Cabot/Marlin/Mortimer unknown claimform - stayed since 2013 - old lloyds loan

[Guest]

they didn't file for judgment following no defence, 3 yrs ago! lucky there.

get that defence in asap

[dx100uk]

The Defendant/s 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 accepted. in that I have, in the past, entered into an agreement with Lloyds Bank, however I do not recall the exact details, as it is over 8 years ago, I have requested the claimant solicitors to verify the exact details of this claim by way of a CPR 31.14. I have requested the claimant to verify the exact details of this claim by way of a Section 77 request.

 

2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract; 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.

 

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

 

6. On date I made a legal requests by way of a section of a CPR 31:14 request to the Claimants solicitor & a CCA Section 77 request to The Claimant.

To date neither has yet to comply and are therefore is in default of this request and as such unable to request any relief until compliance.

 

7. 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed.

 

 

.................

 

 

fill in blue date

then

please send it to ccbcdefendants@hmcts.gsi.gov.uk and ensure you quote “Claim response” and quote the claim number in the subject field.

[becareful there are no spaces in the email ad]

 

 

dx

 

.

[Steven_Brown]

Thank you dx, I've sent them in. I'll post up any responses I get.

[Steven_Brown]

I received a letter from Mortimer Clarke today saying that I may have already "Inspected" the documents to which I make reference. They want me to confirm what documents I require then they will take clients instructions.

 

I'm not sure which documents they mean.

 

They go on to say that they have received my defence and are taking clients instructions, in the meantime the matter is on hold.

[Guest]

They go on to say that they have received my defence and are taking clients instructions, in the meantime the matter is on hold

another 'hold'

well, they have around 28 days to do something with the court, otherwise it will get auto stayed.

 

I received a letter from Mortimer Clarke today saying that I may have already "Inspected" the documents to which I make reference. They want me to confirm what documents I require then they will take clients instructions.

a cca request, and cpr 31.14, is self explanatory isn't it? oblige or dont.

[Steven_Brown]

Are they just wasting time?

 

Should I sent the cpr 31.14 again?

[Guest]

 

Should I sent the cpr 31.14 again?

no

[dx100uk]

its just the usual twaddle they send

safe to ignore it.

 

 

dx

[Guest]

 

 

a cca request, and cpr 31.14, is self explanatory isn't it? oblige or dont.

just clarify. that is re the claimant to oblige or not, not you.

you've sent the requests, presumably as per the templates. so they dont really need any further clarification.