Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

[Don Quixote]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

As a holding defence, it looks OK. I would strengthen item 6 to state you deny receiving a Notice of Assignment – the pleaded case actually omits the date of assignment (careless filling of template) and hence the period when you were supposedly informed.

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Ok so adjust item 6,

i must admit you have lost me a little with careless filling of template?

[Don Quixote]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Mortimer Clarke send claims out by the bucketload, and use templates to fill in. They don’t really bother looking at the details – that’s why they make so many mistakes and waste so many people’s time.

It’s always worth drawing such poor drafting to the court’s attention.

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

It now makes more sense i thought it was my filling in of the defence template.

Time scales how long do i have?

[Kati]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

It now makes more sense i thought it was my filling in of the defence template.

Time scales how long do i have?

with your 33 days from date of issue and an extra 28 days extension ... it is due in tomorrow!!

From Monday, 15 December 2014
Added 33 days

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Result: Saturday, 17 January 2015

From Saturday, 17 January 2015
Added 28 days

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Result: Saturday, 14 February 2015

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

thanks i thought so,i will have it all finished later its a struggle at work.
I will post it for a final check before i send it.

Thanks Paul

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Hi all,

I have adjusted 6,
I hope all is good as i just want to get is sent soon as
Thanks Paul


1: I received the claim A3CD925Y from the Northampton County Court on 19 December 2014

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 Card agreement regulated under the Consumer Credit Act 1974

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

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Lloyds TSB to Cabot Financial (Uk) limited . The Defendant has denied received notice of this assignment. The pleaded case actually omitted the date of assignment and hence the period of when the defendant was supposedly informed.

7. It is denied that Lloyds TSB 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.

8: On the 30 December 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors ltd. I requested the Claimant provide copies of the Agreement .

9. Mortimer Clarke Solicitors Ltd has not sent any of these documents to me.

10. On the 30 december 2014 I sent a formal request for a copy of the original agreement to Cabot Financial (uk) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has 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.

[12: 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),The Parties agreed to an extension to the time period allowed for filing of my 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.

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 .................................................. ....


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