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Re: cabot financial (uk) limited vs busybeth
Unable to use MCOL. Had issues logging in several weeks ago, rang them and said they had an on-going problem and to email defence instead. I have done so, using draft link (thanks).
Just hope it is accepted ... I would have jumped on this earlier, but as per my post 4/4, the courts advised "on hold", and implied no urgency in the matter!
defence :
1.I received the claim XXXXXXXXX from the Northampton County Court on 5th February 2016
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 Claimant states the claim relates to a credit card account with Capital One but without further details the Defendant is unable to identify such an account within his own records.
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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited, but gives no date. The Defendant does not recall receiving notice of this assignment.
7.On the 13/02/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd [Claimant's Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. (Copy letter attached)
8.Mortimer Clarke Solicitors Ltd has not sent any of these documents to me.
9.On the 13th February 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited,pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. (Copy Letter attached)
10.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
11.I asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), 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.
12.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.
13.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.
14.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.
15. It is denied that the Claimant is entitled to the relief as claimed or at all.
Unable to use MCOL. Had issues logging in several weeks ago, rang them and said they had an on-going problem and to email defence instead. I have done so, using draft link (thanks).
Just hope it is accepted ... I would have jumped on this earlier, but as per my post 4/4, the courts advised "on hold", and implied no urgency in the matter!
defence :
1.I received the claim XXXXXXXXX from the Northampton County Court on 5th February 2016
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 Claimant states the claim relates to a credit card account with Capital One but without further details the Defendant is unable to identify such an account within his own records.
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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited, but gives no date. The Defendant does not recall receiving notice of this assignment.
7.On the 13/02/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd [Claimant's Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. (Copy letter attached)
8.Mortimer Clarke Solicitors Ltd has not sent any of these documents to me.
9.On the 13th February 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited,pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. (Copy Letter attached)
10.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
11.I asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), 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.
12.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.
13.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.
14.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.
15. It is denied that the Claimant is entitled to the relief as claimed or at all.
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