Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.

[Heretolearn]

Done all of the above and donated 

[Andyorch]

[Heretolearn]

Received letter from mortimers today saying they will wait for their client to come back to them , and that their client may  not have the relevant paperwork

[dx100uk]

well they've had 18mts warning to get rifling through their filing cabinets to find suitable fake paperwork to cut n paste your details onto...

 

don't forget you file your defence regardless by 21st @ 4pm

[Heretolearn]

Hi good day , defence day is nearing , as issue date was actually 21st, as yet only corespondence Ive had is mortisers saying they have passed the request on to the claimant...

damm predictive text....mortimers not mortisers !!

[Andyorch]

Are you sure...?

 

You previously posted ......

 

Name of the Claimant ?

CABOT FINANCIAL UK LIMITED

Date of issue – 20 JUL 2020

[Heretolearn]

oops yeah it is the 21st 

[Andyorch]

Friday 21st by 4.00pm

[Heretolearn]

Cheer

2 hours ago, Andyorch said:

Friday 21st by 4.00pm

Cheers Andyorch

[Heretolearn]

Cheer

On 17/08/2020 at 15:57, Andyorch said:

Friday 21st by 4.00pm

 

Good Morning

 

Any hints on what to post as defence thanks

[dx100uk]

twill b e almost the same as you did in 2017 for lowellls where you won.

you just inc a line regarding the cca request and drop the airtime contract sentence.

 

claimform card

 

in our search should find lots of examples.

 

dx

 

[Andyorch]

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Post your draft defence here before submitting for opinion.

 

 

[Heretolearn]

okay here is my defence guys

 

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 noted and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.

 

6. 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, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an Agreement ; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© 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;

 

7. 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

 

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

 

9. 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. 

 

10. 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]

what about the cca request?

dx

[Heretolearn]

8 minutes ago, dx100uk said:

what about the cca request?

dx

 

 

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 noted and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.

 

6. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request.

 

7. 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, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an Agreement ; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© 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;

 

7. 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

 

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

 

9. 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. 

 

10. 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.

 

 

Updated 

 

[Heretolearn]

 

Updated draft 

 

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 noted and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.

 

6. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request.

 

7. 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, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an Agreement ; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© 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;

 

7. 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 / CCA Request

 

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

 

9. 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. 

 

10. 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.

 

 

[Heretolearn]

 

 

Okay , Hopefully final draft (kept missing CCA Request out)

 

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 noted and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14./CCA Request

 

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.

 

6. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request.

 

7. 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, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an Agreement ; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© 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;

 

7. 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 / CCA Request

 

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

 

9. 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. 

 

10. 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.

 

 

 

 

[Heretolearn]

Hi anyone help

 

keep getting the below no matter how many times I put a signature in on mol site

The following errors have occurred:

1. Signature is required.

 

its ok , called , sorted