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Re: Cabot Financial/Mortimer Clarke Vs Me!
This is what my version looks like:
1: I received the claim ....... from the County Court Business
Centre Northampton on .....
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.
3: 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 Capital One to Cabot Financial (UK)Limited. I do not
recall receiving notice of this assignment.
6. It is denied that Capital One served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served to me.
7: On the ... 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. I requested the
Claimant provide copies of the Agreement, Default Notice and
Notice of Assignment.
8.Mortimer Clarke Solicitors Ltd has not sent any of these documents to
me.
9. On the ..... 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.
10. 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.
11. 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
I believe that the facts stated in this Defence are true.
Dated .....
I would really appreciate any comments,
Thanks
This is what my version looks like:
1: I received the claim ....... from the County Court Business
Centre Northampton on .....
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.
3: 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 Capital One to Cabot Financial (UK)Limited. I do not
recall receiving notice of this assignment.
6. It is denied that Capital One served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served to me.
7: On the ... 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. I requested the
Claimant provide copies of the Agreement, Default Notice and
Notice of Assignment.
8.Mortimer Clarke Solicitors Ltd has not sent any of these documents to
me.
9. On the ..... 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.
10. 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.
11. 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
I believe that the facts stated in this Defence are true.
Dated .....
I would really appreciate any comments,
Thanks
Comment