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Re: Drydens (Cabot) vs Minionherder - Capital one
Sound good?
1: I received the claim XXXXXXXXX from the Northampton County Court on 24th Dec 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 agreement regulated under the Consumer Credit Act 1974. Although not specifically stated in the claimant’s statement of case it may be a Credit card agreement as Capital one are a supplier of credit card accounts.
4: It is admitted that the Defendant has previously entered into an agreement with Capital one for provision of credit but will contend that the account is in dispute.
5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The particulars of claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Capital one to Cabot Financial on 28/9/2015. The Defendant does not recall receiving notice of this assignment and would have replied to it as the account was in dispute.
8. The defendant is unaware of any Default notice served 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 the 12th Dec 2015, before the claimant instigated the claim the defendant wrote to them using recorded delivery requesting further information and documentation regarding this account. There has been no reply to this request and the claimant has ignored it in full.
10: On the 28th Dec 2015 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens via recorded delivery. The defendant requested the Claimant provide copies of the Agreement, Notice of Assignment and statement of account to show how the balance was calculated.
11. Drydens has not sent any of these documents to the defendant, they have in fact refused to even acknowledge these requests in any way. This is contrary to CPR 31.14 and surprising as they would have required copies of the documents in question before beginning the claim process unless they intended to abuse the automated bulk claim process.
12. On the 28th Dec 2015 the defendant sent a formal request for a copy of the original agreement to Cabot Financial via recorded delivery pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
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 .................................................. ....
Sound good?
1: I received the claim XXXXXXXXX from the Northampton County Court on 24th Dec 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 agreement regulated under the Consumer Credit Act 1974. Although not specifically stated in the claimant’s statement of case it may be a Credit card agreement as Capital one are a supplier of credit card accounts.
4: It is admitted that the Defendant has previously entered into an agreement with Capital one for provision of credit but will contend that the account is in dispute.
5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The particulars of claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Capital one to Cabot Financial on 28/9/2015. The Defendant does not recall receiving notice of this assignment and would have replied to it as the account was in dispute.
8. The defendant is unaware of any Default notice served 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 the 12th Dec 2015, before the claimant instigated the claim the defendant wrote to them using recorded delivery requesting further information and documentation regarding this account. There has been no reply to this request and the claimant has ignored it in full.
10: On the 28th Dec 2015 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens via recorded delivery. The defendant requested the Claimant provide copies of the Agreement, Notice of Assignment and statement of account to show how the balance was calculated.
11. Drydens has not sent any of these documents to the defendant, they have in fact refused to even acknowledge these requests in any way. This is contrary to CPR 31.14 and surprising as they would have required copies of the documents in question before beginning the claim process unless they intended to abuse the automated bulk claim process.
12. On the 28th Dec 2015 the defendant sent a formal request for a copy of the original agreement to Cabot Financial via recorded delivery pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
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 .................................................. ....
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