letter before action reply,MORTIMER CLARKE, CABOT

[unluckyjim]

Hsbc re m&s ?

[unluckyjim]

GOING TO ACKNOWLEDGE CLAIM TOMORROW.
with regards to CPR 31.14

GOING ASK FOR

copy of loan AGREEMENT between HSBC RE M&S and defendant
copy of compliant DEFAULT NOTICE served, on defendant by HSBC RE M&S
copy of termination notice served on defendant by HSBC RE M&S
copy of assignment deed from HSBC RE M&S to claimant
copy of assignment notice served on defendant by claimant

[unluckyjim]

Lenders must include a copy of
the relevant information sheet
when notifying a consumer
that they are in arrears or
default. This is required by the
Consumer Credit Act 1974
(Section 86A).



shall i ask for it under CPR31.14

[unluckyjim]

hi guys ,I would like to say a BIG THANK YOU to you all, for advice.. you have been FANTASTIC....

UPDATE SO FAR...

AOS .......DONE

going to send cpr31.14 request to mortimer clark tomorrow... should it be best to send this recorded /sign for or normal post ?

going to send CCA REQUEST to cabot tomorrow.... should it be best to send this recorded /sign for or normal post ?

I WILL BE WORKING ON MY DEFENCE OVER THE NEXT WEEK

BYE FOR NOW

CHEERS...

[ostell]

Have you thought of first class post with a free certificate of posting from a post office? When I've used signed for it never seems to get a signature, and probably won't at this time.

[unluckyjim]

first class post with a free certificate of posting from a post office is fine i suppose ,but I fear it does not prove they WOULD receive the letters

[unluckyjim]

I think i will go with cpr31.14 with copy of cca to mortimer via signed for post, and CCA request to cabot via snail mail via certificate of posting

[unluckyjim]

DONE MY CPR 31 14 REQUEST.... WHAT DO YOU GUYS THINK??/???????....


Request for documents mentioned in a statement of case under CPR 31.14
On 03/12/2020 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. The Agreement & any associated Terms & Conditions applicable to the account;
2. The Notice of Assignment;
3. The Termination Notice;
4. The Default Notice
5. Any other documents mentioned in the Particulars of Claim


I did not ask for " deed of assignment " I asked for ( 5. Any other documents mentioned in the Particulars of Claim)

[unluckyjim]

Hi guys you have been " advice fantastic" anyhow, I have done my defence, just need a beady eye cast over it, does it need tweeaking, is it ok?

what you think????
many many thanks unlucky jim

DEFENCE…………….

1. I received the claim XXXXXX from the Northampton County Court Business Centre on 03 .12. 2020 Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

2. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

3. The claim appears to be for a Loan agreement that may be regulated under the Consumer Credit Act 1974, entered into in May 2014.

4. The Claimant pleads the original agreement was with 'HSBC RE M&S' which is a company the Defendant has had no prior knowledge of or communication with, nor has he entered into any agreement with HSBC RE M&S.

5. The Claimants statement of case states that the account was assigned to Cabot Financial (UK) Limited by HSBC RE M&S but fails to give a date of that assignment. The Defendant does not recall receiving notice of this assignment. The Claimant is required to evidence that the rights and duties under the agreement have been legally assigned to them and they have the right to the sums claimed.

6. The Claimants statement of case states that the account was terminated by HSBC RE M&S following the service of a default notice but fails to give a date of the Default notice The Defendant does not recall receiving any default notice. The Claimant is required to prove that a compliant default Notice was served upon the Defendant.

7. It is denied that HSBC RE M&S served any “intention to register a ‘default’ with CRA notice “ on the Defendant. The Claimant is required to prove that a compliant “intention to register a ‘default’ with CRA notice “was served upon the Defendant.

8. It is denied that HSBC RE M&S served any FCA Default Information sheet notice on the Defendant pursuant to section 86a Consumer Credit Act 1974. The Claimant is required to prove that a compliant FCA Default information sheet was included with the Default Notice and was served upon the Defendant.

9. It is denied that HSBC RE M&S 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.

10. It is denied that HSBC RE M&S served any of default notice containing all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'). The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

11. The Claimants statement of case states that the account was terminated by HSBC RE M&S but fails to give a date of the termination The Defendant does not recall receiving notice of this Termination. The Claimant is required to prove that a termination Notice was served upon the Defendant.


12. The Defendant has sent a formal request to the Claimant on the 7/12/2020 for a copy of the Consumer Credit agreement as well as copy of the terms and conditions that were applicable to the account at time of agreement to Cabot financial (UK) Limited pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. The Claimant has failed to comply with that request and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement

14. The Claimant has failed to comply with formal request for a copy of the terms and conditions that were applicable to the account at time of agreement date.

15. On the 7 December 2020, I sent a request for inspection of documents mentioned in the claimant`s statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of:-
The Agreement & any associated Terms & Conditions applicable to the account;
The Notice of Assignment;
The Termination Notice;
The Default Notice;
Any other documents mentioned in the Particulars of Claim;

16. Claimant's Solicitor has not sent any of these documents to me.

17. Preliminary issues, The claimants solicitor failed to reply to request for more information
On the 22 September 2020 under “Pre Action Protocol request” (section 4; Box I)
I requested ;- copy of default notice,

18. Claimant's Solicitor nor the Claimant has sent a copy of compliant Default notice to me.

19. Both the Claimant's Solicitor and the Claimant has failed to supply me copy of default notice containing all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations').

20. The Consumer Credit Act 1974 states before a creditor can terminate the agreement and demand an accelerated sum of money under the agreement, they must serve a default notice and allow at least 14 days to remedy. HSBC RE M&S failed to comply with that requirement, the agreement was wrongfully terminated and Cabot Financial (UK) Limited. Have no right to claim the sums as alleged

21. Further, the Claimant is not authorised to carry on the activity of Debt Collection or Administration by the Financial Conduct Authority. Collection of a debt arising from a regulated Consumer Credit agreement constitutes a Regulated Activity within the meaning of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (‘RAO’) (Section 39F) and therefore the Claimant is acting in contravention of Section 19 of the FSMA 2000 and is not entitled to bring this claim.

22. 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.

23. 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. The Claimant should provide copies of the Agreement, Default Notice, Deed of Assignment and Notice of Assignment.

24. 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.

25. 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 _______ December 2020 ____

[unluckyjim]

claim date 1 december 2020, what is my last date to submit defence, is it 30 days from 1 december 2020?

[MIKE770]

Check dates

[unluckyjim]

hi , just about to check dates , is it 28 days from date on claim

[unluckyjim]

hi guys, could some one look over my defence, does it look ok?...

many thanks

[ostell]

Defence must be received by the court 28 days after acknowledging or 33 days after issue date, whichever is the least

[unluckyjim]

great many thanks, i am just going through some old paper work, and just come across agreement and it states......

" parties to the agreement , the agreement is between us,Marks & Spencer Financial services plc and you the customer Mr xxxxxxxxxxx"

CLAIMANT states in poc ON CLAIM FORM agreement was with HSBC RE M&S ?

DOES THIS AFFECT MY DEFENCE ???????