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Re: Northampton County Court Claim causing insomnia, please help with simple question
Hi nemesis,
I've taken a template and adapted it a little. I've made notes in RED along side various parts where I'm a little unsure/ requesting guidance.
Is there anywhere on the website I can look at the relevant sections of the Consumer Credit Act, so I can make sure I have the best understanding? At the moment I'm a bit unsure about the sections and paragraphs I'm quoting. Or if you could cast your eye over those?
Do I need to send in my master copies of the CPR & CCA postal requests (with proof of postage receipts) ?
(If so, I can make & keep copies for myself)
OK I'll post this, bound to be something wrong with it ( behold the optimism:biggrin1: )
thanks buddy
bean:okay:
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~In the matter of Cabot Financial (UK) Limited v me
Court Claim B########
My Defence
1. I received the Claim B####### (Dated 6th October) from the Northampton County Court through the post on 8th October 2015.
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 the claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from SAV (Bank of Scotland (Aquacard)) to CABOT FINANCIAL (UK) LIMITED on 18/03/2011. The Defendant does not recall receiving notice of this assignment.
7. The Defendant does not recall (changed from 'it is denied') that SAV (Bank of Scotland (Aquacard)) served any Default notice on the Defendant pursuant to section 87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 16/10/2015 I sent a proof of postage Request (dated 13/10/2015) for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to SHOOSMITHS LLP. I requested the Claimant provide copies of the Credit Agreement, Default Notice and Notice of Assignment . I followed this up with an email then two phone calls requesting the same. I summarized these communications in a further email to SHOOSMITHS LLP (which I include printed out with my defence).
9. SHOOSMITHS LLP has not sent any of these documents to me.
10. On the 16/10/2015 I sent a formal request (dated 13/10/2015) for a copy of the original Consumer Credit Agreement to CABOT FINANCIAL (UK) LIMITED pursuant to my entitlement under section 78 ( ? was a credit card) of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. CABOT FINANCIAL (UK) LIMITED has not sent a copy of the original Consumer Credit Agreement to me. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement. (are these two sentences linked like I think they are? I added the first sentence as it seemed to fit)
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. They still have not been able to provide this proof of claim.
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. (not sure what this means?)
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed .........Mr human bean….........
Dated .................................................. .....
Hi nemesis,
I've taken a template and adapted it a little. I've made notes in RED along side various parts where I'm a little unsure/ requesting guidance.
Is there anywhere on the website I can look at the relevant sections of the Consumer Credit Act, so I can make sure I have the best understanding? At the moment I'm a bit unsure about the sections and paragraphs I'm quoting. Or if you could cast your eye over those?
Do I need to send in my master copies of the CPR & CCA postal requests (with proof of postage receipts) ?
(If so, I can make & keep copies for myself)
OK I'll post this, bound to be something wrong with it ( behold the optimism:biggrin1: )
thanks buddy
bean:okay:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
~In the matter of Cabot Financial (UK) Limited v me
Court Claim B########
My Defence
1. I received the Claim B####### (Dated 6th October) from the Northampton County Court through the post on 8th October 2015.
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 the claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from SAV (Bank of Scotland (Aquacard)) to CABOT FINANCIAL (UK) LIMITED on 18/03/2011. The Defendant does not recall receiving notice of this assignment.
7. The Defendant does not recall (changed from 'it is denied') that SAV (Bank of Scotland (Aquacard)) served any Default notice on the Defendant pursuant to section 87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 16/10/2015 I sent a proof of postage Request (dated 13/10/2015) for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to SHOOSMITHS LLP. I requested the Claimant provide copies of the Credit Agreement, Default Notice and Notice of Assignment . I followed this up with an email then two phone calls requesting the same. I summarized these communications in a further email to SHOOSMITHS LLP (which I include printed out with my defence).
9. SHOOSMITHS LLP has not sent any of these documents to me.
10. On the 16/10/2015 I sent a formal request (dated 13/10/2015) for a copy of the original Consumer Credit Agreement to CABOT FINANCIAL (UK) LIMITED pursuant to my entitlement under section 78 ( ? was a credit card) of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. CABOT FINANCIAL (UK) LIMITED has not sent a copy of the original Consumer Credit Agreement to me. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement. (are these two sentences linked like I think they are? I added the first sentence as it seemed to fit)
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. They still have not been able to provide this proof of claim.
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. (not sure what this means?)
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed .........Mr human bean….........
Dated .................................................. .....
, but better than giving up, and I'm guessing most of the paperwork is out of the way so one way or the other there is light at the end of the tunnel for both of us!
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