Is this a POC or a POS

[Amethyst]

Re: Is this a POC or a POS

CPR request and their response - all fine and standard And you have done everything correct to date so just a case of getting your defence in now.

You can submit by email to the ccbcdefendants@hmcts.gsi.gov.uk email address.

Subject Line - DEFENCE - Cabot Financial v VolvoDriver - Claim No,. XXXXXX

Dear Court Manager

Please find attached defence submission in the case Cabot Financial v VolvoDriver - Claim No,. XXXXXX

I would be grateful if you confirm safe receipt.

Kind regards

Volvodriver


Then print your defence to a PDF and attach it to the email.

I'll get a draft for you now.

Needs to be laid out like this, and it does need to be signed, electronically is ok, but better your proper signature - you can print it out sign it then scan it in. I use Adobe PDF thingy and have a scan of my signature stored in my computer which I pop in the relevant place on completed docs.

[volvodriver]

Re: Is this a POC or a POS

The automated thanks button isn't good enough.

Thank you!

[Amethyst]

Re: Is this a POC or a POS

Okay this should be a good start - need to check the xxxxx-'s bits and obviously read and make sure I have all the facts right.


-------------------------------------


1: I received the claim [Claim Number] from the Northampton County Court on 15th December 2014.

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

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974. It is alleged there is a contract between Halifax and myself dated September 2005. I do not have a copy of this agreement and do not have records from that period. Therefore I am unable to verify whether an agreement was entered into and what the terms of that agreement were. I am also unable to verify if the amount claimed is correct as there is no detail of how that amount has been reached. NOTE to VD: add in about the account number if it is wrong or anything

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The Claimants entire statement of case reads

''The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax - Credit Card dated on or around Sep 07 2005 and assigned to the Claimant on Jul 15 2014 in the sum of xxxxx.xx
PARTICULARS a/c no xxxxxxxxxxxxxxxx''

6. The Claimants statement of case states that the account was assigned from Halifax to Cabot on July 15th 2014. The Defendant does not recall receiving notice of this assignment. I do not recall having had any communication from Cabot before receiving the claim pack from the court.

7. It is denied that Halifax served any Default notice pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served.

8: On the 29th December, in order to find out more information about the claim, I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors who are acting on behalf of the Claimant. I requested the Claimant provide copies of the Agreement/Contract and Default Notice.

9. On the xxxxxxxx I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. I have not received any documents from the Claimant. They have 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 while this default continues. The Claimant has stated in writing that they will take 40 days to comply with this request, considering the time for response specified by the Consumer Credit Act 1974 is 12 working days, and the Claimant bought this claim in to the court without having had sight of the documents, this concerns me.

11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined and asked me to enter a defence stating I have not had any documents. This does not seem to be in line with the overriding objectives.

13. 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.

14. 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.

15. 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.

16. 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 .................................................. ....

[Amethyst]

Re: Is this a POC or a POS

The automated thanks button isn't good enough.

Thank you!

BAh it's fine, I'm just sorry you've not been answered for a while and have been dealing with this on your own xxx

Feel free to post any questions at all.

No documents need to be attached to the defence at this stage.

Once this is entered you should get a letter from the court saying it has been sent to the claimant ( send them a copy yourself too if you like, but would have to be sent to them by post as they are a bit snarky about email service )

Then the claimant has 28 days to come back to say if they want to carry on, which basically relies on whether they find an agreement for the claim or not, so really we have to play it by ear xx

[volvodriver]

Re: Is this a POC or a POS

Defence

Thanks

Vdr

[Amethyst]

Re: Is this a POC or a POS

Hi, That looks good, I did have an inkling you might be fast track, but since they haven't actually mentioned any bloody documents in their extremely vague POC there wasn't much point doing an application to force compliance with the CPR request. Hopefully the defence will get a directions order from the judge once you've been allocated to a court.
Just let us know soon as you hear anything and remeber it's always fine toreport your own post of pm someone if your posts get missed xx
Good luck
Sharon
xxx

[gallahad]

Re: Is this a POC or a POS

Amethyst this is very similar to my case with Restons do you mind if I crib a little from VDs draft as I am struggling?
G

[Amethyst]

Re: Is this a POC or a POS

Go for your life xxxx

[volvodriver]

Re: Is this a POC or a POS

Sanitised defence in Word 97 format.

If anyone wants Word 6/95 it will take aq few minutes.

Vdr

[volvodriver]

Re: Is this a POC or a POS

Hi, That looks good, I did have an inkling you might be fast track, but since they haven't actually mentioned any bloody documents in their extremely vague POC there wasn't much point doing an application to force compliance with the CPR request. Hopefully the defence will get a directions order from the judge once you've been allocated to a court.
Just let us know soon as you hear anything and remeber it's always fine toreport your own post of pm someone if your posts get missed xx
Good luck
Sharon
xxx

If fast track is +10k then it will be so.

Does it make can lot of difference?

I suspect they don't have a CCA from 2005 else Halifax would have had a go themselves rather than selling it for pennies.


Vdr

[volvodriver]

Re: Is this a POC or a POS

I received a letter from the nice peole at Restons today, saying that they had received my defence.

They say that I should have lots of documents myself, they say the claim is quite simple, and ask me to revert back to any records I may hold.

They claim that I said they had not corresponded with me, I did not say that, I said that they had supplied no documents.

They refer to terms in the credit agreement which, since they have not supplied it, I doubt they have at present.

They refer to the conduct of the account, but since no statements have been provided I fail to see how they justify their assertions.

They then say that they are awaiting copies of the necessary documents, and say that their client is anxious to settle this amicably should I wish to make a reasonable offer.

I think not.

I will scan the letter early next week and post it up. They dont mention what date the defence was served on them, but already they are out of time on the CCA and the clock is ticking on the 28 days they have to decide what to do.

Watch this space.

And thanks again.

Vdr

[volvodriver]

Re: Is this a POC or a POS

Update.

Received a large bundle of docs from Cabot yesterday including a credit agreement which I signed, and some terms and conditions. Will scan it all up this afternoon.

One obvious omission is statements from inception (2005) to 2009. Is this fatal? Given the quality of everything else supplied, it would seem they don't have those statements.

More later.

Vdr

[volvodriver]

Re: Is this a POC or a POS

Hello

Here is what Halifax. in their letter to Cabot say "I enclose a copy of the original signed agreement"

Cabot tell me "please find enclosed all of the relevant information following your request for information under section [77-78] of the Consumer Credit Act."

I suspect they have complied with that, but I would be interested in any comments on the actual document.

[volvodriver]

Re: Is this a POC or a POS

As a matter of fact I disagree that this is a copy of the original as it does not show an account number. Were it to do so it would show a different ac number for the one under which I am being sued since the early statements I have found differ from those supplied by Halifax which only go back to 2009, which wads I suspect when HBOS was taken over by LLoyds.

I have two sets of T&Cs, one from Halifax, one from Bank of Scotland. These they say are the T&Cs at the start and end of the agreement. Both have codes on the which could be date codes, neither are clearly dated.

So Cabot have supplied a responnse to a CCA request.

Restons tell me they are obtaining copies of the necessary documents - I dont know what documents they are waiting for since they made nonsense of my CPR request.

The CCA request from Cabot has no statements prior to January 2009.

Advice on next steps please, and any guesses what Restons will do next.

Thanks

Vdr

[volvodriver]

Re: Is this a POC or a POS

Stayed 17 February.

To strike out, or to lay low, that is the question.

Thanks again for the defence.

The gamble is whether or not they can find the original signed credit agreement. They certainly can't enforce on what Cabot sent in the CCA request.

Is silence golden? Does every cloud have a silver lining? Or are the storm clouds massing?

Vdr