Cabot financial (uk) limited vs rumandcoke

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Ok

If you are tweaking the forum defence example (above in green), where it mentions the CCA request, s78 is applicable if this is a credit card claim.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you does this mean I delete the 77 bit.

Ok

If you are tweaking the forum defence example (above in green), where it mentions the CCA request, s78 is applicable if this is a credit card claim.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

1: I received the claim 88888888888 from the Northampton County Court on 16/09/2016.

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 Account agreement regulated under the Consumer Credit Act 1974.4: [It is admitted/denied] that the Defendant has [previously] entered into [a] with [Original Creditor /Claimant] for
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Vanquis to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vanquis 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.

8: On the 19/09/2016 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. I requested the Claimant provide copies of the Agreement and Notice of Assignment] .

9. Mortimer Clarke has not sent any of these documents to me.

10. On the 19/09/2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

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.

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.



Is this ok to send please?

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Original Creditor Vanquis? Credit card?
If so, yes, delete s77 references & leave s78 refs.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Do I send evidence in with the defence ie the letters i wrote requesting cca and cpr plus the responses I recieved stating that they do not have them at the moment?

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Do I send evidence in with the defence ie the letters i wrote requesting cca and cpr plus the responses I recieved stating that they do not have them at the moment?

No need with the defence........that will come later if it gets that far.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Is the defence that I have put ok?

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

3: This claim appears to be for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

I would put "Although not specifically stated within the Claimant's Particulars of Claim, this claim appears to be.......etc."

But that's me..........!

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

I can't believe it, I can't log in, I wrote down my user id and password when I joined and it won't let me log in and there offices are not open till tomorrow for the help line and my submission date is tomorrow

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Email
ccbcdefendants@hmcts.gsi.gov.uk

Claim (XXX v YYY) & claim ref in email subject box

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you I managed to reset my password which they emailed me and it still won't let me log in. Will that email address reply today?

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you I managed to reset my password which they emailed me and it still won't let me log in. Will that email address reply today?

I've just tried it & it bounced back as undeliverable.
This one works - ccbcaq@hmcts.gsi.gov.uk

[Darter245]

Re: Cabot financial (uk) limited vs rumandcoke

Hi Rumandcoke

I have been reading your thread and think I can help on not being able to login. I had big problems trying to login after my first attempt. The MCOL website is a pain in the backside, you need to delete your MCOL account and google Government Gateway. You need to select MCOL and enter your 12 digit gateway number you should have when you set your account up and enter your password. Scroll down to MY CLAIM, click on it and should gain access to your case.

I only know this because I rang them and emailed them on several occasions and was getting nowhere fast. In the end I got a helpful adviser who explained all of what I just said.

Hope you understand what I mean and it helps.

Micky

- - - Updated - - -

Sorry one last thing, I got told the same advice as above. If I could't login the conventional way then just to email them at their email address.

Thanks Micky

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

How do i delete my MCOL account?

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you all, I got extremely stressed and upset when I couldn't log in so I left it for a couple of hours logged on and it worked straight away, I was gobsmacked! Anyway defence all sent in now so I guess I just wait.