The Fonzy Quiff v cabot

[The Fonzy Quiff]

Cabot v The Fonzy Quiff
Issue Date: 10.02.2016
Amount approx: £600
Claimant: cabot
Solicitor: restons
Original Creditor: capital one
Particulars of Claim: The claimants claim is for the sum of xxx under an agreement regulated by the Consumer Credit Act 1974, between the defendant and Capital One account number xxxx and was assigned to the claimamt on xx/09/2015, notice which has provided to the defendant. The defendant has failed to make payments in terms of the agreement despite requests for such payment and the claimant claims the sums of £xxx together with costs.
Is the debt Statute Barred? No
List any letters you have sent:
Acknowledge submitted moneyclaim 25.02.16
CCA to claimant sent 26.02.16
CPR to solicitor sent 26.02.16


Any Other Info:
I work out my defence needs to be before or on the 23.03.16
No replies from cabot or restons yet following CPR/CCR letters sent

[The Fonzy Quiff]

Re: The Fonzy Quiff v cabot

14 days have passed for info, what do i do next ?

[nemesis45]

Re: The Fonzy Quiff v cabot

Hello Fonzy,

Things to watch out for with Cabot and Restons.
The denial of receiving documents and or statutory fees,
Keep the postal receipt and if sent by signed for post the delivery date and signature.

When was the account opened and when was it defaulted.

Do you have a defence or will you be relying on lack of documentation alone?

nem

[The Fonzy Quiff]

Re: The Fonzy Quiff v cabot

Hello nemesis, thanks for the reply

Yes i have kept both receipts and it was to sign for.

I think the Account was opened in nov 2005 and defaulted aug 2010, though account numbers do not match, however i have read cabot make their own account numbers up.

My defence will probably only be lack of evidence?

Looking at knocking up defence over weekend, looking at others now

Any other advice? Thanks

[nemesis45]

Re: The Fonzy Quiff v cabot

Hello nemesis, thanks for the reply

Yes i have kept both receipts and it was to sign for.

I think the Account was opened in nov 2005 and defaulted aug 2010, though account numbers do not match, however i have read cabot make their own account numbers up.

My defence will probably only be lack of evidence?

Looking at knocking up defence over weekend, looking at others now

Any other advice? Thanks

You are on track! Make a draft defence and post so we can go through it with you.

nem

[The Fonzy Quiff]

Re: The Fonzy Quiff v cabot

Ok cheers nem, might try n knock something up tonight and post gives more of a chance for you n the guys to have a gander.
Is it best to send it to court? Or will online do?

[nemesis45]

Re: The Fonzy Quiff v cabot

Ok cheers nem, might try n knock something up tonight and post gives more of a chance for you n the guys to have a gander.
Is it best to send it to court? Or will online do?

Online at MCOL.

nem

[The Fonzy Quiff]

Re: The Fonzy Quiff v cabot

1: I received the claim from Northampton County Court on 23rd February 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 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 when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Capital One to Cabot on xx.09.2015. The Defendant does not recall receiving notice of this assignment.

7. 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 compliant Default Notice was served upon the Defendant.

8: On the 26th February 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Restons has not sent any of these documents to me.

10. On the 26th February 2016 I 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.

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

12. 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. 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.

15. 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.

16. 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.



Signed …………………………………………

Dated .................................................. ....


Here you go, there is a bit in questions 10 and 11 where im unsure of which number i refer too, but how does that look? Any help will be appreciated 👍🏻

[Noah]

Re: The Fonzy Quiff v cabot

Just my thought

In 6 you say that the account was assigned from cap 1 to the claimant
In 4 you say that you did not enter into a an agreement with the claimant , clearly as it was later assigned you did not

Do you mean that you do not recall entering into an agreement with cap 1?

If not I would remove 4 as it just looks silly

[charitynjw]

Re: The Fonzy Quiff v cabot

1: I received the claim from Northampton County Court on 23rd February 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 a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with Claimant for provision of credit.

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 when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Capital One to Cabot on xx.09.2015. The Defendant does not recall receiving notice of this assignment.

7. 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 compliant Default Notice was served upon the Defendant.

8: On the 26th February 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Restons has not sent any of these documents to me.

10. On the 26th February 2016 I sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12. 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. 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.

15. 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.

16. 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.



Signed …………………………………………

Dated .................................................. ....


Here you go, there is a bit in questions 10 and 11 where im unsure of which number i refer too, but how does that look? Any help will be appreciated 

You have listed two #4's.

[nemesis45]

Re: The Fonzy Quiff v cabot

Section 78 CCA 1974
and Charity is correct remove 4 They claimant inherits the rights and obligations of the original agreement/

nem

[The Fonzy Quiff]

Re: The Fonzy Quiff v cabot

Two number 4s!! Doh :-)
Cheers for the spot though.

I have edited to read like this:

1: I received the claim from Northampton County Court on 23rd February 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 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 when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Capital One to Cabot on xx.09.2015. The Defendant does not recall receiving notice of this assignment.

7. 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 compliant Default Notice was served upon the Defendant.

8: On the 26th February 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Restons has not sent any of these documents to me.

10. On the 26th February 2016 I 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.

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

12. 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. 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.

15. 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.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth



If this looks ok to you, when would you submit your defence? A day before, 2 days before? On the day? Im unsure

Thanks

[The Fonzy Quiff]

Re: The Fonzy Quiff v cabot

any opinions before i put my defence in?
Thanks

1: I received the claim from Northampton County Court on 23rd February 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 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 when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Capital One to Cabot on xx.09.2015. The Defendant does not recall receiving notice of this assignment.

7. 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 compliant Default Notice was served upon the Defendant.

8: On the 26th February 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Restons has not sent any of these documents to me.

10. On the 26th February 2016 I 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.

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

12. 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. 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.

15. 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.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[nemesis45]

Re: The Fonzy Quiff v cabot

any opinions before i put my defence in?
Thanks

1: I received the claim from Northampton County Court on 23rd February 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 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 when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Capital One to Cabot on xx.09.2015. The Defendant does not recall receiving notice of this assignment.

7. 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 compliant Default Notice was served upon the Defendant.

8: On the 26th February 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Restons has not sent any of these documents to me.

10. On the 26th February 2016 I 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.

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

12. 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. 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.

15. 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.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

Looks good to go Fonzy.

nem

[The Fonzy Quiff]

Re: The Fonzy Quiff v cabot

Thanks nem 👍🏻