Court Claim recieved - Pls Help

[davidro99]

Hi,

 

I recieved a court claim from Cabot regarding a debt which I do not believe is mine.

 

I am a lawyer, and know how to respond, but if anyone can help with any tips as to what to put in the defence, any good ponts for my part 18 requests and who the best is to complain to about the DCA?

 

a copy of my defence so far is below

 

 

DEFENCE

 

1. The Defendant acknowledges no debt whatsoever to the Claimant and/or subsidiary company of the Claimant

2. The Defendant has no knowledge of any loan taken out through the Halifax Plc whether under reference xxx or otherwise. The Claimant is therefore put to strict proof of each and every allegation made within the particulars of claim.

3. The Defendant denies that he has failed to pay any monies owed to the Claimant by virtue of that the Claimant has mis-identified the relevant Defendant.

4. The Defendant avers that the Claimant has brought a claim against an innocent person who has no connection with the Debt claimed.

5. The Defendant further avers that the Claimant has failed to exhaust correspondence enquiries with the Defendant and/or provide satisfactory evidence that the Defendant is the correct Debtor in this instance.

6. The Claim for interest is noted.

 

 

A copy f my part 18 request so far is below:

 

This request is made under Part 18 CPR and your full replies are expected within 21 days as per the aforementioned court rules and confirmed by a statement of truth.

1. If it remains your case that it is your case that the Defendant is the correct Defendant in this instance and not a mis-trace, please supply the following:

• A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened,
  
• Details of the Branch at which the loan was issued,
  
• The address given by the applicant at the time when the loan was issued,
  
• The account details the loan was paid into,
  
• A copy of the applicants signature
  
• All records you hold on me relevant to this case, including but not limited to:
  a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
  b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
  c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.
  d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
  e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
  f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
  g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
  h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
  i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
  j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
  

2. Please provide copies of all correspondence sent to xxmyaddressxx

3. Please provide details of the number of searches performed on xxmexx and the number of different matches obtained.

4. Please provide copies of all correspondence sent to any other address in relation to this matter.

Any help appreciated thanks,

 

 

 

[Michael Browne]

Have they recorded a default on your credit record? If so, you should include a requirement that the default and any adverse comments be removed.

[davidro99]

Hi,

 

I have not had a loan with the company who is mentioned (Halifax), therefore ther is no record on my credit file of this debt.

 

David.

[itsamomentintime]

• A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened,

 

 

 

this is crucial. if this is not supplied, then you have a complete defence to this court claim

[davidro99]

I intend to make a strike out application as soon as the court transfer it to my locality as i can't be bothered going to Northampton.

 

Anyway, i will let them have their chance to provide the info requested before I make any such application.

[Having_A_Knightmare]

Can you just clarify something for me.

 

If you receive a Court summons do you send the CPR letter to the creditor?

What do you write on the Court summons?

Does it make a diffrence if it has come from the bulk centre?

Cheers

 

HAK

[B3rty]

Interesting case no doubt as a lawyer you will see them off....and hopefully keep us informed along the way......good luck