**DISCONTINUED!!** Forgotten debt

[nemesis45]

Re: Forgotten debt

Hi, many thanks for your reply. Been panicking a bit as your server was down and I couldn't get on here. To make matters worse I cannot get onto MCOL as forgotten the details and the helpline phone number on there is not in operation.

Not sure what you mean by my defence is in time as I haven't done one yet, and not sure I have anything to say other than they have not supplied any info? Do you mean I need to get the defence in by tomorrow? Do you mean I have calculated correctly?

If so, can I email it?
many thanks for your help Nemesis45

Hi sorry I read it as you had submitted a defence.

Have you looked at the defence templates in the green box at the top of the court claim forum, if not take a look and amend one of the templates to suit your case then post it here and we can go through it with you.

nem

[MIKE770]

Re: Forgotten debt

Defence Example

[charitynjw]

Re: Forgotten debt

Court claim issue date 07/11/2016 (previous post)
+33 days + further 28 days extension.
Defence due Sat 07/01/2017 latest.

[MIKE770]

Re: Forgotten debt

best by 4 p.m. to-day

[oddball]

Re: Forgotten debt

Hello Mike/Nem, many thanks for the template (I can never seem to find them on this site, must be me) & instructions where they are on the site. Working my way through defence at the mo.

I have an email address from email they had sent me, which says for filing defence - not tried it yet (obviously) and hope it's current as nothing seems to work that I touch today. It is ccbcaq@hmcts.gsi.gov.uk

[MIKE770]

Re: Forgotten debt

use it

[charitynjw]

Re: Forgotten debt

Re the SAR

Reading back, have you arranged to collect it via your local Halifax branch?

[oddball]

Re: Forgotten debt

Hi Charity, sorry been busy doing this Defence. HBOS wrote to me asking if I wanted copies of emails & phone calls and would get the info I wanted anyhow, but to date I have heard nothing from them, although they cashed the cheque.

- - - Updated - - -

IN THE COUNTY COURT BUSINESS CENTRE

CLAIM NO. XXXX

BETWEEN
Cabot Financial (UK) Limited
CLAIMANT
V
XXXX
DEFENDANT

DEFENCE

1. I received this claim no. XXXX from the County Court Business Centre on 12^th 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 for a credit card agreement regulated by the Consumer Credit Act 1974.
4. The Claimants Particulars of Claim fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The Claimants particulars of claim fail to state exactly when the Agreement was entered into.
6. The Claimants particulars of claim states that the account was assigned from Halifax to the Claimant but gives no details as to when. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Halifax 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. This claim is denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim and the Claimant has yet to disclose any Agreement or contract as to the defendants CPR 31.14 Request.
9. On 16^th November 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. The Claimant has failed to comply with s77-79 of the Consumer Credit Act 1974 and by virtue of s77-79 Consumer Credit Act 1974 cannot enforce the Agreement.
11. On 16^th November 2016 I sent a formal request for inspection of the documents mentioned in the Claimants Statement of Case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement along with the statutory £1 fee.
12. In my letter of 16^th November 2016 I asked Mortimer Clarke Solicitors to confirm in writing if they required more time to produce the relevant documentation to evidence their claim.
13. On 22^nd November 2016 Mortimer Clarke Solicitors replied agreeing to an extension to give them more time to supply the Agreement, however to date they have failed to do so.
14. 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.


15. 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
16. 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.


Statement ofTruth

The Defendant believes that the facts stated in this Defence are true.

Dated this 6^th January 2017

- - - Updated - - -

Hi, posted defence above, got in a right muddle and switched it about a bit. Wasn't sure whether to put in that I had applied to Halifax for a SAR - then thought it wise not to add it??

[charitynjw]

Re: Forgotten debt

Paragraphs should be double-spaced.
The SAR itself does not form part of your defence.
Para 11 needs looking at. (Fee?) (Did they comply? If not, why?)

[oddball]

Re: Forgotten debt

Yes sent the fee by mistake, perhaps I should take it out. No they didn't comply para 13 says so (after the extension of time)

[oddball]

Re: Forgotten debt

Paras are double spaced but it just copied onto here wrong.

[oddball]

Re: Forgotten debt

When I said posted, I meant on this board.

[oddball]

Re: Forgotten debt

Do you recall, I originally said that I had paid £1 off of this debt back in 2011 to a debt collector although at the time I didn't know what debt I was paying?

[charitynjw]

Re: Forgotten debt

Yes sent the fee by mistake, perhaps I should take it out. No they didn't comply para 13 says so (after the extension of time)

What happened to the £1 fee mistakenly sent with the CPR request?

Paras are double spaced but it just copied onto here wrong.

OK

When I said posted, I meant on this board.

Ok, so can be tweaked before filing at court.

[oddball]

Re: Forgotten debt

yes please

- - - Updated - - -

or was that all it needed?

- - - Updated - - -

Don't think I actually sent the £1 - just forgot to take it out of the letter. I'm sure someone said it didn't need it.