court form from mortimer clarke

[baldy1967]

Re: court form from mortimer clarke

SAR Request been sent again with copy of PP to cap1 see if they agree to send me the details this time, also not sure when my defence has to be in by is it 28 days from date of court claim form?
Also this is what i have come up with for my defence can somebody have a read see if anything i need to add or delete at the moment thanks

In the Northampton County Court (CCBC)

CaseNumber: ######

BETWEEN
##########(Claimant)
############

-AND-
##########(Defendant)


Defence
1: I received the claim ####### from the Northampton County Court on 3^rd February 2017

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

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has previously entered into an agreement with Capital one for provision of credit.

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

5. It is denied that Capital one 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.

6: On the 3^rd February 2017 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, Formal demand, Default Notice and Notice of Assignment .

7. Mortimer Clarke Solicitors has sent only Agreement, Formal Demand, Notice of Assignment

8. 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.

9. 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.

10. 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.

11. 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.



Signed …………………………………………

Dated .................................................. ....

[charitynjw]

Re: court form from mortimer clarke

Why have you not mentioned the CCA request?

[baldy1967]

Re: court form from mortimer clarke

Why have you not mentioned the CCA request?

Not sure what im meant to use out of this? help appreciated
10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

[charitynjw]

Re: court form from mortimer clarke

It's a credit card, so s78 applies.
Scrub references to s77.

[baldy1967]

Re: court form from mortimer clarke

It's a credit card, so s78 applies.
Scrub references to s77.

wll amend and post tomorrow also not sure when my defence has to be in by is it 28 days from date of court claim form?

[Diana M]

Re: court form from mortimer clarke

not sure when my defence has to be in by is it 28 days from date of court claim form?

It's 33 days from the claim Issue Date (on the top right corner of the first page N1).

Di

[baldy1967]

Re: court form from mortimer clarke

have amended defence does this seem ok have i missed anything out now
In the Northampton County Court (CCBC)
CaseNumber: ######

BETWEEN
##########(Claimant)
############

-AND-
##########(Defendant)


Defence
1: I received the claim ####### from the Northampton County Court on 3^rd February 2017

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

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has previously entered into an agreement with Capital one for provision of credit.

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

5. It is denied that Capital one 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.

6: On the 3^rd February 2017 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, Formal demand, Default Notice and Notice of Assignment .

7. Mortimer Clarke Solicitors has sent only Agreement, Formal Demand, Notice of Assignment

8. 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.


9. On the 3rd February 2017 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. 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.

12. 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.

13. 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.

[charitynjw]

Re: court form from mortimer clarke

Before you send anything off (you have plenty of time yet), have you explored the statute-barred angle?
A statement which has been provided (post #7) indicates payments made Feb 2011 (2 x £80?).
Did you?

[baldy1967]

Re: court form from mortimer clarke

Before you send anything off (you have plenty of time yet), have you explored the statute-barred angle?
A statement which has been provided (post #7) indicates payments made Feb 2011 (2 x £80?).
Did you?

Really dont know why there are 2 x £80 on same date but wouldnt be SB untill 17 feb and they have started the court claim before this date so wouldnt it be within time limit IE before the 6 years
just looked at statment again seems if most things are x2 on there
just been trough my bank statement and yes 17 feb 2011 was last payment but only x1

[MIKE770]

Re: court form from mortimer clarke

then what is the £ 80.00 x 2 on there??? did you make the payments ?

[MIKE770]

Re: court form from mortimer clarke

if you did not make the payments then you would insert i.e. regarding alledged payments 2 x £80.00 that they be put to strict proof to show how paid by whom and payment method etc?

[baldy1967]

Re: court form from mortimer clarke

i made 1 payment of £80 on feb 17th 2011 just checked my bank statements, but defo not x2

[MIKE770]

Re: court form from mortimer clarke

well 2 payment showing as paid by you then your advantage as they would credit payments twice.!

- - - Updated - - -

so SB if court papers issued stops the SB issue at the moment.

[baldy1967]

Re: court form from mortimer clarke

Had this back from cabot today re CCA, Do i need to do anything? [MENTION=87380]Diana M[/MENTION]

[baldy1967]

Re: court form from mortimer clarke

got another letter from cabot today excatly same as above with another £1 postal order