Player?

And I have no idea about a defence, but I guess the only thing I can use is that I was in no fit state to have a credit card at the time?

player- cabot/restons

ofcourse you have a defence!!

which is why I said go read like threads...using the info in post 25

Hi everyone, sorry for delay. I've seen a fair few defences, wondered how this looks.

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.

2 Paragraph 2 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. 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.

Therefore 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 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. On the 4th August 2014 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 Claimant has failed to respond.

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.

I've not had any replies as yet from either Cabot or Restons.

Thanks again for taking the time to have a look.

BTW - I'm Paul

the claimants solicitors have

Claimants solicitors have - instead of the claimant has?

yes because you sent the cpr too?

ooops - dates wrong too - didn't edit them!

There ae lots of 'claimant has' should I change them all?

why?

you only need to change the bit in relation to the CPR you sent it to the claimants solicitor

so you are waiting for THEM to reply not the claimant

the dates were not the dates I sent the CPR etc. I copied from a succesful claim and didn't notice:

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 Oneicon 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.

2 Paragraph 2 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. 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.

Therefore 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 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. 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.

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.

sorry - I couldn't edit my original defence post, so had to post again

let andy check

but you have weeks yet before you need to file that on mcol

they might comply..

Morning all.

I had a reply from Cabot saying:

"Dear Mr ******

RE Capital One Credit Crad - xxxxxxxxxxxxxxxx - £1735.00

Thank you for your request for information under sections 77-79 of the consumer credit act 1974.

Your account is currently assigned to Restons Solicitors for collection and therefore we are unable to action your request.

I would ask that you re-direct your request to Restons Solicitors who will liaise with you on this matter.

We have today advised them of your correspondence for their reference.

I have also returned your fee of £1.00

If you have any queries regarding my letter, please contact me on 0345 849 8892."

Did I send them the wrong thing, or has my debt been re re-assigned?

Cheers

FYI - my credit file (Checked on Noddle and Clearscore) still show Cabot, and not Restons.

No you did nothing wrong...this is the latest tactic by our friends Caboot. Restones as a Solicitor do not have the agreement..no solicitors have any paperwork until the day of a trial.

It quite clearly states in the legislation for section 77/78/79....pursuant to the CCA1974.....

Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

So...no sign of asking a solicitor for a copy......

Send it back to Cabot with fee or state in your defence that the claimant cannot comply with your request and returned your request and fee and therefore remain in default and unable to request any relief or enforce the agreement (that they dont have anyway)

I'll send it again as I have a fair bit of time left.

Should I write 2nd request on the letter or similar?

Thanks

attach the relevant part of the CCA as andy states

that could be useful in you defence if they fail ti reply

you can quote what you did

that might get them a telling off

or atleast get it under the judges nose

OK, thank you

Got a reply from Restons - seems it's their usual thing. no signature - no reply

Should I just ignore, or write again?

Also is this a sign that they might not have the info I am asking for?

Thank you all.

restonreply.pdf

you ignore but note in your defence

which you do not miss whatever happens

Thanks dx100uk

I have one week to get that in. Should I wait til the day before in case they're holding back the things I have asked for?

wont make much odds

OK - I'm guessing about now I should be posting my defence.

Here's what I wrote earlier; thought I'd give you a chance to check it over:

(Don't know if I should add mental health probs - but I had to go to hospital Thursday night due to heart problems which the doctor said is due to anxiety - this is really the only thing that plays on my mind and affects me)

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. It is accepted I have in the past had agreements with Capital One credit card services.

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.

Therefore 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 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. 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. I also received a reply from the claimants stating that they have assigned the debt to Reston solicitors.

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.

Please let me know if this all looks OK, an I will get my defence submitted.

Getting very nervous now - have hardly been sleeping if I am honest.

Many thanks

God you say you have all these issues...

And you produce a defence that many able bodied can't do after weeks of trying

10/10 but let the experts check it over for tweaks before filling

" I also received a reply from the claimants stating that they have assigned the debt to Reston solicitors."

Restons are Solicitors representing the claimant they dont buy debts ?

Andy

I know - exactly my point - but the claimant Cabot did write to me telling me that the debt has been assigned to restons!