Cabot Financial - RE Aqua New Day Court Claim

[mrmonkey]

Yes looking at it i see what you mean, i think i will have to go with the technicality way, if they had sent a default notice would they not have provided it with everything else?, ` no default filed until cabot had it, i mean as far as we are aware we have never had in our possession or seen a default notice.

[mrmonkey]

The letters that are supposedly a record of letters sent from Aqua why would July 2019 be on the log ?

[Amethyst]

That is the question ... it also doesn't list the letters that they have sent you between July 2018 and July 2019 ( the account suspended letter etc ) did you SAR Aqua or anything ? Any letter from Aqua or NewDay earlier this month ?

[mrmonkey]

nothing at all.

[mrmonkey]

Ok so i am presuming as i am filing defence on line i can do this on the Sunday the 28th?
Is the Technicality the fact we have recieved no Default letter non has ben proven to be sent as the only information they are offering is a system screen showing what is supposed to be the default letter going out and the fact it can not be taken to court if there has been no default letter issued ?
Sometimes its seems so clear then goes back to being So cloudy .

[Amethyst]

Yes up to Monday 4pm.

To call in the debt, anything other than arrears, they need to default, send you a default notice to enable you to rectify things, wait for the clear 14 days, and the default the account making them entitled to terminate or claim the full amount.

example for defence

It is denied that [Original Creditor]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.




and legislation

https://www.legislation.gov.uk/ukpga/1974/39/section/87

[mrmonkey]

Amethyst glad you removed the clone account btw nearly wrong clicked that one before now.

i have put down a defense not sure if its to much or worded right etc, i would be grateful if you could have a check over for me.


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 xx/xx/2019.

2.This claim is for a Credit agreement regulated under the Consumer Credit Act 1974 between the Defendant and Aqua New day ltd.

3.The particulars of claim are vague as to what the debt is for and to whom the original creditor was.

4. On the xx/xx/2019 the Defendant submitted a request for information pursuant to CPR part 18 to xxxxx Solicitors she requested the Claimant provide the following information,

4.1, On what date was the notice of assignment issued ?
4.2, On what date was the account terminated ?
4.3, What were the minimum payments due ?
4.4, What minimum payments were unpaid ?
4.5, Was a Default Notice issued by New Day Ltd ?
4.6, If so, on what date was the default notice issued ?
4.7, What was the remedy date on the Default Notice ?
4.8, What was the remedy amount on the Default Notice ?

5. On the xx/xx/2019 the Defendant recieved the requested information and copies of that information except for the Default Notice.

6,The claimant states the account defaulted on the 19th june 2018.
The only evidence offered of this by the claimant was a printout of unamed dates of when letters were supposedly sent to the Defendant of which one is supposed to be the Default Notice.

7. The printout of letters sent to the defendant which the claimant states includes the Default notice (of which no evidence has been presented of the actual default notice), has 2 more letters showing as being sent after the aforementioned default Notice dated the 10/07/2018 and 18/07/2019.
The printout does not show the letters of arrears Aqua sent the defendant on the 01/08/2018 or the letter of arrears it sent the defendant on the 01/11/2018.
it also does not show the account suspension letters Aqua sent the Defendant on 03/9/2018 or the account suspension letters on the 01/10/2018 and the 01/11/2018.

8.As the letter for payment for arrears was requested 4 months plus from the stated default date, It is denied that Aqua New day 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.


Statement of Truth

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

Signed ________________________________

Dated ________________________________

[mrmonkey]

Hi Amethyst i was wondering if the above seemed an ok defense or was long winded and should be more to the point and short like the example you used, i have to have this in by 4pm so any opinion before then would be greatfull.

Thanks for your time.

[Amethyst]

Just having a look xxx

[Amethyst]

Okay going to have a bit of a fiddle with it, give me half hour xxx

[Amethyst]

pt2537 - okay struggling with pleading on just the lack of default - should we spell out consequences to the court ?

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 Northampton County Court Business centre on the xx/xx/2019.

2.The claim is for a running credit agreement (Credit Card) regulated under the Consumer Credit Act 1974 between the Defendant and New Day Ltd ( Aqua ).

3.The Claimant's statement of case states that the Defendant 'failed to make the minimum payments due & the Agreement was Terminated' without disclosing what minimum payments were due, or how, or when, the account came to be terminated.

5: Under the Consumer Credit Act 1974 s.87 it is a requirement for a notice in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983 is served upon the Debtor in order to terminate and enforce the agreement.

6: It is denied that the original creditor served a Default Notice on the Defendant.

A default notice is more than a procedural requirement for recovery; it is necessary in order to found the cause of action.Absence of a valid default notice gives the debtor a complete defence. CCA s87 provides that without a default notice there is no right to demand accelerated payment of the balance. It therefore does not merely impose a procedural requirement, but qualifies the creditor’s substantive legal rights.( Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12)

7espite requests made to the Claimant they have not provided any evidence that a Default notice was ever issued to the Defendant nor the contents of such alleged Default Notice. The Claimant alleges a Default Notice was issued on 19th June 2018, and gave 21 days to rectify the arrears balance however w

ithin documents produced to me by the Claimant are copies of invoices requesting payment of arrears that are dated beyond the date that the Claimant alleges the account defaulted.

8: 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.

9: The Claimant is unable to enforce the alleged agreement and the claim is denied.

Statement of Truth

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

Signed ________________________________

Dated ________________________________

[mrmonkey]

wow amazing, and it always reads so good, concise ty.

[pt2537]

Id create about the failure to serve the default notice prejudicing the defendant, no notice means no information on the defendants rights etc to a time order ......