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Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One
Right then, here's what I'm ready to put..
And I still put my name and today's date at the bottom for statement of truth?
Originally posted by Kati
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You could take out number 5 (the PoC says the agreement was "on or around 21/08/2004" - FROM POST #1) 
Number 6 ... just leave out the date of assignment (no date mentioned in the PoC)
Apart from that, just make sure the numbers run properly :nod: xx
Number 6 ... just leave out the date of assignment (no date mentioned in the PoC)
Apart from that, just make sure the numbers run properly :nod: xx
1: I received the claim C1CD485H from the County Court Business Centre Northampton on 15/2/2016
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: It is admitted that the Defendant has previously entered into
an agreement with Capital One for provision of credit.
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. It is denied that Capital One 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.
7: On 2/3/2016 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, Default Notice and Notice of
Assignment.
8. Mortimer Clarke Solicitors LTD has not sent any of these
documents to
me.
9. On the 2/3/2016 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
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: It is admitted that the Defendant has previously entered into
an agreement with Capital One for provision of credit.
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. It is denied that Capital One 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.
7: On 2/3/2016 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, Default Notice and Notice of
Assignment.
8. Mortimer Clarke Solicitors LTD has not sent any of these
documents to
me.
9. On the 2/3/2016 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
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