Citi Financial - Cabot/Mortimer Clarke Court claim form received

**dx100uk** · October 15, 2014

that's not one from here

you've repeated yourself too

look here

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

dx

jacquic75 · October 16, 2014

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

AndyOrch · October 16, 2014

I have added your particulars to the post above now jacquic and numbered their points.Now look at your proposed defence...in particular your points 1/2/3 in response to theirs.

Andy

jacquic75 · October 16, 2014

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.

AndyOrch · October 16, 2014

Correct ...that is what they are stating are the points of their particulars and the reason for their claim.

jacquic75 · October 16, 2014

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

Edited October 16, 2014 by jacquic75

AndyOrch · October 16, 2014

I personally would just have addressed points 1/2 and added a 3 ,the rest of the defence was fine in that you are putting them to strict proof...in the above you are not.

BTW it does not require a statement of truth as I assume you eill be submitting this through MCOL.

jacquic75 · October 16, 2014

see below

Edited October 16, 2014 by jacquic75

AndyOrch · October 16, 2014

Responding to you PM Jacq

Ok here is a defence for a credit card claim done today for another poster..it contains her particulars in red and then her defence in black.

Look how her responses answer their points 1/2/3 once you get past that its a standard holding defence that works for any defence.Your 1&2 above does not reply to anything its meaningless.You dont need all that I the defendant nonsense.

EXAMPLE

Particulars of Claim do not submit with your defence

1.By an agreement between Bank of Scotlandicon (Aqua Card) ("BoS") & the defendant on or around 07/2008

("the agreement") BOS agreed to issue the defendant with a credit card upon the terms & 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 07/2011. the claimant therefore claims £2303.57

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 Bank of Scotlandicon 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

(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.

Have another go,

Andy

jacquic75 · October 16, 2014

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.