Cabot\Restons CCJ claim - worried :-(

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Just to follow up:
POC:
The claimant claims payment of the overdue balance due from the deferndant(s) under a contract betyween the defendant(s) and Halifax dated on or about Nov21 2006 and assigned to the claimant on jun29 2015

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Attached is a copy of the POC

[Kati]

Re: Cabot\Restons CCJ claim - worried :-(

Attached is a copy of the POC

You could have asked for the Assignment too (IMO)
[MENTION=55034]nemesis45[/MENTION]??

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Thanks [MENTION=49370]Kati[/MENTION]
Yes I have realised I could have probably asked for this as well :-(
Hopefully you guys can point me in the right direction :-)
Is there a standard reply to this that I am missing I am sure I have seen something similar in one of the other threads but haven't been able to find it again [MENTION=55034]nemesis45[/MENTION]
Thanks again for all your help guys!
Kind regards
D.

[nemesis45]

Re: Cabot\Restons CCJ claim - worried :-(

You could have asked for the Assignment too (IMO)
@nemesis45??

Yes certainly! The statement of claim on recent claims has been very poor time to exploit the short comings I think!

Must have missed something here, what type of account was this?

nem

[Kati]

Re: Cabot\Restons CCJ claim - worried :-(

Yes certainly! The statement of claim on recent claims has been very poor time to exploit the short comings I think!

Must have missed something here, what type of account was this?

nem

....

Original debt is a Halifax loan of 10k majority was paid off until my redundancy in 2012 - last payment 2012 loan taken out approsx 2006.

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Afternoon everyone
My defence date posting is tomorrow so I thought I would post up my defence draft.
If anyone could look it over for me( @nemesis45 @Kati ) and let me know if I have missed or need to include anything before I send it off it would be very much appreciated
Kind regards D.

ClaimNo...........................................

Between: MFS Portfolio Ltd

and

your name Defendant

of Your address:

Defence:
1. I received the claim xxxxxx from Northampton county court business centre on14/03/2016

2. Each and every allegation in the Claimants statement of the case is denied unless specifically admitted in this defence.

3. The Claimant appears to be for a loan agreement regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable me to properly access my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Halifax to MFS portfolio ltd. The Defendant does not recall receiving Notice of Assignment.

6. On the 14/03/2016 I sent request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I asked the Claimant provide copies of the Contract and any other documentation upon which it relied to the Particulars of Claim.

7. Restons Solicitors Limited has not sent any of the requested documents to me.

8. On the 14/03/2016I sent a formal request for a copy of the original executed agreement to MFS Portfolio Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s.77(1) Consumer Credit Act 1974 and by virtue of s.77(4) Consumer Credit Act 1974 cannot enforce the agreement.

10. Under Civil Procedure Rule 16.5(4) where the claim includes a money claim,a Defendant shall be taken to require that any allegations relating to the 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.

12. I request the court orders the Claimants to provide necessary documentation in order for me to fully plead my case else the claim should stand struck out.

13. In the event that the relevant documents are received from Claimants I will then be in a position to amend my defence, and would ask that the Claimant bear the cost of the amendment.

14. 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.

[Kati]

Re: Cabot\Restons CCJ claim - worried :-(

reads OK to me [MENTION=82883]Northtin[/MENTION], but hold off until others have commented too xx

[nemesis45]

Re: Cabot\Restons CCJ claim - worried :-(

Afternoon everyone
My defence date posting is tomorrow so I thought I would post up my defence draft.
If anyone could look it over for me( @nemesis45 @Kati ) and let me know if I have missed or need to include anything before I send it off it would be very much appreciated
Kind regards D.

ClaimNo...........................................

Between: MFS Portfolio Ltd

and

your name Defendant

of Your address:

Defence:
1. I received the claim xxxxxx from Northampton county court business centre on14/03/2016

2. Each and every allegation in the Claimants statement of the case is denied unless specifically admitted in this defence.

3. The claim appears to be for a loan agreement regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable me to properly access my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Halifax to MFS portfolio ltd. The Defendant does not recall receiving Notice of Assignment.

6. On the 14/03/2016 I sent request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I asked the Claimant provide copies of the Contract and any other documentation upon which it relied to the Particulars of Claim.

7. Restons Solicitors Limited has not sent any of the requested documents to me.

8. On the 14/03/2016I sent a formal request for a copy of the original executed agreement to MFS Portfolio Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s.77(1) Consumer Credit Act 1974 and by virtue of s.77(4) Consumer Credit Act 1974 cannot enforce the agreement.

10. Under Civil Procedure Rule 16.5(4) where the claim includes a money claim,a Defendant shall be taken to require that any allegations relating to the 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.

12. I request the court orders the Claimants to provide necessary documentation in order for me to fully plead my case else the claim should stand struck out.

13. In the event that the relevant documents are received from Claimants I will then be in a position to amend my defence, and would ask that the Claimant bear the cost of the amendment.

14. 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.

Reads Fine Northin

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Thanks everyone - I assume I just cut and paste this into the MCOL defence section ?
Court claims are a lonely, scary process but everyone's support here has really helped me.
Thank you all so much once again!
D.