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Hi,
Lookingfor some advice defending a CCJ from Capital One, I have requested aCCA with Cabot and Mortimer Solicitors and they have replied with ageneric response (see enclosed). Default date is approx, April 2010,I cannot remember exactly the last payment but it was definitelybefore then and I believe this should be statute barred. Any help is much appreciated.
Here is my daft defence so far, due on 12/10/16 -
Lookingfor some advice defending a CCJ from Capital One, I have requested aCCA with Cabot and Mortimer Solicitors and they have replied with ageneric response (see enclosed). Default date is approx, April 2010,I cannot remember exactly the last payment but it was definitelybefore then and I believe this should be statute barred. Any help is much appreciated.
Here is my daft defence so far, due on 12/10/16 -
- I received the claim XXXXXXfrom the Northampton County Court on 13 September 2016.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is 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 exactly when the agreement was entered into.
- 6. On the 15 September 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.
7. Mortimer Clarke Solicitors Ltd has not sent any of these documents to me.
8. On the 15 September 2016,I 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.
9. 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: It is understood that the alleged debt falls under Section 5 of the Statute or Limitations Act 1980, in that I or any person acting on my behalf have not paid any money to the account, nor have I or any person acting on my behalf acknowledged in writing this alleged debt.
13: Section 5 of the Statute or Limitations Act 1980 states the time limit for actions founded on simple contract. - An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action
accrued. It is my belief that 6 years has now passed since any of actions required occurred.
14: I believe that due to the above (Para 12 and 13) this alleged debt is legally Barred.
15. 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.
16. 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.
17. 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.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of TruthThe Defendant believes that the facts stated in this Defence are true.Signed …………………………………………Dated .................................................. ....
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