Cabot/Restons -claimform - 2 merged First Direct 'debts'

[dx100uk]

So def is due by 4pm Friday

 

You do not tell the court you know the types of debt these are

This is not your job

It's the claimants

 

You simply file a holding def

Post it up here first

I'll look later to see if I can find one

 

But go look yourself for threads on like claims

(2 unknown debts)

 

Dx

[bunkbed]

If the issue date was 01/09/2015, then is my date to submit my defence 03/10/2015? Does it matter that that's a Saturday?

[bunkbed]

So def is due by 4pm Friday

 

You do not tell the court you know the types of debt these are

This is not your job

It's the claimants

 

You simply file a holding def

Post it up here first

I'll look later to see if I can find one

 

But go look yourself for threads on like claims

(2 unknown debts)

 

Dx

 

I've not been able to find a defence for 2 accounts yet, still looking.

 

In the meantime, is this something I can start for my defence?

 

Defence

 

1.The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,

Furthermore a request was made pursuant to the CCA1974 section 78 and as at this date the claimant has failed to comply

and therefore in default of said request, 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 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.

 

4.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 consumer credit Act 1974.

 

5.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.

 

[dx100uk]

if you file after 4pm on Friday your defence will not be registered till Monday ...after the 33 days [whereby day one is the date on the claimform.)

 

 

defence looks reasonable

i'll go see what I can find too.

 

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?429851-Cabot-Restons-Claim-Form-lloyds-OD-amp-Credit-Card-debts-***Claim-Discontinued***

 

 

worth a read still looking

 

 

dx

[bunkbed]

http://www.consumeractiongroup.co.uk/forum/showthread.php?429851-Cabot-Restons-Claim-Form-lloyds-OD-amp-Credit-Card-debts-***Claim-Discontinued***

 

 

worth a read still looking

 

 

dx

 

Hi dx

 

Any joy with finding a joint defence?

[dx100uk]

funny I posted 2 links...hang on

[dx100uk]

post 19 here try that

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433538-Cabot-claimform-received-for-merged-vanquis-MBNA-debts-***Claim-Discontinued***

[bunkbed]

post 19 here try that

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433538-Cabot-claimform-received-for-merged-vanquis-MBNA-debts-***Claim-Discontinued***

 

Brill thanks.

 

Do I need to list the exact POC at the top of my defence?

[AndyOrch]

No that's only for reference for checking it responds to the particulars.

 

Regards

 

Andy

[dx100uk]

I'd post it upfirst

[bunkbed]

Is this OK?

 

POC

------

1.The claimant claims payment of the overdue balances (set out below)

which the Defendants(s) have failed to pay as required under contracts with the following particulars.

acc no XXXXX and acc no XXXXX, between the Defendants and First Direct dated on or about Jul 2007 and Aug 2001 respectively.

2.The contracts were assigned to the claimant on Oct 2014 and Oct 2014 respectively.

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the xx/xx/xxxx .To date I have had no response.

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request, this was posted on xx/xx/xxxx, to date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 consumer crediticon Act 1974.

 

6. 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

[dx100uk]

adapted a bit

 

 

ok to go as far as I can see

 

 

give it the day

 

 

if andy does not pop in

 

 

file it via the MCOL website toward/by 4pm today

[bunkbed]

Defence submitted, thanks for all your help.

[bunkbed]

Hi

 

After submitting my defence I've had this letter back from Restons.

 

On the 2nd page it mentions about them not receiving the CCA request, but I sent this direct to Cabot, should I have copied them in as well?

 

Given the letter should I think about withdrawing my defence?

 

Thanks.

 

[ATTACH=CONFIG]60072[/ATTACH]

[ATTACH=CONFIG]60073[/ATTACH]

[dx100uk]

usual crap from farter

ignore

 

 

and go read a few other like claims

 

 

dx

[AndyOrch]

usual crap from farter

ignore

 

 

and go read a few other like claims

 

 

dx

 

Even Restons

[dx100uk]

do they copy each others letters....urm...

 

dx