cabot restons county court

[mrmonkey]

Hi MIKE770 and Amethyst i have added here a letter i recieved from cabot and also my defence can you take a look and advise me please, as im really not sure what to put as my defense and think maybe something like this i need to submit a defense before monday thank you.

[mrmonkey]

my defense

In the Northampton County Court Business Centre

Claim No: [XXXXX]



[Claimants Name]

Claimant

And



[Defendants Name]

Defendant

DEFENCE



1.The defendant received the claim xxxxx from the County Court Business center Northampton on the 09/08/2018.

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 agreement regulated under the Consumer Credit Act 1974.

4.The particulars of claim are vague as to what the debt is for and to whom the original creditor was, the defendant has no knowledge of this debt to which the claim is refering and denies owing the debt.

5. On the 13/08/2018 the defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors . He requested the Claimant provide a copy of the contract mentioned in the particulars of claim, any default notice, a full statement of account and detail of the 'overdue balance' and the formal notice of assignment from New Day to the claimant.

6. Restons Solicitors has not provided any of these documents.

7.On the 13/08/2018 The defendant sent a formal request for a copy of the original agreement Cabot Financial pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8.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.

9. On the 31/08/2018 Cabot Financial responded to the request detailed in paragraph 7 which stated that they could not provide the required documents and that the credit agreement is considered unenforceable. The claimant states that they are is not permitted to obtain a judgement.

10. The defendant therefore requests the court orders the Claim should stand struck out.

11. The claim is denied in full.


Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[MIKE770]

seems OK to me let Ame look at it also? Amethyst

[Amethyst]

I've edited it in your post ( sorry I meant to edit a copy but pressed the wrong button )

I have changed I and me to 'the Defendant' - you may need to put capitals in and double check I've done all the instances - you were swapping between first and third person through the defence, best to be consistent.

Otherwise no problems with it - I reworded a couple bits but only really grammatical changes

[mrmonkey]

thank you,lol i did the same thing with my defense and managed to delete it, thats why its posted after cabot letter

[mrmonkey]

MIKE770 Amethyst i actually tried to update my defense online from when i originaly filed defense and it wont let me log in, could this be because they have had to withdraw claim ? seems a bit strange.

update its ok i found it lol was at bottom of page as i already had filed my intent to defend :/ .

[Amethyst]

Ahhh - bit of a heartattack for a minute then .... glad you're sorted