CCA request

[dinky201]

The final day is the 26th April
my mistake was it's 28days + 5

The PM is ment for information for you, not to get help there

[echat11]

Read through making sure all the points in the statement are correct.

You can email the Defence to the court, write Defence, the Claim Number XXXXXX and Cabot v XXXXXXX in the subject line, email it to: ccbcaq@justice.gov.uk

Send a copy of the Defence to Overdales, make sure you get Proof of Postage.


1.The Defendant received the claim XXXXXXXXXX from the Northampton County Court on XXXXXXXXX.

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.It is admitted that the Defendant has previously entered into an agreement with Aqua for provision of credit.

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 states that the agreement was entered into on or around 16/02/16 .

7.The Claimants statement of case states that the account was assigned from Aqua to the Claimant, but does not give a date. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Aqua 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 XXXXXXX 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Mortimer Clarke sent the documents to the Defendant on XXXXXXXXX.

11.On the XXXXXXXXX The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. Cabot provided this on XXXXXXX.

12. The Claimant has not complied with Pre-action Protocol, therefore should not have issued a claim against the Defendant.

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.

[dinky201]

Read through making sure all the points in the statement are correct.

You can email the Defence to the court, write Defence, the Claim Number XXXXXX and Cabot v XXXXXXX in the subject line, email it to: ccbcaq@justice.gov.uk

Send a copy of the Defence to Overdales, make sure you get Proof of Postage.


1.The Defendant received the claim XXXXXXXXXX from the Northampton County Court on XXXXXXXXX.

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.It is admitted that the Defendant has previously entered into an agreement with Aqua for provision of credit.

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 states that the agreement was entered into on or around 16/02/16 .

7.The Claimants statement of case states that the account was assigned from Aqua to the Claimant, but does not give a date. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Aqua 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 XXXXXXX 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Mortimer Clarke sent the documents to the Defendant on XXXXXXXXX.

11.On the XXXXXXXXX The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. Cabot provided this on XXXXXXX.

12. The Claimant has not complied with Pre-action Protocol, therefore should not have issued a claim against the Defendant.

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.

thankyou very much, yours is very similar to mine, I sent defence last night by email, I did mention "I have not received all requested Items" but I did'nt mention the Per-action protocol tho. can I mention this in witness statement?

[echat11]

thankyou very much, yours is very similar to mine, I sent defence last night by email, I did mention "I have not received all requested Items" but I did'nt mention the Per-action protocol tho. can I mention this in witness statement?

Yes, you can state it in the Witness Statement. You really need to go through everything you have documents wise, the anomalies etc now.
You need to start working on your Witness Statement now.

https://legalbeagles.info/forums/for...ness-statement

[dinky201]

Will do, thankyou for the time and effort. It is very great of you. Hopefully my defence will hold, and start working whiteness statement