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Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.
Okay, have amended to cater for the fact you have never had the original claim.
1: The Defendant has never received a copy of the statement of case in this claim and therefore finds herself embarrassed in pleading this defence. This Defence is submitted following a hearing of an application made by the Claimant for Summary Judgment. The application was denied.
2: This is a claim for a debt incurred on an alleged consumer credit account of which the Defendant has very little information and disputes she is liable to the Claimant for the sums claimed, or at all.
3: It is the Defendant’s belief that the debt was originally incurred on a ‘Vanquis’ credit card which was obtained fraudulently in her name by her late Husband sometime in 2008. The Defendant has constantly denied that the original agreement was taken out by herself Mrs xxxxxxxxxxxx but fraudulently by her abusive late husband xxxxxxxxxxxxx (D). The Defendant has reported this Fraud to ‘Action Fraud’ (working for the Police and Government) Ref : xxxxxxxxxxxxxx and the Claimant has previously been informed.
4: The Defendant believes that should the court find she was liable in any way for debt incurred on the account it would be statute barred by virtue of the Limitations Act 1980.
5: On the 18th October 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14 to Cabot Financial (UK) Ltd . She requested the Claimant provide copies of the Original Agreement, Default Notice and Notice of Assignment.
6: To date Cabot Financial (UK) Ltd has failed to provide copies of these, or any, documents evidencing their claim.
7: The Defendant has never received a notice of assignment assigning the alleged debt from the original creditor to the Claimant.
8 .It is denied that neither the Claimant, nor the alleged Original Creditor, 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.
9.Further, on the 18th October the Defendant 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 provide any of the required documents and therefore 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. The Claimant has simply failed to provide any information relating to the alleged debt on which their claim is based. The Defendant requests the court orders the Claimant to provide the necessary documentation or their claim should stand struck out. In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
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. In addition, or in the alternative, collection of a debt arising from a regulated Consumer Credit agreement constitutes a Regulated Activity within the meaning of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (Section 39F). It appears the Claimant, Cabot Financial (UK) Ltd, is not authorised to carry on the activity of Debt Collection or Administration by the Financial Services Authority and is therefore acting in contravention of Section 19 of the FSMA 2000. Therefore, the Claimant is unable to proceed with this claim.
14: It is denied the Claimant is entitled to the relief as claimed, or at all.
Okay, have amended to cater for the fact you have never had the original claim.
1: The Defendant has never received a copy of the statement of case in this claim and therefore finds herself embarrassed in pleading this defence. This Defence is submitted following a hearing of an application made by the Claimant for Summary Judgment. The application was denied.
2: This is a claim for a debt incurred on an alleged consumer credit account of which the Defendant has very little information and disputes she is liable to the Claimant for the sums claimed, or at all.
3: It is the Defendant’s belief that the debt was originally incurred on a ‘Vanquis’ credit card which was obtained fraudulently in her name by her late Husband sometime in 2008. The Defendant has constantly denied that the original agreement was taken out by herself Mrs xxxxxxxxxxxx but fraudulently by her abusive late husband xxxxxxxxxxxxx (D). The Defendant has reported this Fraud to ‘Action Fraud’ (working for the Police and Government) Ref : xxxxxxxxxxxxxx and the Claimant has previously been informed.
4: The Defendant believes that should the court find she was liable in any way for debt incurred on the account it would be statute barred by virtue of the Limitations Act 1980.
5: On the 18th October 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14 to Cabot Financial (UK) Ltd . She requested the Claimant provide copies of the Original Agreement, Default Notice and Notice of Assignment.
6: To date Cabot Financial (UK) Ltd has failed to provide copies of these, or any, documents evidencing their claim.
7: The Defendant has never received a notice of assignment assigning the alleged debt from the original creditor to the Claimant.
8 .It is denied that neither the Claimant, nor the alleged Original Creditor, 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.
9.Further, on the 18th October the Defendant 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 provide any of the required documents and therefore 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. The Claimant has simply failed to provide any information relating to the alleged debt on which their claim is based. The Defendant requests the court orders the Claimant to provide the necessary documentation or their claim should stand struck out. In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
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. In addition, or in the alternative, collection of a debt arising from a regulated Consumer Credit agreement constitutes a Regulated Activity within the meaning of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (Section 39F). It appears the Claimant, Cabot Financial (UK) Ltd, is not authorised to carry on the activity of Debt Collection or Administration by the Financial Services Authority and is therefore acting in contravention of Section 19 of the FSMA 2000. Therefore, the Claimant is unable to proceed with this claim.
14: It is denied the Claimant is entitled to the relief as claimed, or at all.
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