County Court Claim - Cabot Financial / Mortimer Clarke Solicitors

[Amethyst]

On the assignment line... their particulars of claim say only...

The Agreement was assigned to the Claimant

so your defence would say something like....

7.The Claimants statement of case states that the account was assigned from New Day to the Claimant however fails to give any date of evidence of any legal assignment. The Defendant does not recall receiving notice of this assignment and puts the Claimant to strict proof.

Your CPR 31.14 letter has asked for that evidence anyway.

[Amethyst]

Just looking at the defence letter now whilst I have access to microsoft and this line here:

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement]with [Original Creditor /Claimant] for provision of credit.

I am assuming that I am putting: It is admitted that the Defendant has previously entered into an agreement with Aqua for provision of credit.....? As I have admitted to having the debt (now I know who this is ultimately referring to but my offer of repayment was refused.

I'd go with something like

4. It is neither admitted nor denied that the Defendant entered into an agreement with New Day t/as Aqua or the Claimant for provision of credit. The Defendant is unable to plead fully in the absence of further information from the Claimant.

[Jellard86]

Thank you, so I need to put:

4.It is denied that the Defendant has previously entered into an agreement Original Creditor for provision of credit?

I am also stuck on the following:

Which options am I deleting, I cant make it out from what I have sent as it mentions sections 77-79 in the CCA letter:

13.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.

Am I just removing the line right up to the green part and just leaving that in or delete it all:

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

What is the 'relief' talked about here?

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

[Amethyst]

Thank you, so I need to put:

4.It is denied that the Defendant has previously entered into an agreement Original Creditor for provision of credit?

No cause that'd be fibbing.... you can say neither admitted nor denied....because although you know you had the card you don't know if you entered into a specific agreement and whether this claim is for that specific agreement until they provide some kind of documentation ( semantics I know )

4. It is neither admitted nor denied that the Defendant entered into an agreement with New Day t/as Aqua or the Claimant for provision of credit. The Defendant is unable to plead fully in the absence of further information from the Claimant.

I am also stuck on the following:

Which options am I deleting, I cant make it out from what I have sent as it mentions sections 77-79 in the CCA letter:

13.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.

It's a credit card - thus 'running credit' - this s78(1) and s78(6) ..... so you remove the s77(1) and s77(4) bits ( as they apply to a fixed term loan).

Am I just removing the line right up to the green part and just leaving that in or delete it all:

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

They haven't mentioned the extension at all have they ? so go with....

14. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond to the request.

What is the 'relief' talked about here?

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

Relief (in this instance) is the money they are claiming ( plus the interest and court fee etc ) you can change relief to 'sums' if you prefer

[Amethyst]

On the s78 bit...

this is the parts you are quoting...

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

and if they don't do it... they get the consequence of s78(6) thus....

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

[Jellard86]

Thank you for you help. Do I just paste this on to the online defence portal or will they want an attachment with my signature?

[Amethyst]

Online portal is fine xx

[Jellard86]

Thank you so much, have a lovely Easter break

[Jellard86]

Sorry one more question (I hope) and may seem obvious so sorry for that.....I don't wish to make a counterclaim do I?

[pt2537]

Sorry one more question (I hope) and may seem obvious so sorry for that.....I don't wish to make a counterclaim do I?

we dont know, do you? Is there a claim you have against the Claimant? If you have a counterclaim but dont bring it then you lose the chance to do so, however only you can tell if you have a counterclaim or not

[Jellard86]

I am assuming not, I don't want to claim anything from them. I have logged the defence, what happens now?

[pt2537]

I am assuming not, I don't want to claim anything from them. I have logged the defence, what happens now?

The defence gets served on the Claimant, they have 33 days to notify the Court if they wish to proceed, if they dont the claim gets stayed, which in my view is a bad thing, if they do decide to proceed you will get a Court order for directions questionnaires

[Jellard86]

pt2537 I dont know what that means? Sorry!

[pt2537]

pt2537 I dont know what that means? Sorry!

you asked what happens now

1) The court sends the Claimant the Defence
2) The claimant now has three options
3) The Claimant either abandons the claim, or he fails to reply to the Court within the 33 days at which point the Claim is placed on hold or he tells the Court he wants to go ahead
4) depending on the above you could get a Court order telling you what to do

[CLL1]

we dont know, do you? Is there a claim you have against the Claimant? If you have a counterclaim but dont bring it then you lose the chance to do so, however only you can tell if you have a counterclaim or not

You do not "lose the right" to pursue a counterclaim in those circumstances...