DrysdenFairfax / Cabots

[Chattyone]

Re: DrysdenFairfax / Cabots

With pleasure: http://www.legalbeagles.info/forums/...t-Court-Claims :yo:
You may want to post up your draft on here before filing it. :typing:

Hello Wise People , can I have your input on my draft defence statement below - based on the following particulars of claim?

The Claimants claim is for the sum of (<£10k) under an agreement regulated by the Consumer Credit Act 1974, between the Defendant and Lloyds banking group acc. no xxxxxx and assigned to the claimant in 2014, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. And the Claimant claims the sums of (<£10k) together with costs.


The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement

Signed Drydens Limited
(Claimants Legal Represenatative)


1: I received the claim xxxxxx from the Northampton County Court on xx^th September 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: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. Is the statement of case and particulars of claim interchangeable here?

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 Lloyds Banking Group to Cabot Financial UK Limited on xx/xx/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds Banking Group 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. Is this relevant to my case even if there is no mention of any default notice in the particulars of claim?

8: On the 01/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the Agreement, and Notice of Assignment (I also requested a copy of the formal demand – should I not have? I’m not even quite sure what it is!)

9. Dyrdens Limited has not sent any of these documents to me.

10. On the 01/10/2015 I sent a formal request for a copy of the original agreement to Cabot Financial UK Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: On the 14^th October I asked Drydens Limited if we may agree to extend the time period allowed for filing of my defence to allow Drydens Limited and Cabot Financial UK Ltd (correct?) additional time to produce the relevant documentation to evidence their claim, however they have failed to respond.

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


Do I need to write anything else? I should also note again that Drydens did send me a letter acknowledging my complaint (pre CPR and CCA requests). Their procedure states that they aim to send a final response within 4 weeks of my complaint (which in now up) and if they can’t respond in 4 weeks they will write me an update on their progress (Nothing to date)

Also just checking (maybe the obvious). Do I need to send copies of my letters / emails along with the above defence?

AND FINALLY
I’ve read I can send my defence by email to the court – would this be through the MONEY CLAIM. GOV WEBSITE? Cos I can’t find an email address on the claim form?

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Ok Flaming Parrot. Defense wise I understand that there is a generic defence - can you point me in the right direction please?

With pleasure: http://www.legalbeagles.info/forums/...t-Court-Claims :yo:
You may want to post up your draft on here before filing it. :typing:

[Chattyone]

Re: DrysdenFairfax / Cabots

If, after all that, they agree to an extension under CPR 15.5, YOU need to notify the court in writing. :typing:

Otherwise you should file your defence by the 19th.

Ok Flaming Parrot. Defense wise I understand that there is a generic defence - can you point me in the right direction please?

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Well I called Drydens and they said initially that they cannot retrieve my files on their database because my complaint (see 1st thread) has been escalated to their compliance department and so he said he would get a Team Leader for me to talk to. Their customer service person went offline for some time (twice) and then returned (without Team Leader) and confirmed receipt of my CPR request letter. He says my complaint has been referred back to Cabots - and they are waiting to hear from them and so my case would not be going to court!

From reading these forums - as I understand it - if I don't put in a defence, or the court does not hear from me before my 33 days (19 Oct) - I get a CCJ by default. Of course I don't want this so I asked the lad to confirm in writing that they need more time to respond to my request and because of this they agree to an extension date (between 14 to 28 days) for filing my defence.

If, after all that, they agree to an extension under CPR 15.5, YOU need to notify the court in writing. :typing:

Otherwise you should file your defence by the 19th.

[Chattyone]

Re: DrysdenFairfax / Cabots

It's not the team leader you want, it's the claims handler for your case.

All calls should be confirmed via email in case they are required for evidence.

Dear Muppet,

I spoke with Upstart1 this morning and would like to confirm the details of the call.

I said .................

Upstart1 said .................

The result of the call is .................

Should you disagree please inform me of any misunderstanding on my part.

M1

Thanks Mystery1

[mystery1]

Re: DrysdenFairfax / Cabots

It's not the team leader you want, it's the claims handler for your case.

All calls should be confirmed via email in case they are required for evidence.

Dear Muppet,

I spoke with Upstart1 this morning and would like to confirm the details of the call.

I said .................

Upstart1 said .................

The result of the call is .................

Should you disagree please inform me of any misunderstanding on my part.

M1

[Chattyone]

Re: DrysdenFairfax / Cabots

Well I called Drydens and they said initially that they cannot retrieve my files on their database because my complaint (see 1st thread) has been escalated to their compliance department and so he said he would get a Team Leader for me to talk to. Their customer service person went offline for some time (twice) and then returned (without Team Leader) and confirmed receipt of my CPR request letter. He says my complaint has been referred back to Cabots - and they are waiting to hear from them and so my case would not be going to court!

From reading these forums - as I understand it - if I don't put in a defence, or the court does not hear from me before my 33 days (19 Oct) - I get a CCJ by default. Of course I don't want this so I asked the lad to confirm in writing that they need more time to respond to my request and because of this they agree to an extension date (between 14 to 28 days) for filing my defence.

I'm getting a little frustrated because he did not seem to know what I was on about and would not let me speak to a Team Leader -even though I asked him twice. 'Cust. Service' man then said he would pass on my request to the Complaints department - and I should be expecting a letter of confirmation - but he couldn't say when (though would mark it as urgent).

I think I want to send that 'standard' chase up letter to the solicitors as back up because things seem pretty much in the air (and it's my word against theirs). What do I do now? More wise words please?

[Chattyone]

Re: DrysdenFairfax / Cabots

LOL message received - thanks guys

[Berniethebolt]

Re: DrysdenFairfax / Cabots

Us oldies will recognise it as a telephone , for the kids amongst you, yes they really were that big

[FlamingParrot]

Re: DrysdenFairfax / Cabots

What's that object? I can't make it out! I need my glasses! :lol: :lol: :lol:

It's just not big enough to see what it is.

[mystery1]

Re: DrysdenFairfax / Cabots



M1

[Chattyone]

Re: DrysdenFairfax / Cabots

If Drydens do agree to an extension to file your defence after all this, you need to notify the court in writing (email should be OK). :typing:

Cheers

[FlamingParrot]

Re: DrysdenFairfax / Cabots

If Drydens do agree to an extension to file your defence after all this, you need to notify the court in writing (email should be OK). :typing:

[Chattyone]

Re: DrysdenFairfax / Cabots

Remove "and/or counterclaim" and leave just "...my defence at this moment..."

Your deadline is 33 days from date printed on the claim. You don't have to wait another 7 days. If time's short you can email the letter and chase up by phone, when you do you can also ask them to agree to a 28 day extension as allowed by CPR 15.5. This is the one exception to the general rule of always using recorded delivery post and never dealing with them over the phone. It often works and they agree to an extension, if not you just go on to mention their non-compliance in your defence. :thumb:

Not at this point, as above, if they don't agree to an extension, you should just go ahead and file a defence before the 33 days are up, the generic one based around non-compliance with document requests.

Much appreciated Flaming Parrot:thumb:

[FlamingParrot]

Re: DrysdenFairfax / Cabots

This is what I’ve hobbled together so far – from gleaning info from your forum:

Dear Sir / Madam
Re: xxxxx v xxxxx - CLAIM No: xxxxx

On XX September 2015 I received a County Court claim from yourselves, of which I have acknowledged receipt indicating my intention to defend in full.

On 30^th September 2015 I sent a letter to yourselves in accordance with CPR 31.15 and I am awaiting your reply.
I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a written statement that you agree to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.
I look forward to hearing from you within the next 7 days.

Yours sincerely
Chattyone

Remove "and/or counterclaim" and leave just "...my defence at this moment..."

Is there anything else I should add to this letter AND
I’m concerned now because waiting another 7 days takes me up to my 28 days AOS.

Your deadline is 33 days from date printed on the claim. You don't have to wait another 7 days. If time's short you can email the letter and chase up by phone, when you do you can also ask them to agree to a 28 day extension as allowed by CPR 15.5. This is the one exception to the general rule of always using recorded delivery post and never dealing with them over the phone. It often works and they agree to an extension, if not you just go on to mention their non-compliance in your defence. :thumb:

I take it I also need to notify the court of what’s happening?

Not at this point, as above, if they don't agree to an extension, you should just go ahead and file a defence before the 33 days are up, the generic one based around non-compliance with document requests.