[FlamingParrot]

Re: Need Help with written full pleaded Defence

Thanks for all your help, I will update you once I had respond.

Just a quick note on this, there are some words missing in paragraph 2 and it's the Limitation Act 1980 (without the 's' at the end):

1. On the order of Judge xxxxxxxxxxxxxxxx I submit the following defence to the original claim.

2. I believe that the alleged debt was statute barred under the provisions of the Limitations Act 1980 prior to the claim being issued.

3. To the best of my knowledge and belief no payment or unequivocal written acknowledgment has been made in regard to the alleged debt since xx xx xxxx.

4. It is my contention that the Claimant Cabot Financial must provide unequivocal proof that the alleged debt is not statute barred.

[armand76]

Re: Need Help with written full pleaded Defence

OK a request under sections 77/78 of the Consumer Credit Act 1974 to Cabot there is a statutory fee of £1 to pay a cheque or postal order "endorsed for statutory fee only".

As this debt was subject to a CCJ now set aside Cabot may try to decline to comply, if they do then we can sort that out if & when it happens.

So send as follows to Cabot:

Sir/Madam.

I refer to County Court Claim No. xxxxxxxxxxxxxxxxxxxx and the Judgement set aside by Judge................ on.......................... in the XXxxxxxxx County Court.

I formally make a request for a copy of the agreement relating to the alleged debt which was the subject of this claim I enclose herewith the statutory fee of £1 as required for a request made under sections 77/78 of CCA 1974.

Cabot is reminded that is has 12 + 2 working days to comply with this request. Considering that Cabot has obtained a judgement in this case ( now set aside) I would expect it to have such documentation readily to hand.
This information is required to assist me in formulating a defence to be file on date..................:

A prompt response is required.

Send by signed for post, do not use a PO Box Number in Cabot's address.

nem

Hi All,

I need your advice please. I send the above letter to Cahotto on the 29th July 2015 to request a copy of the agreement to the alleged debt but still not had any respond, what should I do next to demand the paperwork.

Thanks for your help

[FlamingParrot]

Re: Need Help with written full pleaded Defence

Hi All,

I need your advice please. I send the above letter to Cahotto on the 29th July 2015 to request a copy of the agreement to the alleged debt but still not had any respond, what should I do next to demand the paperwork.

Thanks for your help

Reading back through this thread, you were applying for a default judgment to be set aside and were due to submit a defence within 21 days. Can you tell us what happened with that?

[armand76]

Re: Need Help with written full pleaded Defence

Hi,

I have submitted a defence on 30th July but I have not heard anything back from the court. Last time I contact the court about 2 weeks ago they said they still have not presented the case to the judge so I had to wait and mean time I still have not heard anything back from Cahoot when I checked the recorded delivery it's been signed on 31 July.

Thanks

[FlamingParrot]

Re: Need Help with written full pleaded Defence

Hi,

I have submitted a defence on 30th July but I have not heard anything back from the court. Last time I contact the court about 2 weeks ago they said they still have not presented the case to the judge so I had to wait and mean time I still have not heard anything back from Cahoot when I checked the recorded delivery it's been signed on 31 July.

Thanks

If they were to re-issue the claim, non-compliance with your CCA request would be a bar to enforcement. :thumb:

[armand76]

Re: Need Help with written full pleaded Defence

Thanks, do I need to let the court know or I shall wait till I get A respond from the court that Cahoot have not responded to my request.

[FlamingParrot]

Re: Need Help with written full pleaded Defence

Thanks, do I need to let the court know or I shall wait till I get A respond from the court that Cahoot have not responded to my request.

I would wait to hear from the court before bringing it up. :ranger: It would only be relevant if the claim was re-issued.

[armand76]

Re: Need Help with written full pleaded Defence

Hi All,
The court agreed to set aside the judgment because there was no respond from Caboot to my defense this include S78 request I send to them.

What should I do next? to prevent Caboot for taken another court order. Thanks for all your help.

[nemesis45]

Re: Need Help with written full pleaded Defence

Hi All,
The court agreed to set aside the judgment because there was no respond from Caboot to my defense this include S78 request I send to them.

What should I do next? to prevent Caboot for taken another court order. Thanks for all your help.

Carboot would be foolish to attempt another claim unless they have all the evidence to back
it up.
When was the judgement set aside?

nem

[armand76]

Re: Need Help with written full pleaded Defence

Thanks of respond, its been set a side around September but I have not heard anything back from the court till recently.

[armand76]

Re: Need Help with written full pleaded Defence

Hi All

I need your help please, the court agrees to to set the judgment aside based on the letter i sen to them, and I got a letter today from Mortimer Clarke stating "WITHOUT PREJUDICE SAVE AS TO COST" offering me a settlement figure. what should I do please? shall I just tell them to provide information about the debt? can they go back to the court and try to get another CCJ?

Also the default for this account, shall come out from my credit report around Feb next year.

Thanks everyone for your help

[nemesis45]

Re: Need Help with written full pleaded Defence

Hi All

I need your help please, the court agrees to to set the judgment aside based on the letter i sen to them, and I got a letter today from Mortimer Clarke stating "WITHOUT PREJUDICE SAVE AS TO COST" offering me a settlement figure. what should I do please? shall I just tell them to provide information about the debt? can they go back to the court and try to get another CCJ?

Also the default for this account, shall come out from my credit report around Feb next year.

The Judgement has been set aside and there has been no challenge from Cabot is that correct?

nem

Thanks everyone for your help

Hello again Armand,
I think MC are clutching at straws