Court claim-need advice on how to defend

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hi Nem,

That is great thank you.
It is also very kind to provide volunteer service to help people in this way. Even as a professional the legal speak or process if not familiar with it is rather confusing, very much like the planning system is on my side of the fence...... if one has experience with these things it is always helpful to cut through the hyperbole and help people out which is what I seem to do a lot of the time!
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Hello Andrew,

For the attention of:
The Principal Solicitor
Mortimer Clarke
address as on claim form.

Date:

Ref: County Court claim No.........................................




Dear Sir/ Madam:

I refer to the above mentioned claim issued on behalf of your " client " Cabot Financial (Uk) Ltd., on date.

Please not I do not acknowledge any liability for the alleged debt which is the subject of the claim.

The account from which the alleged debt arises was in serious dispute with the original creditor
Capital One at the time the account was assigned to your client.

The dispute regarding Fraudulent use of the credit card have not been resolved.
Please find attached a statement of the progress of the account. ( List as you have above Andrew)

For Clarification two fraudulent transactions were made on this account, on............................ and ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,: In the amount of £................... and £.......................:
You will see from the attached statement that this was reported to Capital One and on their recommendation to the police at ,,,,,,,,,,,,,,,,,,,,,,,,,,,, on..........................'

A crime log number was issued ( number ...._)

The events from that time onward are included in the attached statement.

As Capital One failed to resolve the complaint in regard to the fraudulent transactions
I paid off the remaining balance on the card lees the fraudulent amounts.

Capital one ceased to contact me around date,,,,,,,,,,,,,,,,,,,,,,,,,,,: and the next communication
was from...........................on................. .............................:

Fill in all your dates here Andrew.

I believe that I have met all liability that existed for this account, Capital One failed
to properly investigate my concerns and complaints and made no attempt tor resolve
the problem and sold the account to your client.

I would suggest that this matter is immediately referred to your " client " sister company with
in the Cabot Group I understand informing them that the alleged debt is still the subject of a
serious unresolved dispute arising from fraudulent activity, the alleged debt acquired by your
client consists only of the disputed fraudulent acquired sums.

I have separately made formal requests for documents to your client and request under the provisions
of CPR 31. 14 has been sent to Mortimer Clarke.

On that subject Mortimer Clarke is reminded that the CPR is relevant to this claim until it is allocated to
the small claims track.


If you would like to add the details and post here I can go over it and restructure as needed.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hi Nem,

Thank you very much for this; I have composed said letter and it will be sent 'signed for' post tomorrow.

Can you tell me what you think would normally happen now with the claim and time periods for perspective?
Do I still have to log a defence now or await replies or any notification/s?
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Hi Nem,

Thank you very much for this; I have composed said letter and it will be sent 'signed for' post tomorrow.

Can you tell me what you think would normally happen now with the claim and time periods for perspective?
Do I still have to log a defence now or await replies or any notification/s?
Andy

Hello Andy,

We continue as if the letter has not been sent ( belt and braces) we can work on defence,

my feeling is they will have a problem ( I hope ) getting the agreement for a start.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Yes, I think they will. For a start they changed the account number at the beginning of the fraud reporting so they should discover this in any event. I certainly did not enter into any other agreement.

Defence: I guess there is a formal court structure or procedure one has to follow?
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Yes, I think they will. For a start they changed the account number at the beginning of the fraud reporting so they should discover this in any event. I certainly did not enter into any other agreement.

Defence: I guess there is a formal court structure or procedure one has to follow?
Andy

To make things easier have a look at some threads with defences it's the easiest way
to get an idea of content and format.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Ok, will do.
Andy

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hello Nem,

I received a letter today from MC (attached I hope) in response to my first request letter.
In their last sentence where they mention the matter being put on hold; does this mean the claim has been arrested or do I still have to lodge a defence in the allotted time period (14 or 28 days +5), Im not sure which?
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Hello Nem,

I received a letter today from MC (attached I hope) in response to my first request letter.
In their last sentence where they mention the matter being put on hold; does this mean the claim has been arrested or do I still have to lodge a defence in the allotted time period (14 or 28 days +5), Im not sure which?
Andy

Hello Andy,
The CCA request should have gone to the claimant. CPR31.14 request goes to the solicitors.
No they court process goes on regardless, the "on hold" does not affect process.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Oh, didn't clock that, busy with my work..... so is it normally 14 days or 28 days to make defence?
Given the story you know a bit about now and a defence suitably lodged, what will the courts normally do with the claim?
Andy

[icrina53]

Re: Court claim-need advice on how to defend

Date on the claim plus 5 plus another 28 to do your defence

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hi again Nem,

I had two letters in today from MC: see attached for reference.
Any comments that can help?
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Hi again Nem,

I had two letters in today from MC: see attached for reference.
Any comments that can help?
Andy

Hello Andrew,
It would be the proper procedure to send copies of the correspondence to which you refer
( redacted as necessary of course). Send them with the reply to the 2nd letter.

To M c
their address etc.

Date:

Ref: CC Claim No.........................:
Re: Correspondence:
CPR 31,14 Request.

Sir / Madam.

I refer to your letter dated.......................: in regard to the omission of copies of communications
between myself and others in t=regard to the dispute regarding the alleged debt which is the
subject of this claim, please find the following attached.
List and number the letters.

I am also in receipt of your letter dated...................... in reply to my request made for inspection of
documents under the provisions of CPR.31 . 14.

Please not such documents ( if any ) will be disclosed at the appropriate point during the progress
of this claim.
What I may or may not have received in the past from any source is not relevant to my request.
CPR 31.14 applies to this claim until it is allocated to a track, please therefore provide the documents
requested by return of post.
Failure to comply will be brought to the attention of the court.

OK Andrew for you to amend as you see fit.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

nem,

Thanks for the draft reply; I shall do this today to post tomorrow. However; regarding the:

I am also in receipt of your letter dated...................... in reply to my request made for inspection of
documents under the provisions of CPR.31 . 14.
Please not such documents ( if any ) will be disclosed at the appropriate point during the progress of this claim.

I guess this relates to the original agreement? I do not have a copy of this myself as this would have been some 15 years and 8 months ago.
Seems that this is not an issue anyway?
Andy

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hi nem,

Letter sent regarding the last two letters received from MC, one to them and another notifying the court of MC's agreement to an extension to making a defence. However, I have received no further correspondence from them or the court.
Nothing also appears on the gateway site and the original defence deadline looms being next Tuesday.
Not sure what to do next!?
Would appreciate any advice?
Andy