Capquest Claimform - OHs old Cap 1 card debt

[dazza3956]

ok .will phone the court monday morning.

i filled in the one where it said acknowledgenent of service on line.there were 3 or 4 options.

the acknowlegement of service said about giving me 28 days to file a defence.there was another option to defend but that wanted a defence there and then.

will have to see what the court says on monday.

thanx

dazza

[dazza3956]

yes it has on it:

 

summary details

claim no.

response type AOS

claimant name capquest

defendant name.xxxxxxxxxx

submission time and date.

[creditcardmug]

well in that case i think they have just sent out the wrong letter, phone them you should be ok.

[dazza3956]

ok .will phone first thing monday.

thanx

dazza

[dazza3956]

hi

just got off the phone to the court and they reckon a defence was filed on the 19th nov.

there is no way on this earth that i have put any form of defence in.they reckon the defence was "proof of debt".

on line was just acknowledgement of service and didn't even ask about a defence.(just that it was going to be defended).

they also said it was received on the 19th nov.the acknowledgement was done on line on the 15th nov and reckognised on the 17th by the court.

the lady at the court couldn't tell me how the defence was received ie.by letter or on line.

she also said that now if i put a defence in it would be invalid as a defence has already been received.

she told me to contact moneyclaim to see if they can shed any light on it.

what do i do now?

she also said it would cost £75 to have the claim set aside to start afresh.

please could someone advise.

thanx

dazza

[maroondevo52]

Threads merged.

[MARTIN3030]

Ok have modded some posts to support smooth merge.

[MARTIN3030]

All very confusing.

 

Daz can you just confirm;

 

 

1.Original date you filed on MC and when it was deemed as served.

 

2.Date you got for Ack by other side.

 

 

 

This is clear indication of the problems with MCOL with these issues.

Far better to file in open Court on N1

 

I realise its a bit late to point this out now-its for the benefit of others who are following and are set for lit.

Moneyclaim was never set up for these sorts of actions.

Edited November 24, 2008 by MARTIN3030

[dazza3956]

hi

the original date filed on mclaim was 15th nov.date acknowledged 17th nov.

was told by lady at northampton court defence was filed 19th nov.not by me or my partner .so who filed a defence?

would like to add .was advised to post in legal issues but had e-mail saying post unapproved.

where do i go from here?

please help.

thnx

dazza

[MARTIN3030]

Ok have modded some posts to support smooth merge.

 

 

Excuse the interruption.

 

It appears there is some questioning of this action.

 

To explain in a little more detail,the posts referred were moderated temporarily so as to highlight the immediate issues.

There was no other reason other than this.

 

As a site team helper I am entrusted with tools that assist. Its not my intention,nor ever will be,to use those tools without thought and good reasoning.

[MARTIN3030]

Daz I think you should call them again.Ask to speak to a section supervisor.

They can get the case info onscreen and tell you whats there.

Its obvious from the timetable that something is not right-its no good us here trying to guess or make assumptions-because only they can know for real.

They should be able to determine if there IS a defence-who has filed it.

If you have access to a FAX ask them to Fax a copy of the defence to you if there is one.

I have only used Mcol once and they did this for me (albeit a different Doc)

Come back and let us know how you get on with it.

For the moment theres nothing else really to move on until this is cleared up.

[dazza3956]

do i phone the court or mycol?or both?

[MARTIN3030]

Mycol,since it was online claim-any action would have been sanctioned there before a local Court.

[dazza3956]

hi.

just spoke to mycol.they told me they couldn't tell me anything as they had to look at the files to see what they've received .asked to speak to section supervisor and was told the same thing.(until they see what they received they couldn't do anyhting.)

was told to write a letter explaining that the defence wasn't put in.also to send in the proper defence(whatever its going to be)with the letter.

i explained that we were still awaiting advice on what the defence was going to be.

the deadline is 1st of dec so that doesn't give much time .

will write the letter today but no idea on what to put down for the defence.

please could someone advise on how we go about this as there isn't much time left at all.

we have to phone back tomorrow to see if they have found out anything about what went wrong but she said it could take till monday which i told her that wasn't much good to us as the deadline is monday.she said thats why we have to write the letter to explain.

haven't heard anything from capquest or hl legal.

can anyone help?

thanx

dazza

[underdog13]

Can you send them a fax?

[ScabHunter]

I am bumping this thread, and the one from 1littleduck, to the top because they involve court action with deadlines fast approaching.

 

Both cases can be won with the correct defence. It will be a tragedy if the cases are lost due the defence being faulty, or, even worse, not submitted at all.

 

Apologies to anyone else who is in need of advice, but I feel I need to concentrate exclusively on these two threads until the court papers have been correctly filled in and filed.

 

In this case, it is a defence which must be submitted by 1st December. The thread is very thorough, and a quick read through will tell anyone what the situation is here.

 

I am now going to prepare a defence for this based on other defences which have been successfully used in the past. Any input from anyone with experience of this kind of situation will be much appreciated, even if it just links to material which can be used.

 

SH

 

PS Dazza, can you just confirm for me that Capquest have not responded to your CCA request, and that HL Legal have ignored your CPR 31.14 request, and have replied to your CPR 18 request with a facetious letter cliaming it was an SAR? And that you have recorded/Special delivery slips as evidence that the requests were made.

[dazza3956]

yes we haven't heard anything but i think they have till friday.sent requests on 14th nov according to our receipts.

in reply to earlier post about fax.we haven't got one.

the first we sent cpr .18 .on 3rd nov and they requested £10 for a s.a.r.

Edited November 26, 2008 by dazza3956
added info

[bigegg]

local libraries usually have outgoing fax facilities.

 

and there is a website called yac which will provide you with a fax to email phone number.

 

i cant put the link, because it's a commercial site, put YAC into google to find it - i've used them for about 5 years without problems

[ScabHunter]

I've been trawling through the legal successes forum all afternoon, and I've found this defence composed by pt2537. This was successful in getting the court to order disclosure of relevant documents in a very similar case to this.

 

Following the partially complied with disclosure, an amended defence (also available) was submitted, and the claimant withdrew the claim.

 

Dazza, you might want to read this thread -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/121049-how-defend-claim-loan.html

 

I think this defence could well be adapted to suit the situation here.

 

Any input is welcome.

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

 

Between

xxxxxxxxxxx- Claimant

 

and

 

 

xxxxxxx - Defendant

 

 

Defence

 

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

3. The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

a)The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b)A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c)A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4.Consequently, I deny all allegations on the particulars of claim and do not know what case I have to answer

 

5.Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

6.The claimant responded on the xx/xx/2007 to my request for disclosure under the civil procedure rules stating they feel I have sufficient information and will not comply at this time. However since they have refused to disclose the requested information it is submitted that I do not hold sufficient information to compile a full defence to the claimants allegations at this stage

 

7.It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the documents requested and the claimant is ignoring the overriding objective and the courts attention is drawn to the fact that the claimant has stated in the letter referred to in point 6 that “with regards to full disclosure this will be dealt with under CPR Rule 31 in due course if and when a defence is filed”. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from me

 

8.The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to assess if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

9.The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 8 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

10.Notwithstanding points 8 and 9, both debtor and creditor must sign any such agreements in the prescribed manner. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

 

11.The claimant is therefore put to strict proof that such a compliant document exists

 

12. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I note that without service of a default notice under s87 (1) Consumer Credit Act 1974 the claimant would not have a right to demand repayment of any sums under an agreement or to terminate an agreement

 

13.Notwithstanding point 12, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

14.Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

15.Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

16.In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

17.Alternatively, I respectfully request the court orders full disclosure of the documentation requested in point 5. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly.

 

18.In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/xxx the Consumer Credit Act 1974 is the relevant act in this case should it be suggested that this agreement comes under the Consumer Credit Act 2006.

 

 

Statement of Truth

 

 

I xxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed …………………

 

Date

 

SH

[ScabHunter]

Having gone through this defence, I think points 1 - 4, and 8 - 17 can be used as is.

 

The following points need amending -

 

5 needs amending to cover both of the CPR requests which were made in this case

6 needs amending to quote the cop-out claiming a CPR demand was an SAR, and also to cover the CPR 31.14 request being ignored

7 needs amending, as it refers specifically to a letter from the original case

 

18 needs an approximate date

 

The other point that needs to be added to this defence is a point relating to the splitting of the claim, which was not a factor in the original defence.

 

I will work on this now. If anyone has any useful links, especially to a defence or part of a defence relating to split claims, please post them here.

 

SH

[creditcardmug]

SH i found this on my PC which i saved from a thread a while back, there may be something it it you could use.

 

In the Northampton County Court (CCBC)

 

Claim number

 

 

 

 

 

Between

- Claimant

 

And

 

 

- Defendant

 

 

 

 

Defence

 

1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx

 

2. The claimants 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 CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon

 

4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed .....................

 

Date

[ScabHunter]

Thanks CCM.

 

Point No.6 in particular could be very useful.

 

SH

[ScabHunter]

I have now prepared a defence, based on the one by pt2537 quoted above, for this specific case.

 

Bearing in mind that I have no legal training whatsoever, and that this is the first time I have ever tried to compose a defence to a court claim, I would appreciate it if someone more experienced could look it over for me and give an opinion.

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

 

Between

xxxxxxxxxxx- Claimant

 

and

 

 

xxxxxxx - Defendant

 

 

Defence

 

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

3. The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or preceding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

Abuse Of Process

 

d) Additionally the Particulars of Claim state explicitly that the claimant has split the cause of action insofar that they bring a claim for a part of a debt. The defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly. As a consequence, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as an abuse of process under CPR 3.4 (2)(b).

 

4. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to answer

 

5. Further to the case, on xx/xx/xxxx I requested that the claimant provide a true copy of the executed credit agreement pursuant to s78(1) of the Consumer Credit Act 1974.

 

6. For clarity, s78(1) states:-

78. Duty to give information to debtor under running-account credit agreement.-

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,-

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

7. S78(6) of the Consumer Credit Act 1974 sets out the consequences of failure to comply with such a request and states:-

s78 (6) If the creditor under an agreement fails to comply with subsection (1), he is not entitled, while the default continues, to enforce the agreement

 

8. Capquest Investments Limited have made no reply to this request. The letter was delivered on xx/xx/xxxx by Special/recorded delivery. Please find attached exhibit 1, a copy of proof of delivery.

 

9. Further to the case, on xx/xx/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules Part 18, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

Also, on xx/xx/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules Part 31.14, copies of the documents mentioned in the Particulars of Claim, namely the Credit Agreement, the Notice of Default, and the Notice of Assignment.

 

10. The claimant responded on the xx/xx/2008 to my request for disclosure under the Civil Procedure Rules Part 18 claiming that my legitimate request under the Civil Procedure Rules was in fact a Data Protection Act Subject Access Request, and refused to comply with my legitimate request. My request for information under the Civil Procedure Rules 31.14 has been ignored. Both requests were send via Special/recorded delivery, and were signed for on xx/xx/2008 and xx/xx/2008 respectively. Please find attached exhibits 2 and 3, copies of proof of delivery. Since they have refused to disclose the requested information it is submitted that I do not hold sufficient information to compile a full defence to the claimants allegations at this stage

 

11. It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the documents requested and the claimant is ignoring the overriding objective and the courts attention is drawn to the fact that the claimant has stated in the letter referred to in point 10 that "we require the statutory £10 administration fee. This is in line with the Subject Access Request rules." As the claimant is perfectly well aware that I requested information under the Civil Procedure Rules which require no fee, it is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from me. Please find attached exhibit 4, letter dated xx/xx/xxxx.

 

12. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to assess if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

13. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 8 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

14. Notwithstanding points 12 and 13, both debtor and creditor must sign any such agreements in the prescribed manner. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

 

15. The claimant is therefore put to strict proof that such a compliant document exists

 

16. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I note that without service of a default notice under s87 (1) Consumer Credit Act 1974 the claimant would not have a right to demand repayment of any sums under an agreement or to terminate an agreement

 

17. Notwithstanding point 16, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

18. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

19. Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

20. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

21. Alternatively, I respectfully request the court orders full disclosure of the documentation requested in point 9. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly.

 

22. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 2004, the Consumer Credit Act 1974 is the relevant act in this case should it be suggested that this agreement comes under the Consumer Credit Act 2006.

 

 

Statement of Truth

 

 

I xxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed …………………

 

Date

SH

[ScabHunter]

Dazza,

 

It is nearly 1am now so I have got to get some kip.

 

If you read this, I have prepared a defence that I believe will be appropriate for your specific case. It is in the above post No. 98.

 

I have asked for someone with more experience to check it out, but as of now no-one has. Hopefully they will tomorrow.

 

Get it sent off by Special Delivery if you can, because the time is short. I don't want these "people" to get a judgment by default. Apart from not being overly fond of Crapital One (understatement of the millennium), I don't like claimants abusing the system by splitting claims, or DCAs who tell fairy stories and refuse to comply with CPR requests, or loathsome characters who have not even got the decency to contact someone about an alleged debt before they fire off court papers.

 

I want them to get STUFFED.

 

That doesn't even mention the bogus defence that was filed. Is it just possible for someone of extremely low moral character to print off an N9B form, fill it in pretending to be the defendant with rubbish that virtually admits to the alleged debt's validity, and post it to the court?

 

Note that this is pure speculation and in no way allegation. What makes me wonder is that extraordinary comment by the court staff, that the defence was "proof of debt". Why on Earth would anybody submit a defence which proved a debt?

 

Unless........

 

SH

[creditcardmug]

Excellent SH, well done.