Cabot county claim form received

[nemesis45]

Re: Cabot county claim form received

Fred, the more important request is the CCA request, CPR 31.14 no compliance can be mentioned in defence and witness statement.
Non compliance with the CCA request renders the debt unenforceable until the agreement is produced and if it never found end of
claim, by getting it struck out.

Don't worry about CPR31.14 it can be chased just to annoy the solicitors but if in the end don't comply an " unless " order could be
applied for But that costs and would be defended.

nem

[Fredag8]

Re: Cabot county claim form received

Thank you so much for all your replies. I will type this up nem and send. I have yet to hear anything with regards to the CCA. Il keep you updated.

[nemesis45]

Re: Cabot county claim form received

Thank you so much for all your replies. I will type this up nem and send. I have yet to hear anything with regards to the CCA. Il keep you updated.

OK Fred please do!

nem

[Fredag8]

Re: Cabot county claim form received

Just to update, i have had no response from CCA request and no further response regarding CPR. I am going to prepare my defence for court as Imsure it has to be done by tuesday. I am struggling with this though as I have never had to do anything like this before

[nemesis45]

Re: Cabot county claim form received

Just to update, i have had no response from CCA request and no further response regarding CPR. I am going to prepare my defence for court as Imsure it has to be done by tuesday. I am struggling with this though as I have never had to do anything like this before

Make it easier for yourself take a look round the forum and the threads on Cabot and the defences it gives you more idea of content and format. Then
make a draft and post here then we can go through it with you.

nem

[Kati]

Re: Cabot county claim form received

Defense template xx

[Fredag8]

Re: Cabot county claim form received

Thanks nem i will do, thanks kati

[Fredag8]

Re: Cabot county claim form received

This is what I have up to now.
Just realised my defence has to be in by tomorrow I think
Any advice would be much appreciated.

I received the claim xxxxx from Northampton Business County Court on xxxxxx although it was dated xxxxxx
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.
This claim appears to be for ? agreement regulated under the Consumer Credit Act 1974
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
The Claimants statement of case states that the account was assigned from Captial One to Cabot on xxx. The defendant does not recall receiving this notice of assignment.
It is denied that Capital One served any default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a complaint Default Notice was served upon the defendant.
On xxxxxx I sent a request for the inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the C;aimant provide a copies of the Agreement, Default Notice and Notice of Assignment.
Reston Solicitors have not sent any of these documents to me.
On xxxxxx I sent a formal request for a copy of the original agreement to Cabot pursuant to section 77/78 of the consumer Credit Act 1974 along with a statuory £1 fee.
The Calimant has failed to comply with s77/78 Consumer Credit Act 1974 and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
Under Civil Procedure Rule 16.5 (4) Where the claim includes money claim, a defendant shall be taken to require that any allegation relating to the amount of money claim to be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the moeny is owed is claimed
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.
in the event that the relevant documents are receievd from the claimants then I will be in a position to amend my defence and I would ask that the Claimants bear the cost of amendment.
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.

- - - Updated - - -

Also I do not know if it is meant to be a loan or credit card

[Amethyst]

Re: Cabot county claim form received

It will be a card as Cap One don't do loans, but it's fine to leave both 77 and 78 in the defence ( only fixed a couple of typos)


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I received the claim xxxxx from Northampton Business County Court on xxxxxx although it was dated xxxxxx

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.

This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

The Claimants statement of case states that the account was assigned from Captial One to Cabot on xxx. The defendant does not recall receiving this notice of assignment.

It is denied that Capital One served any default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a complaint Default Notice was served upon the defendant.

On xxxxxx I sent a request for the inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors as they are acting for the Claimant. I requested the Claimant provide a copy of the Agreement, Default Notice and Notice of Assignment.

Reston Solicitors have not sent any of these documents to me.

On xxxxxx I sent a formal request for a copy of the original agreement to Cabot Financial UK Ltd as creditor pursuant to section 77/78 of the consumer Credit Act 1974 along with a statutory £1 fee.

The Claimant has failed to comply with s77/78 Consumer Credit Act 1974 and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

Under Civil Procedure Rule 16.5 (4) Where the claim includes money claim, a defendant shall be taken to require that any allegation relating to the amount of money claim to 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

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.
in the event that the relevant documents are received from the claimants then I will be in a position to amend my defence and I would ask that the Claimants bear the cost of amendment.

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.

[Fredag8]

Re: Cabot county claim form received

Thank you so much, so can I just copy and paste this into the defence box on my claim?

[Amethyst]

Re: Cabot county claim form received

Once you've filled in the xxxxxxxxxx's yes it should be fine.... if you're doing it on moneyclaim online you won't need the statement of truth at the bottom.

[Fredag8]

Re: Cabot county claim form received

I've just copied and pasted and filled in all the xxx's lol
Thank you so much
Also if my defence has to be in by tomorrow is it possible to do it in the morning or best to do it tonight?

[Amethyst]

Re: Cabot county claim form received

If you're doing in on MCOL then you can do it any time you like xxx ( well ... so long as it's before 4pm on deadline day )

[Fredag8]

Re: Cabot county claim form received

All done and dusted! Thank you again xx