HELP! Received a court claim

[tallava]

Re: HELP! Received a court claim

Hi guys, i have not yet sent my defence to the court. I have attached 2 screenshots from the draft. Please comment below each point in the draft, i know No 5 is not applicable. Please have a look if it's missing anything. I have never done this before

Just to remind you what's in the Particulars of Claim:
"By an agreement between OPUS CREDIT CARD (OPUS) & the Defendant on or around 21/01/2008 ('the Agreement') OPUS agreed to issue the Defendant with a credit card. The defendant failed to make the minimum payments due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3580.00"

can i file this defence online right now at www.moneyclaim.gov.uk?
it should be due in before the 1st September or is it too late? thank you in advance

[FlamingParrot]

Re: HELP! Received a court claim

Hi guys, i have not yet sent my defence to the court. I have attached 2 screenshots from the draft. Please comment below each point in the draft, i know No 5 is not applicable. Please have a look if it's missing anything. I have never done this before

Just to remind you what's in the Particulars of Claim:
"By an agreement between OPUS CREDIT CARD (OPUS) & the Defendant on or around 21/01/2008 ('the Agreement') OPUS agreed to issue the Defendant with a credit card. The defendant failed to make the minimum payments due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3580.00"

Just as well you mentioned that bit! :clap2: :clap2: :clap2:

You really need look at this thread: http://www.legalbeagles.info/forums/...643#post571643

Basically Opus bought the Citi cards portfolio around the end of 2010 so there wouldn't have been an agreement with Opus to start with... :whistle:

can i file this defence online right now at www.moneyclaim.gov.uk?

You should be able to file it online but please hold off until you've taken into account the issues discussed on that other thread. :hand:

it should be due in before the 1st September or is it too late? thank you in advance

No, it's not too late, tomorrow is the 31st. :thumb:

[FlamingParrot]

Re: HELP! Received a court claim

See PT's latest post on that thread, which should also be applicable here: :thumb:

It is denied that the Defendant entered into a contract with Opus. For the avoidance of doubt the Defendant puts the Claimant to strict proof of its allegations and requires the Claimant to produce the aforesaid agreement / contract which the Defendant is alleged to have agreed. The Defendant avers that the Claimants claim as pleaded is incapable of proof.

[tallava]

Re: HELP! Received a court claim

FlamingParrot thank you for the heads up!
Of course without your help [MENTION=37786]FlamingParrot[/MENTION] and [MENTION=55034]nemesis45[/MENTION] and [MENTION=49370]Kati[/MENTION] i would not be here today at this stage.
If you could see my face right now, you'd see a look of gratitude:happy: so Thank you everyone!

I have been trying to prepare my defence pretty much all day, please correct me if it doesn't look right.

Also, before i submit my defence....do i need to put in the Claimants address below?



IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE No: xxxxxxxx

BETWEEN:

Cabot Financial (UK) Limited

Claimant

-and-


Your name defendant

Defendant

DEFENCE

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




1: I, the Defendant have received the claim xxxxxxxx from the Northampton County Court on 7th July 2015.




2: Each and every allegation in the Claimants Particulars of Claim is denied unless specifically admitted in this Defence. I require the Claimant to prove each and every allegation as pleaded in its particulars of claim.




3: This claim appears to be for an OPUS Credit Card agreement regulated under the Consumer Credit Act 1974. The Defendant has never used let alone owned an OPUS Credit Card.




4: It is denied that the Defendant entered into an agreement with Opus. For the avoidance of doubt the Defendant puts the Claimant to strict proof of its allegations and requires the Claimant to produce the aforesaid agreement which the Defendant is alleged to have agreed. The Defendant avers that the Claimants claim as pleaded is incapable of proof.


5. The Claimants Particulars of Claim fail to state when the agreement was entered into and state’s “on or around 21/01/2008” which the Defendant denies as he has never had an OPUS Credit Card.




6. The Claimants Particulars of Claim state that the account was “By an agreement between OPUS CREDIT CARD (OPUS) & the Defendant” I, the Defendant deny ever having any such agreement with OPUS.




7. It is denied that OPUS 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 if an agreement existed.




8: On 3rd August 2015, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. The Defendant requested the Claimant provide copies of the Agreement and the Deed of Assignment.




9. Mortimer Clarke Solicitors has not sent any of these documents to the Defendant.



10. On 3rd August 2015, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


Enc: £1 Postal Order"



11. Cabot Financial (UK) Limited responded to the request of the original agreement on 20th August 2015


Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
We currently do not have this information on file. However, we have requested the relevant details, which include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. I note that you have requested the Deed of Assignment. This document is confidential between the original lender and us and as such, is not available for disclosure. However, the Notice of assignment was originally sent to your postal address on 25 May 2011, which is sufficient evidence to justify our ownership of this account.




12. 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.




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. 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.




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.




Signed …………………………………………




Dated .............................................

[tallava]

Re: HELP! Received a court claim

I forgot to mention @Pos1tive as i have been searching for help and have been following his case and as we are in the same boat, what a coincidence! today being the last day to file our defence. I hope he win's this fight and wish him and his dad all the best in the future.

[FlamingParrot]

Re: HELP! Received a court claim

FlamingParrot thank you for the heads up!
Of course without your help @FlamingParrot and @nemesis45 and @Kati i would not be here today at this stage.
If you could see my face right now, you'd see a look of gratitude:happy: so Thank you everyone!

I have been trying to prepare my defence pretty much all day, please correct me if it doesn't look right.

Also, before i submit my defence....do i need to put in the Claimants address below?

Your are submitting this online and it will be served on them by the court, so there's no need for the address.

11. Cabot Financial (UK) Limited responded to the request of the original agreement on 20th August 2015
Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
We currently do not have this information on file. However, we have requested the relevant details, which include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. I note that you have requested the Deed of Assignment. This document is confidential between the original lender and us and as such, is not available for disclosure. However, the Notice of assignment was originally sent to your postal address on 25 May 2011, which is sufficient evidence to justify our ownership of this account.

12. 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.

I'd remove the bits highlighted above, all the square brackets [] as well as Cabot's deliberations, :blah: I'd just leave it up to them not having that info on file which makes the point you want to make. :thumb:

[FlamingParrot]

Re: HELP! Received a court claim

FlamingParrot thank you for the heads up!
Of course without your help @FlamingParrot and @nemesis45 and @Kati i would not be here today at this stage..

...and [MENTION=551]pt2537[/MENTION] :yo: who won the Mysterious Case of the Non-Existent and Elusive Opus Pocus Card to start with.

[tallava]

Re: HELP! Received a court claim

...and @pt2537 :yo: who won the Mysterious Case of the Non-Existent and Elusive Opus Pocus Card to start with.

hahahaha nice one

[tallava]

Re: HELP! Received a court claim

FlamingParrot, i'm attempting to file my defence online and i'm stuck at step 3 of 7 says.....

"Please state your defence in a maximum of 122 lines in the box below"

i thought we have print, sign, scan and attach to the defence online at some point in the steps 3-7 , do i have to put the defence on here? all i can do copy and paste the draft in the box

[FlamingParrot]

Re: HELP! Received a court claim

FlamingParrot, i'm attempting to file my defence online and i'm stuck at step 3 of 7 says.....

"Please state your defence in a maximum of 122 lines in the box below"

i thought we have print, sign, scan and attach to the defence online at some point in the steps 3-7 , do i have to put the defence on here? all i can do copy and paste the draft in the box

That's exactly it! Your defence has to be copied and pasted so you can submit it online. :typing:

Save all the other stuff for when you get your directions questionnaire a bit later on. :thumb:

[nemesis45]

Re: HELP! Received a court claim

See PT 2537 's post mention in post #18.

nem

[tallava]

Re: HELP! Received a court claim

Thank you [MENTION=37786]FlamingParrot[/MENTION] and Nemesis, defence submited. Done. Feww..👍🏽

[FlamingParrot]

Re: HELP! Received a court claim

Thank you @FlamingParrot and Nemesis, defence submited. Done. Feww..

Well done! :clap2: :clap2:

Now it's time to relax and put this to the back of your mind for a bit. :ranger:

They have 28 days to respond to your defence (from when they receive it from the court, not from last night), otherwise the case will be staying (but you won't be told if that's the case).

[tallava]

Re: HELP! Received a court claim

[MENTION=37786]FlamingParrot[/MENTION] I just can't thank you enough for your help is there some sort of (money) donation box set up on this website so people can chip in voluntarily about your enourmous help that you provide? i'd gladly donate some money towards your and others assistance if not, than "my hat's off to you guys!🎩

[FlamingParrot]

Re: HELP! Received a court claim

@FlamingParrot Hmm, A little curious, I Submitted my defence by just printing it, getting my father to signing it and submitting it to the defendants email address. Would this be suffice? As advised by @PT on my thread

Was it not filed with the court at all? :confused2: It should be submitted either online on the MCOL site, by email to ccbcdefendants@hmcts.gsi.gov.uk, or by returning the N9B (Defence and Counterclaim) in the post.

@FlamingParrot I just can't thank you enough for your help is there some sort of (money) donation box set up on this website so people can chip in voluntarily about your enourmous help that you provide? i'd gladly donate some money towards your and others assistance if not, than "my hat's off to you guys!

Thanks for your kind thoughts, :yo: please see below:

You can upgrade to VIP http://www.legalbeagles.info/forums/payments.php or if you'd rather not go VIP you can make a donation via paypal to info@legalbeagles.info or pm me for bank details.

Thank you for the kind thought xxx