Received a Claim, please could you help

[echat11]

Just to confirm, you've done the following:

a) You have lodged your Defence with the Court via MCOL and sent Mortimer a copy, make sure you get Proof of Postage.

b) You've sent Mortimer a CPR31.14 request, make sure you get Proof of Postage.

c) You've sent Cabot a CCA request, make sure you get Proof of Postage.

d) You've sent Cabot a Subject Access Request, make sure you get Proof of Postage.

[AnitaMerlin]

Thanks. I know, I get on my own nerves worrying. I will go ahead. Mike 770, I don't understand, what is N1 form? Yes that is CPR I used.
here is the final defence, could you please check it before I submit.

County Court Business Centre Northampton

Claim No: [XXXXX]

Cabot Financial (UK) Limited

Claimant

And

XXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 4th March 2023

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.It is admitted that the Defendant has entered into an agreement with CitiFinancial Europe PLC for provision of a credit card.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim state that the agreement was entered into on or around 20th November 2000.

7.The Claimants statement of case states that the account was assigned from CitiFinancial Europe PLC to Cabot Financial (UK) Limited. The Claimant does not state the date of the assignment. The Defendant does not recall receiving notice of this assignment.

8.It is denied that CitiFinancial Europe PLC 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 10th March 2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement with CitiFinancial Europe PLC, a service of the Default Notice and Notice of Assignment to Cabot Financial (UK) Limited.

10.Mortimer Clarke Solicitors Ltd have not sent any of these documents to the Defendant.

11.On the 10th March The Defendant 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.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (4) Consumer Credit Act 1974 cannot enforce the agreement.

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.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his 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.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed XXXXXXXXXX

Dated 21 March 2023

[AnitaMerlin]

a) You have lodged your Defence with the Court via MCOL and sent Mortimer a copy, make sure you get Proof of Postage.
I am lodging defence today via MCOL, will send copy to Mortimer tomorrow.

b) You've sent Mortimer a CPR31.14 request, make sure you get Proof of Postage. YES

c) You've sent Cabot a CCA request, make sure you get Proof of Postage. YES

d) You've sent Cabot a Subject Access Request, make sure you get Proof of Postage. NOT YET, tomorrow, but I thought it goes to CitiFinancial.

[AnitaMerlin]

Just noticed in this sentence, p8...The Claimant is required to prove that the any Default...should I delete the?

[AnitaMerlin]

How do I submit defence in MCOL with signature. I made a PDF scan but there is only a txt field for defence and I can't inset an image of the signature either.

[echat11]

Just noticed in this sentence, p8...The Claimant is required to prove that the any Default...should I delete the?

Remove 'the' (there's actually a choose there of the or any, but it hasn't been highlighted).

[echat11]

How do I submit defence in MCOL with signature. I made a PDF scan but there is only a txt field for defence and I can't inset an image of the signature either.

O.K. print the defence, sign it with a pen, scan it as a PDF. Email to the Court as an attachment.

Email it to: ccbcaq@justice.gov.uk (you should get an automatic email from the Court acknowledging that they have received it)

In the email subject line write - Claim No: XXXXXXXXX - DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX

[AnitaMerlin]

Thank you. Do I still submit MCOL as well.

[echat11]

Thank you. Do I still submit MCOL as well.

No, you've emailed it.

[AnitaMerlin]

Done defence in MCOL without two signatures required and no way to do it. Also sent defence to the court and attached scan in PDF. I will try to get somebody to post defence copy to Mortimer and SAR to Cabot tomorrow. And I forgot to remove the from defence. Could kick myself. Give up for today. Thank you, I would never get this done without this site.

[AnitaMerlin]

Oh dear

[echat11]

Oh dear

What have you done?

[AnitaMerlin]

Posted defence twice, feel so stupid, truth is I hardly understand what I am doing, I read those forms over and over and if you ask me what my defence is I couldn't tell you.

[echat11]

Posted defence twice, feel so stupid, truth is I hardly understand what I am doing, I read those forms over and over and if you ask me what my defence is I couldn't tell you.

Do calm down, it's o.k, it's done, it's not a problem.

[AnitaMerlin]

Managed to post SAR to Cabot and a copy defence to Mortimer on 27th. Had quite a few hospital appointments before upcoming surgery. Had a letter from the Courts, dated 22nd, stating they served a copy of my defence and the claimant has 28 days to inform the court if they wish to proceed. I guess that makes it 19th of April. I have not had any documents yet. Is there anything else I need to do? I have surgery on 18th April, am in for 2-3 days and I am usually up and about after 10 days. The court's letter says if they don't respond the claim will be stayed. This will fall in the time when I won't be able to deal with this, Will I have to do anything after19th? Many many thanks