** DISCONTINUED / settled in part ** Crying for help ! Please!

[Shann23]

Re: Crying for help ! Please!

and also.. how would I put in my defence that the account is actually statute barred? and would it be possible to ask the court to dismissed it?! I don't know really 😰 my brain is not working properly. 😔😢

[charitynjw]

Re: Crying for help ! Please!

Hi, I want to apologised in advance about my defence.. I don't really know what to write..I don't even know what I am doing .. I am trying to edit the defence sample but couldn't do it. No Clue at all! can please someone help me? PLEASE? @charitynjw, @nemesis45 @Diana M

Thanks 



1: I received the claim XXXX from the Northampton County Court on 9th November 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 a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4: Unfortunately I can neither confirm or deny liability or entering into an agreement as envisaged by the Claimant, for the reasons given below.

5: The Claimants statement of case is so vague, it fails to give adequate information to enable me to properly assess my position with regards the claim. It also fails to identify an account number or any other reference number; thus causing particular problems and additional expense as described in the following paragraphs.

6: The particulars of claim fail to state precisely when the agreement was entered into.

7: The Claimants statement of case states that the account was assigned from CAPITAL ONE to CABOT FINANCIAL (UK) LIMITED . The Defendant does not recall receiving notice of this assignment.

8: 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.

9: On the 10th November 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 , Notice of Assignment and Formal demand.

10: MORTIMER CLARKE SOLICITORS LTD. has not sent any of these documents to me.

11: On the same date ,10th November 2016, I sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12: On the 23rd November 2016, I received a letter from the Claimant, telling me that they couldn't locate the account due to the fact that I had omitted to give a reference number. However, & with reference to paragraph #4 above, I was unable to provide a reference number as the Claimant had not stated one in their Particulars of Claim. I did use the court claim reference number as an identifier, but the Claimant deemed this not to be either sufficient or relevant.

13: On the 24th November 2016, I sent a letter to Mortimer Clarke Solicitors LTD, enclosing another copy of the CCA s78 request & the appropriate fee, asking that Mortimer Clarke Solicitors forward my CCA letter to their client. As stated above, the Claimant would not disclose documents or comply with the CCA request due to the lack of a reference number. Although I would have thought that, as the Claimant had issued a court claim against me, the court claim reference which I provided would be ample, as the Claimant had declined my request, it was therefore necessary to reroute it via the Claimant's legal representative. To date I have not received the requested documentation.

14: So, despite two valid CCA s78 requests, 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

15: 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), but they have declined.

16: 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.

17: 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.

18: 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.

19: 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.



Signed …………………………………………

Dated .................................................. ....

Just some suggestions, Shann.

[Shann23]

Re: Crying for help ! Please!

Thank You so much [MENTION=5553]charitynjw[/MENTION] !!

[Shann23]

Re: Crying for help ! Please!

another question please... do I need to print and sign this then upload? or just copy and paste?!
and also.. does it have to be office hour? Thanks x

[Shann23]

Re: Crying for help ! Please!

[MENTION=5553]charitynjw[/MENTION] [MENTION=55034]nemesis45[/MENTION] ... 😔

[Danny Butts]

Re: Crying for help ! Please!

Hi Shann,

I'm not an expert here but I have been following threads. I'm pretty sure you just copy and paste and "electronically sign".

Also, I dont think you need to worry about office hours as your defence isn't due until Saturday.

I have a sneaking suspicion that the courts wont see it until they arrive for work Monday morning anyway, but again this is just for reassurance as I'm not an expert.

[Shann23]

Re: Crying for help ! Please!

Hi Danny thanks.. I am just having a mixed emotions right now.. scared, nervous, worried etc.. 😰

[charitynjw]

Re: Crying for help ! Please!

Hi Shann

If you have problems re MCOL, you could copy/paste & send as an attachment to an email.
In the email subject box, Cabot Financial (UK) Ltd v (Shann) Claim number XXXXXXXX.
Email address ccbcaq@hmcts.gsi.gov.uk
Attachment layout should have a header & a signed statement of truth.
Something like

[nemesis45]

Re: Crying for help ! Please!

another question please... do I need to print and sign this then upload? or just copy and paste?!
and also.. does it have to be office hour? Thanks x

Sign and upload.

nem

- - - Updated - - -

another question please... do I need to print and sign this then upload? or just copy and paste?!
and also.. does it have to be office hour? Thanks x

Sign and upload.

nem

[Shann23]

Re: Crying for help ! Please!

thank you nem and Charity😊

[Shann23]

Re: Crying for help ! Please!

Hi, just and update.. I received a letter from the court saying that they have received my defence... And also, received a letter from the Cabot saying that they don't have any documents but requested it from the Original creditor which then will take 40 days. ..

[MIKE770]

Re: Crying for help ! Please!

ignore cabot their problem, follow court instructions from now on, and report back here with latest missives from cabot also when you hear from the court

[Shann23]

Re: Crying for help ! Please!

will do thanks Mike 😊

[MIKE770]

Re: Crying for help ! Please!

keep that letter for possible future use.

[Shann23]

Re: Crying for help ! Please!

Happy New Year to all' I hope you had a lovely Christmas and New Year!😊

Just an update, I received a letter from solicitors telling me that they have received my defence and the matter is on hold?! ...