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Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016
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Originally posted by johnpb39
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@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.
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.
The MCOl site will tell you how many characters you can use.
The header can shortened if need be.
nem
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