Well ignore that ..they simply mean that Restons are acting for them on the claim.....the above requires a few edits

OK - their letter actually says it is assigned to restons. But Okidokes.

What needs changing?

I'll get it sorted tomorrow after work - re-post it here to be checked and then subit it.

Thanks again for all the help

Take a further look at your point 1...its weak....its okay to say you have in the past held accounts but you need to add further as to why you dispute the claim.

I would drop the references to Notices of Sums in Arrears and concentrate on the actual default notice the breach and put them to strict proof

The claimant does not need to show how you entered into an agreement with the claimant...because they have not said you have...they stated...

" under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012 "

The rest is okay

Hi everyone, I've taken out the bits suggested.

Here's how it looks now - please let me know your thoughts. I am hoping to get this defence in tonight. (Or should I wait one more day in case they come up with evidence?)

Particulars of Claim

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012

2. And assigned to the claimant on Sept 24 2015

PARTICULARS a/c no *****************84845

DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

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 accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. They have stated the account number in their particulars..are you sure your unaware?

2. Paragraph 2 is ........?

3. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond.

Therefore the Claimant is put to strict proof to:

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

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of service of Notice of Sums in Arrears

(d) 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 reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Few notes above hilighted

Andy

Thank you Andy,

i have edited as suggested.

Should I remove all of part 2 in my defence?

I have seen it in other defences, so thought it should go in.

I'm pretty sure I did have an account, but honestly don't remember opening it, or ever using it - although guess I must have as I did make payments.

and when I do post my defence,

do I just paste it all in online,

or do I have to upload the word document?

Thanks again

Thank you Andy,

 

i have edited as suggested. Should I remove all of part 2 in my defence? I have seen it in other defences, so thought it should go in. I'm pretty sure I did have an account, but honestly don't remember opening it, or ever using it - although guess I must have as I did make payments.

You mean your point 1. ?

And you need to finish your point 2.

On a previous edit you said to remove point 2 - so I just renumbered, leaving 2 out.

As it stands so far:

Particulars of Claim

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012 and assigned to the claimant on Sept 24 2015

PARTICULARS a/c no *****************84845

DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

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 accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Capital One; and

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of service of Notice of Sums in Arrears

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

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

3. 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.

4. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond.

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.

Oh! Yeh - point 1. Point 2 was (previously)

2 I have no recollection of ever receiving a Notice of Assignment over 2 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

Got to get up early tomorrow, but will be home shortly after 5PM.

I'll get any further edits done then, and if OK will submit.

Thanks again.

Post your final draft with all amendments here first before submitting .

Regards

Andy

just use the std holding def please

why adapt it????????????

Particulars of Claim

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012

2. And assigned to the claimant on Sept 24 2015

PARTICULARS a/c no *****************84845

DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

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 accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

2. Paragraph is denied I have no recollection of ever receiving a Notice of Assignment over 2 years ago nor ever been approached with regards to any alleged debt.

3. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Capital One; and

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of service of Notice of Sums in Arrears

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

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

5. 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.

6. 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.

just use the std holding def please

why adapt it????????????

I don't understand that. Sorry.

I am really worried that I have the dates wrong, so will use this defence tomorrow morning with any amendments suggested.

Can anyone confirm a: this is OK to use, and B: that I just copy the bit from the word Defence onward and paste it somewhere online? (IE No particulars etc.)

Thank you all so much - I must admit I have been more stressed than ever lately. Hoping this will change once I get this all done.

I know it wasn't much I donated yesterday; hoping to add to that after payday as a way to thank you all

The defence in post #62 is correct...I keep amending your attempts and you keep posting it back reverted ...hence I unapproved your last post.

You dont submit the red particulars.

Andy

Thank you Andy,

Sorry for being a bit dim - I should have realised.

I've ha no replies from either restons or cabot - I guess that's not necessarily a good or bad thing?

No thats the norm as per the other 1000s Restons threads:wink:

All done - now to wait and see. But at last there is nothing I can do for a while, so should be able to stop worrying until I hear.

Nothing to worry about even if you do hear..

I've had a response from the court saying the claim will be automatically stayed if the claimant doesn't respond in 28 days.

I've heard nothing more from Restons or Cabot.

Guessing this is all normal, and I just need to wait a while.

It's been nice being able to sleep without worrying too much

You'll get willy waving from rectums

You only respond if the court write

LOL!

OK- cheers

Had a willy waving reply - basically saying I'm a silly boy for using a form from a forum as my defence LOL

Then I got a although we are sure we will win, we will accept £xxxx in settlement - but the debt will not be parked as paid in full.

Ignored both. Guessing something should happen soon regarding court? IE they file their response - or it gets staid or something?

yep

Already stayed...now whos the silly boys ?

Seriously aggravatin...no G

Andy

I haven't actually asked. What will eventually happen? I have no idea of the process.

Cheers