Cabot/? claimform - Court Claim - Old Welcome Finance Secured Loan

[CBBlue]

Yes ... Claimant - Cabot Financial (UK) Ltd

Address for sending documents and payments - Ascent legal

[Andyorch]

Good...so when they decide who has your agreement..if they have an agreement..... they may comply...normally a solicitor is the last one to request it from... but this is Cabot.

[CBBlue]

Let's see what they provide in response to the CPR 31:14 request sent to Ascent

[dx100uk]

hopefully nothing...

[CBBlue]

Good...so when they decide who has your agreement..if they have an agreement..... they may comply...normally a solicitor is the last one to request it from... but this is Cabot.

 

I have drafted a defence below. Could you please let me know if any amendments should be made. You have previously made reference (#5) as to why are they seeking judgment for a debt already secured. How can this be included?

 

Thanks in advance.

 

Particulars of claim:

1. By agreement(s) entered into between the Claimant and Defendant, the Defendant has failed to pay the sum of £23k.

The Claimant has requested payment but the Defendant has failed to pay the full sum demanded.

 

2. The Claimant claims the sum of £23k and interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from 03/02/2017 until judgement or sooner payment.

 

3. Costs.

The claim does not include issues under the Human Rights Act 1998.

 

4. The Claimant has complied with Sections III and IV of Practice Direction PreAction Conduct of the Civil Procedure Rules.

 

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. I have in the past had financial dealings with Cabot Financial (UK) Ltd. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. I am unaware of what account or contract the claimant refers to.

 

3. The claim is denied with regards to an amount due under an agreement(s). The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14 request. To date I have yet to receive a compliant response.

 

4. The Defendant also requested information pertaining to this claim from the Claimant by way of a Section 77 CCA request. To date I have yet to receive a response complying with the request.

 

5. The Claimant is put to strict proof to show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. 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; and

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

© Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

8. 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.

 

9. 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.

[Andyorch]

Particulars of claim:

 

1. By agreement(s) entered into between the Claimant and Defendant, the Defendant has failed to pay the sum of £23k.

The Claimant has requested payment but the Defendant has failed to pay the full sum demanded.

 

2. The Claimant claims the sum of £23k and interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from 03/02/2017 until judgement or sooner payment.

 

3. Costs.

The claim does not include issues under the Human Rights Act 1998.

 

4. The Claimant has complied with Sections III and IV of Practice Direction Pre Action Conduct of the Civil Procedure Rules.

 

Defence

 

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.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant.

 

2. Paragraph 2 is denied as the Defendant did not enter into any Agreement with the Claimant.

 

3. Paragraph 2 is denied 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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

Not withstanding the above...

 

4 On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14 request.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

5 On receipt of this claim I also requested information pertaining to ('the Agreement') by way of a Section 77 CCA Request. The Claimant has failed to comply and remains in default.

 

6 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7 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.

 

8 Further, by reason of the fact that there is no document nor any agreement with this claimant and 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.

[CBBlue]

Thanks Andy...will submit defence tomorrow for both myself and the wife

[Andyorch]

We can retain the fact that its a secured loan already for later into the process and the fact that they have failed to state that it was assigned to them and they are not the original creditor.

[CBBlue]

Andy...this may be a stupid question. When I log in and submit the defence should I include the particulars of claim before, as per your post?

[Andyorch]

No...thats for my reference only when drafting the response

[CBBlue]

Sorry if this sounds pedantic, but on the Claim Form the Particulars of Claim are all in one paragraph.

 

Should the references to Paragraph 1 and paragraph 2 in the above defence be amended to say sentence 1 and sentence 2 or should they all say paragraph 1?

[dx100uk]

nope

just copy and past it from a text based format

[Andyorch]

Sorry if this sounds pedantic, but on the Claim Form the Particulars of Claim are all in one paragraph. Should the references to Paragraph 1 and paragraph 2 in the above defence be amended to say sentence 1 and sentence 2 or should they all say paragraph 1?

 

The reason you break down block pleadings into paragraphs is to make your defence more concise and responsive to each statement of case.

 

A sentence is one or more complete thoughts or expressions. A paragraph is one or more sentences that relate any number of thoughts about a single subject or about an aspect of a subject.

[CBBlue]

Thanks Andy for the explanation and DX100UK.

[CBBlue]

Attached is the response received from solicitors in respect to our CPR 31:14 Request.

DOC100317-1.pdf

[dx100uk]

std rubbish ignore it.

 

 

the clock is ticking

they are going nowhere without paperwork they have 28 days from your defence filing date

[CBBlue]

Had letters from court on 8th March confirming defence sent to claimants solicitors.

 

Not heard anything since. Checked online and last transaction was our defence.

 

As we are well past the 33 days should this now be stayed and if so will the court automatically inform us.

[dx100uk]

no its stayed.

 

 

read the letter from the 8th march