jacquic75
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hi reading other threads, stayed is that the whole claim is basicly put on hold?
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Quick update. Got this in the post from Cabot. PDF to left of this text
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wohooo haha got there in the end ;-) Thank you all so much for your assistance - i will submit now and print. I will return once I hear anything to update. Thanks Again
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Particulars of claim 1.By agreement between citi financial and defendant on or around last qtr of 2007 (says actual date) citi agreed to issue the defendant with a credit card upon the terms and conditions set out therein. 2. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. 3.The agreement was assigned to the claimant on mid 2010 (says date) the claimant therefore claims £xxxx Defence I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Citi Financial for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement with the Claimant; and (b) Show how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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see below
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ok edited ................... I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by Cabot Financial. 1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof. 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 Civil Procedure rules. (Even allowing for the constraints of the bulk issue system) 3. No documents supporting the claim in the particulars have been offered which The Defendant needs to establish what agreement it is that this action is based upon and so The Claimant's claim appears without merit. Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request. A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim. 4. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act. 5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Statement of Truth I believe that the facts stated in this defence are true. Signed Defendant
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hi andy are you saying that i should direct the points 1 2 3 in my defence to their actual claim points 1 2 3 i.e 1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof. 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 civil procedure rules. (Even allowing for the constraints of the bulk issue system) 3. No documents supporting the claim in the particulars have been offered which The Defendant needs to establish what agreement it is that this action is based upon and so The Claimant's claim appears without merit.
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dx Hi i did find that in that section of the forum, anyway i have edited the above post with one that closest matched my case. My deadline is tomorrow (friday 16/10/14) at midnight. Can/should i file early? also should i reference to previous cca requests made? Thank
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how does this look... Particulars of claim 1.By agreement between citi financial and defendant on or around last qtr of 2007 (says actual date) citi agreed to issue the defendant with a credit card upon the terms and conditions set out therein. 2. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. 3.The agreement was assigned to the claimant on mid 2010 (says date) the claimant therefore claims £xxxx DEFENCE I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by Cabot Financial. 1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with Citi Financial. 2. it is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement with the Claimant; and b) show how the Defendant has reached the amount claimed for; and c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request. A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim. 4. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act. 5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Statement of Truth I believe that the facts stated in this defence are true. Signed Defendant
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Ok I have just over 48hrs to file my defence should no paperwork turn up. I have been searching around other threads and found this: http://www.consumeractiongroup.co.uk/forum/showthread.php?204093-Template-needed-for-Embarassed-Defence-Please! Could I use a similar defence to the one in the 2nd post after changing it to suit this case? I would rather be prepared to file it on Friday evening by preparing it now. To date all I have received is 2 letters, 1 confirming receipt of CPR request and 1 confirming receipt of CCA request. Thanks J
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Just a quick update, Cabot have said they have received my cca request and it is being dealt with. I need to file my defence a week this friday so would it be sensible to start preparing this early to mid next week (subject to receiving/ not receiving paperwork as per cpa request)? also if i prepare it can i post it in pdf form for you guys to check over as copies of templates should not be posted.
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ok Ford thanks, I will just ignore and file on time. Will come back and advise if i get any other communication from either Mortimer or Cabot
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Thank you for all your help everyone, I would say decline the extension by not informing the court? Should they not come back to me with the appropriate paperwork and I file a no paperwork defence what is the likely outcome?
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Ok date top right on claim form is the 16th sep 2014. My acknowledgment of service was submitted on 19/09/2014 My acknowledgment of service was received on 22/09/2014 This letter that hopefully you can see now as pdf is in response to the CPR. Cabot have not responded to the latest CCA. I still have original CCA request and proof of recorded delivery postage but I have not mentioned this to either Mortimer or Cabot.
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[ATTACH=CONFIG]53491[/ATTACH] Small Update. Attached letter arrived today.
