Hi Guys 'n Gals.
Back ground info -
I had a credit card agreement with MBNA (Jan 1999).
Received Notice of Assignment from Cabot Financial (uk) Ltd in October 2001
I set up an arrangement with them and as far as I know I never defaulted.
I was still making payments when in June 2008 I requested a copy of the CCA (s78)
At first Cabot said they were waiting to get it from the OC and would hold an action on the account. until further notice - at this time the balance was £2200.
Half way through August 2008, they sent the CCA with a letter saying they had fullfilled their obligations and were entitled to resume collecting. The balance had also suddenly doubled and risen to over £4400!!
I sent a letter back saying they hadn't yet complied,,, the cca was an application form and the T&C's weren't legible ( The CCA isn't either t.b.h) - Account still in dispute.
To cut a long story short,,, they sent the agreement again, with a ltter saying it was ok and I was being mis-guided etc.
I sent another letter basically saying b*ll*x, account still in dispute.
They sent another dozen or so letters after that asking me to get in touch,,,even a 'limited offer' of a reduction - all of which I ignored. Then a letter from Morgans lands through the letter box.
First Pic is the CCA
Next four are the T&C;s
Last two are obvious :-)
I acknowledged service on line and sent a cpr 31.14 off to Morgans for the agreement, default notice, legal assignment and proof of amount claimed. They signed for it on 13/08/2010 - I've not had a response.
I also sent a part 18 request for a full and complete statement of aco***** which Morgans signed for on 23/08/2010. I did send one 5 days earlier but forget to put a time limit on it so I resent it, this time with the 14 day time limit.
Unless I'm mistaken I had until September 1st to submit my defence but I submitted it earlier today on line (well, yesterday now - saturday).
I sublitted an embarrassed defence:
This is all new territory for me and I must admit its been a struggle trying to get my head around a lot of it. but I think i'm winning and its slowly starting to sink in :-)
I'm guessing the next step will be an allocation questionaire landing on the front mat? N150?
I've had a look at one and I know i'm going to need a hand filling that in.
Anyway, thats the story so far.
Questions welcome, Help and advice more so
Back ground info -
I had a credit card agreement with MBNA (Jan 1999).
Received Notice of Assignment from Cabot Financial (uk) Ltd in October 2001
I set up an arrangement with them and as far as I know I never defaulted.
I was still making payments when in June 2008 I requested a copy of the CCA (s78)
At first Cabot said they were waiting to get it from the OC and would hold an action on the account. until further notice - at this time the balance was £2200.
Half way through August 2008, they sent the CCA with a letter saying they had fullfilled their obligations and were entitled to resume collecting. The balance had also suddenly doubled and risen to over £4400!!
I sent a letter back saying they hadn't yet complied,,, the cca was an application form and the T&C's weren't legible ( The CCA isn't either t.b.h) - Account still in dispute.
To cut a long story short,,, they sent the agreement again, with a ltter saying it was ok and I was being mis-guided etc.
I sent another letter basically saying b*ll*x, account still in dispute.
They sent another dozen or so letters after that asking me to get in touch,,,even a 'limited offer' of a reduction - all of which I ignored. Then a letter from Morgans lands through the letter box.
First Pic is the CCA
Next four are the T&C;s
Last two are obvious :-)
I acknowledged service on line and sent a cpr 31.14 off to Morgans for the agreement, default notice, legal assignment and proof of amount claimed. They signed for it on 13/08/2010 - I've not had a response.
I also sent a part 18 request for a full and complete statement of aco***** which Morgans signed for on 23/08/2010. I did send one 5 days earlier but forget to put a time limit on it so I resent it, this time with the 14 day time limit.
Unless I'm mistaken I had until September 1st to submit my defence but I submitted it earlier today on line (well, yesterday now - saturday).
I sublitted an embarrassed defence:
1. I, xxxxxxx, am the defendant in this action and make the following statement as a defence to the claim made by Cabot Financial (UK) Ltd
2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system.
3. The Defendant notes that the Claimants' claim is not fully particularised, offers no cause for action and documents constituting the agreement should be attached to or served with the particulars of claim. The defendants claim is thus eligible for a strike out under CPR 3.4.2 (a) (c)
4. No documents supporting the claims in the particulars have been offered and despite two requests to the claimant for further information via CPR 31.14 dated xx/xx/2010 and CPR part 18 dated xx/xx/2010, both sent by recorded delivery and signed for, none has been forthcoming and as a result I cannot plead in defence to the claim.
5. The Defendant denies that they are indebted to the Claimant for the sum of £xxxx.xx and puts the Claimant to strict proof of this sum.
6. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.
7. Further to the above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
And the defendant:
8. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a) (c), or otherwise dismissed, on the grounds that any claim cannot succeed.
Statement of truth
etc
etc
2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system.
3. The Defendant notes that the Claimants' claim is not fully particularised, offers no cause for action and documents constituting the agreement should be attached to or served with the particulars of claim. The defendants claim is thus eligible for a strike out under CPR 3.4.2 (a) (c)
4. No documents supporting the claims in the particulars have been offered and despite two requests to the claimant for further information via CPR 31.14 dated xx/xx/2010 and CPR part 18 dated xx/xx/2010, both sent by recorded delivery and signed for, none has been forthcoming and as a result I cannot plead in defence to the claim.
5. The Defendant denies that they are indebted to the Claimant for the sum of £xxxx.xx and puts the Claimant to strict proof of this sum.
6. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.
7. Further to the above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
And the defendant:
8. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a) (c), or otherwise dismissed, on the grounds that any claim cannot succeed.
Statement of truth
etc
etc
This is all new territory for me and I must admit its been a struggle trying to get my head around a lot of it. but I think i'm winning and its slowly starting to sink in :-)
I'm guessing the next step will be an allocation questionaire landing on the front mat? N150?
I've had a look at one and I know i'm going to need a hand filling that in.
Anyway, thats the story so far.
Questions welcome, Help and advice more so
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