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Re: Court claim Capquest Investments
I have drafted my defence using the template on line but please could somebody check my para 12 as I had to re-write that, obviously I will change unbold the bits I had to change! No documents have been provided by claimant or solicitor and my defence is late so sending it today. Do I post it recorded delivery to the court along with the defence and counter claim form I was sent? Shall I also email it as it is late? Can't thank you enough for all of your help.
1: I received the claim x from the Northampton County Court.
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 claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Capital One Bank (Europe) Plc to Capquest Investments Limited. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Capital One Bank (Eurpope) 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.
8: On the 30th December 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
9. Drydens Ltd has not sent any of these documents to me.
10. On the 30th December 2014, I sent a formal request for a copy of the original agreement to Capquest Investments Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. 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.
12. Drydens Limited wrote to me on 8th January to tell me that they have requested the documents from their client and that the matter has been placed on hold for a period of 28 days, after which they will continue with legal action.
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.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
I have drafted my defence using the template on line but please could somebody check my para 12 as I had to re-write that, obviously I will change unbold the bits I had to change! No documents have been provided by claimant or solicitor and my defence is late so sending it today. Do I post it recorded delivery to the court along with the defence and counter claim form I was sent? Shall I also email it as it is late? Can't thank you enough for all of your help.
1: I received the claim x from the Northampton County Court.
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 claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Capital One Bank (Europe) Plc to Capquest Investments Limited. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Capital One Bank (Eurpope) 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.
8: On the 30th December 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
9. Drydens Ltd has not sent any of these documents to me.
10. On the 30th December 2014, I sent a formal request for a copy of the original agreement to Capquest Investments Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. 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.
12. Drydens Limited wrote to me on 8th January to tell me that they have requested the documents from their client and that the matter has been placed on hold for a period of 28 days, after which they will continue with legal action.
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.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
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