Ccj-defence

[echat11]

Look at Particulars of Claim heading on the claim form you received, that's the info needed.

Not - Particulars of Claim: previous letters from Cabot Financial about three years ago

[Caroline1985]

Look at Particulars of Claim heading on the claim form you received, that's the info needed.

Not - Particulars of Claim: previous letters from Cabot Financial about three years ago

Ok what do I need to do with this information? I've got he particulars of claim infront of me.


I don't have the letters from 3 years ago.

Thank you

[echat11]

Ok what do I need to do with this information? I've got he particulars of claim infront of me.


I don't have the letters from 3 years ago.

Thank you

Just take a screenshot, remove personal details and upload it so I can read it.

The details were asked for in the second post.

[Caroline1985]

See attcahed

[echat11]

Look at No.7 in red, if it's statute barred, keep it in, if it's not, remove it. You need to renumber the points.

You need to replace the XXXXXXXXX with correct details.

Read through, if correct, you can file it with the Court through MCOL. Send a copy to their solicitors, get Proof of Postage.



In the Civil National Business Centre

Claim No:XXXXXXXXXX

Mortimer Clarke Solicitors LTD

And

XXXXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXXX from the Northampton County Court on 01/02/2024.

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

3.This claim 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 Aqua Ltd for provision of credit.

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 Claimant's Particulars of Claim states that the agreement was entered into on or around 20/07/2015.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. IS THIS TRUE, IF NOT IT NEEDS TO BE REMOVED?

8.The Claimants statement of case does not state when the account was assigned from Aqua to Cabot. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Aqua 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 20/02/2024 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Mortimer Clarke Solicitors has not sent any of these documents to the Defendant.

12.On the 20/02/2024 The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________






[/QUOTE]

[Caroline1985]

Thank you so much for your help. Will fill in the details and send it tonight. At the top of the letter do I need to add Cabot as the claimant too? Kind regards

Caz

[Caroline1985]

Shall I remove section 7 as I believe I did make a few payments to cabot back in 2019/20

[echat11]

Thank you so much for your help. Will fill in the details and send it tonight. At the top of the letter do I need to add Cabot as the claimant too? Kind regards

Caz

No, you just copy what it says on the claim form?

Who is the Claimant?
Who is the Defendant?

[echat11]

Shall I remove section 7 as I believe I did make a few payments to cabot back in 2019/20

Yes, remove no.7, then renumber.

[Caroline1985]

Any idea how long it will take to get a response after defence has been submitted?

[echat11]

Any idea how long it will take to get a response after defence has been submitted?

The creditor / solicitors has 28 days to respond to your Defence,

Start going through the documents, when you receive them.

[Caroline1985]

Hi had this response from Mortimer Clarke in relation to my defence claim.

[echat11]

Hi had this response from Mortimer Clarke in relation to my defence claim.

It's a standard response.