CPR Request Denied

[nemesis45]

Re: CPR Request Denied

That's great. Thanks. I'll start writing up my defence. Is it worth putting it in early or closer to the deadline?

As near as to allow for postal cock ups 3 days perhaps prior to deadline.
Post a copy before submitting and we can go through it with you.

nem

[Diana M]

Re: CPR Request Denied

- The solicitor (Reston) has denied my CPR 31.14 requests (2 of them as above)
- The DCA doesn't have a copy of this alleged CCA and has said getting it could take 40 days
- Defence is due in next week

That's seems to be a useful combination of events

Your Defence deadline is 33 days from the Issue Date on the claim form. Are you anticipating filing it online so you'll have no postal worries? You can also file by email.

However you've not said what the financial 'product' claimed actually is yet.

A credit card, personal loan, HP agreement, bank account overdraft, utility bill, mobile phone contract, catalogue account, Pay Day Loan, A N Other debt may each require different legal arguments in a Defence.

A Template Defence covers the basics, you will need to deal with the specifics.

Di

[jellybelly2016]

Re: CPR Request Denied

Hi Diana, Apologies for the slow reply, I've been unwell. It's for a catalogue account. I'm hoping to draft my defence today (planning on filing it online).

[jellybelly2016]

Re: CPR Request Denied

How's this:



1: I received the claim REDACTED from the Northampton County Court on 20/10/2016


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 catalogue account agreement regulated under the Consumer Credit Act 1974.


4: The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5: The Claimant’s statement of case states that the account was assigned from ORIGINAL CREDITOR REDACTED to CABOT FINANCIAL (UK) LIMITED on May 13 2015. The Defendant does not recall receiving notice of this assignment.


6: It is denied that ORIGINAL CREDITOR REDACTED 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.


7: On the 26th of October 2016, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Contract and Notice of Assignment.


8: Restons Solicitors replied, on 28th of October 2016, refusing to send either of these documents to me.


9: On the 20th of October 2016 I sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK) LIMITED pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


10: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


11: 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.


12: 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.


13: 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.


14: 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 .................................................. ....

[jellybelly2016]

Re: CPR Request Denied

Sorry to chase, but defence due tomorrow and I'm getting nervous... Is my defence OK [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] ?

Many thanks for all the advice