Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

[Amethyst]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Don't panic. The court is correct ( well, Matthew at Admin Office is ) The agreement is between the parties purusant to CPR 15.5, and you are, as defendant, obliged to note it with the court, as you have done.

Should the claimant apply for a default judgment while you are in the AGREED extension period then it will be easy to set that judgment aside and claim costs from the claimant.

Did the claimant via their solicitor actually agree to the 28 days extension or was it just that ' we're putting things on hold while we try find docs' letter ? Actually looking back is this it ? http://legalbeagles.info/forums/atta...5&d=1455741519 - it is a bit vague. Maybe just email them and thank them for their letter, and ask them to confirm that the agreed extension pursuant to CPR 15.5 is until XXXX DATE XXXX at which point you will be filing your defence. So I'd tend to agree with Matthew on that point, but it isn't a major 'panic' issue by any means xxx

XXX DATE XXXX add 28 days to your original defence date ( which is 33 days from date of issue on the claim form )

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Don't panic. The court is correct ( well, Matthew at Admin Office is ) The agreement is between the parties purusant to CPR 15.5, and you are, as defendant, obliged to note it with the court, as you have done.

Should the claimant apply for a default judgment while you are in the AGREED extension period then it will be easy to set that judgment aside and claim costs from the claimant.

Did the claimant via their solicitor actually agree to the 28 days extension or was it just that ' we're putting things on hold while we try find docs' letter ? Actually looking back is this it ? http://legalbeagles.info/forums/atta...5&d=1455741519 - it is a bit vague. Maybe just email them and thank them for their letter, and ask them to confirm that the agreed extension pursuant to CPR 15.5 is until XXXX DATE XXXX at which point you will be filing your defence. So I'd tend to agree with Matthew on that point, but it isn't a major 'panic' issue by any means xxx

XXX DATE XXXX add 28 days to your original defence date ( which is 33 days from date of issue on the claim form )

thank you thank you thank you for replying so quickly! i agree about it being vague and should have realised that myself before now but i will write email to the solicitors right now as per your advice,
thank you again for such quick reply (am still panicking though!!!!!!)

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Don't panic. The court is correct ( well, Matthew at Admin Office is ) The agreement is between the parties purusant to CPR 15.5, and you are, as defendant, obliged to note it with the court, as you have done.

Should the claimant apply for a default judgment while you are in the AGREED extension period then it will be easy to set that judgment aside and claim costs from the claimant.

Did the claimant via their solicitor actually agree to the 28 days extension or was it just that ' we're putting things on hold while we try find docs' letter ? Actually looking back is this it ? http://legalbeagles.info/forums/atta...5&d=1455741519 - it is a bit vague. Maybe just email them and thank them for their letter, and ask them to confirm that the agreed extension pursuant to CPR 15.5 is until XXXX DATE XXXX at which point you will be filing your defence. So I'd tend to agree with Matthew on that point, but it isn't a major 'panic' issue by any means xxx

XXX DATE XXXX add 28 days to your original defence date ( which is 33 days from date of issue on the claim form )

Hi again!!!
I sent email to solicitors 2days ago asking them to confirm date extension runs to but still had no response so was just wondering do i wait or should I put a defence in now?
I'm thinking i probably need to wait after they agreed the time extension but as they arent confirming the date that the extension runs to nor have they confirmed if/when they will supply the requested documentation. So i'm worried they will file for to get a default judgement as the way things stand at the moment from what the email from court said and you have helped clarify they are able to do that if they want to (and i appreciate your info about being able to apply to have it set aside if they do - but its just a scary thought and very worrying incase they get away with it due to me not doing everything in the process correctly!)
thanks again for everyones time and advice its greatly appreciated

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Don't panic. The court is correct ( well, Matthew at Admin Office is ) The agreement is between the parties purusant to CPR 15.5, and you are, as defendant, obliged to note it with the court, as you have done.

Should the claimant apply for a default judgment while you are in the AGREED extension period then it will be easy to set that judgment aside and claim costs from the claimant.

Did the claimant via their solicitor actually agree to the 28 days extension or was it just that ' we're putting things on hold while we try find docs' letter ? Actually looking back is this it ? http://legalbeagles.info/forums/atta...5&d=1455741519 - it is a bit vague. Maybe just email them and thank them for their letter, and ask them to confirm that the agreed extension pursuant to CPR 15.5 is until XXXX DATE XXXX at which point you will be filing your defence. So I'd tend to agree with Matthew on that point, but it isn't a major 'panic' issue by any means xxx

XXX DATE XXXX add 28 days to your original defence date ( which is 33 days from date of issue on the claim form )

hi again everyone
I have a bit more to update on how this is going so am hoping one(or more) of you kind folk might take a look and give me your opinions/advice on how to progress from here.

so to update:-
Taking Amethyst's kind advice I sent an email to mortimer clarke on the 25th feb asking them to confirm that the exact date the extension of 28days will be 21march. and to remind them of my cpr31.14 request i had already made as the documents still hadnt been provided. I had a read receipt for the email and I had asked for a reply via email as the time limits are so close that would be the quickest way for me to get their response. but i got no reply!

then this morning I received a letter dated 3/3/16 from them in the post. This i am assuming is their response to my email(although they have date wrong) and they still do not answer my specific request for confirmation of exact date of agreed extension so am no further forward with that! Although i had also emailed the courts again as I was confused and panicked and receive reply from the court stating
"Thank you for your email, I can confirm the court received a confirmation on the 19^th February 2016 that an agreement was made to allow an extra 28 days to file your defence. I hope this assists you with your query"
And the status of online claim is still "defence" which i have started but not completed yet so they havent gone for a default judgement yet!

So with the letter from mortimer clarke They have attatched a copy (albeit it a partial one as it looks as though there should be more pages to it)of a notice of assignment they claim was sent to me- I have never received this (or had any letters at all for that matter!)and the address on it is correct so its not like they can claim it went to an old address or anything like that.

They now also give a bit more detail as to what the claim is actually for so i have no idea whether they already had this info and just didnt bother to include it on the claim form (or provide it in the first reply to my cpr31.request they sent me) or if they have only just got it themself.

however this is the only document/info they have given so they still have not complied as I had requested 3 documents mentioned in their particulars of claim, which I are 1)the agreement 2)notice of termination 3)notice of assignment -

only the partial copy of notice of assignement has been provided!

There letter did include info not previously given - They now give an agreement number for original company and an exact date the agreement was supposed to have been entered into (rather than the "on or around" that was on the claim form)and date it was terminated on.
Also the date which the debt was assigned to their client.

I have checked my credit acount on noddle and there is record for cabot financial(europe)ltd startin in oct 2015 the balance being the original alledged debt amount of £4424 in oct, nov, dec. then rises in jan to £4689 to include court costs i assume!
The default date is 12/4/2011 which is the date they gave in their letter as the date the agreement was terminated,

Does any one know is there a difference between cabot financial (europe)ltd and cabot financial (uk)ltd and should all documents be consistently from one or the other or does it not matter?

I still have had no contact from cabot themself, either prior to this whole claim or in response to my cca request.

So what does anyone advise is the best action to take next- should i get my defence in straight away or wait until closer to the 21/3/16? or what about the possibility of submitting an un less order application to make them provide the documention or have the case struck out/stayed?

thanks in advance again to all who take the time to read and reply- i'm very greatful for the help!!

[nemesis45]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Good morning John, responding to your PM.
Ok .

Cabot Financial (Europe) Ltd is a debt purchaser and Cabot Financial (UK) Ltd. Hold the debt portfolio and manages it .

Cabot Financial (UK) Ltd is usually the claimant on the court forms.

If there is still no agreement then Cabot cannot enforce the debt. Mortimer Clarkes Letter is their usual time wasting nonsense.

Have Cabot even acknowledged receipt of the CCA request? Don't chase the CCA request, but chase Mortimer Clarke for the CPR.

Do you agree the default date is correct?

Have a look round some of the other Cabot/ Capone threads and the defences so you get a good idea of content and format then got to the "short cuts" green box above for a defence template make a draft and post here then we can go through it with you.

nem

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Good morning John, responding to your PM.
Ok .

Cabot Financial (Europe) Ltd is a debt purchaser and Cabot Financial (UK) Ltd. Hold the debt portfolio and manages it .

Cabot Financial (UK) Ltd is usually the claimant on the court forms.

If there is still no agreement then Cabot cannot enforce the debt. Mortimer Clarkes Letter is their usual time wasting nonsense.

Have Cabot even acknowledged receipt of the CCA request? Don't chase the CCA request, but chase Mortimer Clarke for the CPR.

Do you agree the default date is correct?

Have a look round some of the other Cabot/ Capone threads and the defences so you get a good idea of content and format then got to the "short cuts" green box above for a defence template make a draft and post here then we can go through it with you.

nem

hi nem
thank you so much for taking the time to reply to me

no cabot havent even acknowledged receipt (i sent it signed for post & have the postage receipt. the tracking shows it was signed for by "cabot" the day after posting. i also have the receipt for the £1postal order that i sent with it for stat. fee)

I have actually never had any correspondance from cabot at all - until the claim landed on my doormat!

I really have no idea whether the default date is right or not as although i did have a capital one credit card a while back I dont think i have any of the old paperwork and havent had any correspondance from them in absolutly ages!! but the date does fit with when everything went pear shaped for a while.

I have asked mortimer for twice now once in letter through post to which the responded agreeing extension but gave non of requested documents
so asked again by email, to which instead of getting an email back, i got a reply in the post instead( which is the last attatchment on this thread, they included the supposed notice of assignment which appears to be from capital one and has pg1 of 6 written up the side) so have no idea what was on the other 5pages as i never got this as they claim i should have.

i'll get started on my defence this afternoon and will hopefully post it later today and would be greatful for you going through it with me

thanks again for being such a massive help

[nemesis45]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

hi nem
thank you so much for taking the time to reply to me

no cabot havent even acknowledged receipt (i sent it signed for post & have the postage receipt. the tracking shows it was signed for by "cabot" the day after posting. i also have the receipt for the £1postal order that i sent with it for stat. fee)

I have actually never had any correspondance from cabot at all - until the claim landed on my doormat!

I really have no idea whether the default date is right or not as although i did have a capital one credit card a while back I dont think i have any of the old paperwork and havent had any correspondance from them in absolutly ages!! but the date does fit with when everything went pear shaped for a while.

I have asked mortimer for twice now once in letter through post to which the responded agreeing extension but gave non of requested documents
so asked again by email, to which instead of getting an email back, i got a reply in the post instead( which is the last attatchment on this thread, they included the supposed notice of assignment which appears to be from capital one and has pg1 of 6 written up the side) so have no idea what was on the other 5pages as i never got this as they claim i should have.

i'll get started on my defence this afternoon and will hopefully post it later today and would be greatful for you going through it with me

thanks again for being such a massive help

Happy to help John,

If you need me just tag [MENTION=55034]nemesis45[/MENTION] and I'll pick up on the thread.

nem

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Happy to help John,

If you need me just tag @nemesis45 and I'll pick up on the thread.

nem

@nemesis45
hiagain nem

I'm just busy drafting my defence but am hoping for a quick bit of advice/clarification on something if you can help please as i have this nagging feeling that something is not quite right and I'm overlooking something!on the claim form the claimant is named as cabot financial (uk) limited
1 kingshill avenue
kings hill
west malling
kent
me19 4ua
At the time of sending my cca request i only had the info from claim form to go from as that was the first contact i had got about the alleged debt, so i sent cca request to the name and address of claimant (as shown above),

I had no further info to go on other than the claimants & solicitors names & addresses on claim form until the solicitors wrote back to my 2nd cpr request letter in which they enclosed a copy of an assignment notice (apparently from capital one) that they say was sent at the time of assignment.(i did not receive it if they did send it!!!!)

But in that notice its "cabot credit management group" that the debt was assigned to. The notice goes on to say "The enclosed letter provides details of how you can contact the cabot credit management group"
But a copy of that "enclosed letter" wasn't included - so I still don't actually know where exactly i am/was meant to send any correspondance.

I know you already helped clarify for me that they are all part and parcel of same company but this is where my nagging feeling comes into it!
do you think they can turn round and say they have not had a valid cca request made to them as I sent it to "cabot financial (uk)limited" and as the authorisation by fca for that name lapsed in feb 2015 its not regulated by the fca- however looking at fca register "cabot credit management group" comes under a number of options of regulated firms
1)cabot financial (europe)limited-same address
2)apex credit management limited-different address
and also possibly
3)cabot financial (marlin)limited-different address

so my main questions are
1)Does this mean that cabot financial (uk) do not have to comply with the cca request as they are regulated by the fca?

2)Do you think i should have sent cca to one of the regulated parts of the company at another address/name (even though i haven't a clue which one it would be) or is it ok that i sent it to the claimant name and address on the claim form?my sincere thanks again and apologies if i'm asking something stupid its just all rather confusing and after reading lots while researching my defence from previous posts on here - i know that cabot/mortimer can be underhanded at times and don't want to make any stupid mistakes!

[nemesis45]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

@nemesis45
hiagain nem

I'm just busy drafting my defence but am hoping for a quick bit of advice/clarification on something if you can help please as i have this nagging feeling that something is not quite right and I'm overlooking something!on the claim form the claimant is named as cabot financial (uk) limited
1 kingshill avenue
kings hill
west malling
kent
me19 4ua
At the time of sending my cca request i only had the info from claim form to go from as that was the first contact i had got about the alleged debt, so i sent cca request to the name and address of claimant (as shown above),

I had no further info to go on other than the claimants & solicitors names & addresses on claim form until the solicitors wrote back to my 2nd cpr request letter in which they enclosed a copy of an assignment notice (apparently from capital one) that they say was sent at the time of assignment.(i did not receive it if they did send it!!!!)

But in that notice its "cabot credit management group" that the debt was assigned to. The notice goes on to say "The enclosed letter provides details of how you can contact the cabot credit management group"
But a copy of that "enclosed letter" wasn't included - so I still don't actually know where exactly i am/was meant to send any correspondance.

I know you already helped clarify for me that they are all part and parcel of same company but this is where my nagging feeling comes into it!
do you think they can turn round and say they have not had a valid cca request made to them as I sent it to "cabot financial (uk)limited" and as the authorisation by fca for that name lapsed in feb 2015 its not regulated by the fca- however looking at fca register "cabot credit management group" comes under a number of options of regulated firms
1)cabot financial (europe)limited-same address
2)apex credit management limited-different address
and also possibly
3)cabot financial (marlin)limited-different address

so my main questions are
1)Does this mean that cabot financial (uk) do not have to comply with the cca request as they are regulated by the fca?

2)Do you think i should have sent cca to one of the regulated parts of the company at another address/name (even though i haven't a clue which one it would be) or is it ok that i sent it to the claimant name and address on the claim form?my sincere thanks again and apologies if i'm asking something stupid its just all rather confusing and after reading lots while researching my defence from previous posts on here - i know that cabot/mortimer can be underhanded at times and don't want to make any stupid mistakes!

John there is no problem with licensing Cabot Management Group is the parent of all the other trading styles and " authorises the other part of the group as " authorised representatives a status recognised by the FCA.

Cabot Financial ( UK) Ltd should comply with a CCA request.

All this nonsense seems to be deliberate stalling tactics in collusion with the various " solicitors" involved with the Cabot group.

Stick with the names and addresses as on the claim form, disregard the others, in they claim not to have received any documents statutory fees etc. you need to have the signed for post receipt, a photocopy of the postal order with " for statutory fee only written on it and the signed for post detail i.e. date and signature, any nonsense can then be reported to the FCA.

nem

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

John there is no problem with licensing Cabot Management Group is the parent of all the other trading styles and " authorises the other part of the group as " authorised representatives a status recognised by the FCA.

Cabot Financial ( UK) Ltd should comply with a CCA request.

All this nonsense seems to be deliberate stalling tactics in collusion with the various " solicitors" involved with the Cabot group.

Stick with the names and addresses as on the claim form, disregard the others, in they claim not to have received any documents statutory fees etc. you need to have the signed for post receipt, a photocopy of the postal order with " for statutory fee only written on it and the signed for post detail i.e. date and signature, any nonsense can then be reported to the FCA.

nem

[MENTION=55034]nemesis45[/MENTION]
Thank you. So much forthat nem!! Thats exactly what i needed to help get my head straight as was getting side tracked/put off course with all the new/different names ect that have cropped up since receiving the claim form, so was getting a bit worried i was missing something

Although i still might have i put the postal order for £1 straight in the envelope with my cca letter at postoffice when i bought it so didnt photocopy it!! I did have the post office print the name on it though and i have a printed postoffice receipt for it which shows their name as the person it was made payable to and all the other details from the postal order are on there too eg.serial number,amount,date,time
, i dont think that "for statutory fee" was on it though :/ but i did put in the cca letter that the enclosed postalorder was for the statutory fee payment required only and under no circumstances should it be used against any alledged debt or for any other purpose and that should it not be used for the payment of the cca request statutory fee that it should be returned to me. I have thposigned for 1st class postage receipt and the tracking to show it was signed for at their address the following day by "cabot"
Have i messed up??

[nemesis45]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

@nemesis45
Thank you. So much forthat nem!! Thats exactly what i needed to help get my head straight as was getting side tracked/put off course with all the new/different names ect that have cropped up since receiving the claim form, so was getting a bit worried i was missing something

Although i still might have i put the postal order for £1 straight in the envelope with my cca letter at postoffice when i bought it so didnt photocopy it!! I did have the post office print the name on it though and i have a printed postoffice receipt for it which shows their name as the person it was made payable to and all the other details from the postal order are on there too eg.serial number,amount,date,time
, i dont think that "for statutory fee" was on it though :/ but i did put in the cca letter that the enclosed postalorder was for the statutory fee payment required only and under no circumstances should it be used against any alledged debt or for any other purpose and that should it not be used for the payment of the cca request statutory fee that it should be returned to me. I have thposigned for 1st class postage receipt and the tracking to show it was signed for at their address the following day by "cabot"
Have i messed up??

No that's fine you have enough to combat any problems.

nem

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

No that's fine you have enough to combat any problems.

nem

[MENTION=55034]nemesis45[/MENTION]
Good evening.
Is there any chance you could take a quick look through my draft defence please and give any advice if i've omitted or included anything i shouldn't have please

Statement of Truth

1: I received the claim xxxxxxxx from the County Court Business
Centre Northampton on 25/1/2016


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 Capital One 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 Claimants statement of case states that the account was
assigned from Capital One to Cabot Financial (UK) LTD. The
Defendant does not recall receiving notice of this assignment


6: On 27/1/2016 I sent a written request to Mortimer Clarke Solicitors
for inspection of documents mentioned in the claimants statement
of case under Civil Procedure Rule 31.14. I requested copies of
the Agreement, Termination Notice and Notice of Assignment.


7: I received a letter of response from Mortimer Clarke Solicitors
dated 11/2/2016 to advise that their firm did not hold any of the
documentation which I had requested under the Civil Procudure Rule. 31.14


8: 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,


9: However to date they have failed to produce all the relevant
documentation and on the 3/3/16 Mortimer Clarke Solicitors Ltd wrote
to advise that they are unable to commit to a time frame by which
they would do so.


10: On the 27/1/2016 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: 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.


13: 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.


14: 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 amendments


15: 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.

I'll be submitting online via mcol so believe i need to leave off the bottom statement. The pound character hasnt displayed correctly as using a tablet at the min but it will be shown proplery on laptop!
Do i need to set it out as above (numbered and double spaced) if submitting online?

Thanks again for your invaluable help I honestly don't know what i'd have done without it

[nemesis45]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

@nemesis45
Good evening.
Is there any chance you could take a quick look through my draft defence please and give any advice if i've omitted or included anything i shouldn't have please

Statement of Truth Statement of truth goes at the end with your signature and the date.


Claim No:............................

Between
Cabot Financial (UK) Ltd

And

Your name
of Your address

Defence:

1: I received the claim xxxxxxxx from the County Court Business
Centre Northampton on 25/1/2016


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 Capital One 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 Claimants statement of case states that the account was
assigned from Capital One to Cabot Financial (UK) LTD. The
Defendant does not recall receiving notice of this assignment


6: On 27/1/2016 I sent a written request to Mortimer Clarke Solicitors
for inspection of documents mentioned in the claimants statement
of case under Civil Procedure Rule 31.14. I requested copies of
the Agreement, Termination Notice and Notice of Assignment.


7: I received a letter of response from Mortimer Clarke Solicitors
dated 11/2/2016 to advise that their firm did not hold any of the
documentation which I had requested under the Civil Procudure Rule. 31.14


8: 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,


9: However to date they have failed to produce all the relevant
documentation and on the 3/3/16 Mortimer Clarke Solicitors Ltd wrote
to advise that they are unable to commit to a time frame by which
they would do so.


10: On the 27/1/2016 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: 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.


13: 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.


14: 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 amendments


15: 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.

I'll be submitting online via mcol so believe i need to leave off the bottom statement. The pound character hasnt displayed correctly as using a tablet at the min but it will be shown proplery on laptop!
Do i need to set it out as above (numbered and double spaced) if submitting online?

Thanks again for your invaluable help I honestly don't know what i'd have done without it

Happy to help,

Just some tidying up done.

nem

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

@nemesis45
thank you for swift response once again!!
just to quickly clarify before i go ahead and submit this - I'm doing it online via mcol site so do I still set it out exactly as follows?


Claim No:............................

Between
Cabot Financial (UK) Ltd

And

Your name
of Your address

Defence:

1: I received the claim xxxxxxxx from the County Court Business
Centre Northampton on 25/1/2016


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 Capital One 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 Claimants statement of case states that the account was
assigned from Capital One to Cabot Financial (UK) LTD. The
Defendant does not recall receiving notice of this assignment


6: On 27/1/2016 I sent a written request to Mortimer Clarke Solicitors
for inspection of documents mentioned in the claimants statement
of case under Civil Procedure Rule 31.14. I requested copies of
the Agreement, Termination Notice and Notice of Assignment.


7: I received a letter of response from Mortimer Clarke Solicitors
dated 11/2/2016 to advise that their firm did not hold any of the
documentation which I had requested under the Civil Procudure Rule. 31.14


8: 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,


9: However to date they have failed to produce all the relevant
documentation and on the 3/3/16 Mortimer Clarke Solicitors Ltd wrote
to advise that they are unable to commit to a time frame by which
they would do so.


10: On the 27/1/2016 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: 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.


13: 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.


14: 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 amendments


15: 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.

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Happy to help,

Just some tidying up done.

nem

@nemesis45
afternoon nem
I'm not sure if you saw my last post so sorry to pester you but am needing to submit in next hour so was just hoping you'd take quick look at my last post before i do please:/