Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #41
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Any ideas about my Defence draft as i have to have it in by 4th June and no one has responded to my first draft yet. Don't know if it is on the right track or not, any help from knowledgeable guys would help me.


  2. #42
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Well (b) is applicable to overdrafts only...you have no conclusion to the defence and the agreement does not contain the T&Cs..I think you mean prescribed terms.

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  3. #43
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    T&c's do not have to be signed

    Have the fleecers replied to you since issuing the claim
    If not i wouldnt even both mentioning the above

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  4. #44
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    I have had nothing from the claimant since the claim came through, but I understand that i still have to file a defenceicon, so I am trying to construct one, so if i take out the things about (b) which is applicable to overdrafts only and about not having a copy of my signature, but they havent produced an agreement with my signature on, so do I mention that?


  5. #45
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    The standard credit card defence.....with conclusion......edit to suit your circumstances...


    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 insofar that I have once held a contractual relationship with(Insert original creditor). 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 denied I have never received any Default Notice from the original creditor nor the claimant

    4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over x months ago.

    5. On the xxxxxxxxx ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 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;
    (c) 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 Procedureicon 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 crediticon 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.

    Alternative finish….

    10. On the xxxxxxxx I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to to enforce the agreement or request any relief until such compliance.

    11. By reason of the facts and matters set out above, the claimants claim is denied.

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  6. #46
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Thank you i will look at that, but just had todays post and i have received a lettericon from Restons in reply to my cpr request.

    They say they are under no legal obligation to provide me with a copy of the original agreement as they are unaware of any valid request request under section 77-79 of the cca being made to the creditor and the appropriate fee being paid.

    (I have done this and had a reply from Cabot and Restons on this so i am confused)

    The letter then goes on to say I have had regular statements so I knew what was going on etc.

    It also says it is their understanding that a Default Notice was issued and they note that i do not deny this. And i should visit my personal records for this information. (As far as I can recall I have not agreed that i have had a Default notice, and dont have one in my possession)

    They go on to say their only obligation is to serve a Notice of Assignment which they believe they have done. pursuant to Section 136 Law property Act 1925, Furthermore i do not appear to dispute having received a Notice of Assignment. ( I have never been asked if I have received one, and i dont have one in my possession)

    It then just says Legal proceedings have been issued and will not be withdrawn etc.

    Is it worth replying to this or should I just concentrate on filing a defence.

    Thank You


  7. #47
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Thats a template response....with your name address and account number added...on most if not all threads were Restons are involved.

    You sent your CCA Requesticon to Cabot...not them.....Solicitors should know that this request must go to the Claimant.

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  8. #48
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    so no need to reply to it. Just file a defenceicon.


  9. #49
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Here is my Defence, as they have replied to my CPR request and responded to my section 78 request I have had to acknowledge this, hope is sounds ok. Can you let me know if it needs changing, I have to send it today or tomorrow.

    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. It is noted and it is accepted insofar that I have once held a contractual relationship with CitiFinancial. 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. With regard to a Default Balance of 3199.87 this is denied as I have never received any Default Notice from the original creditor nor the claimant.

    4. The Notice of Assigment is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 years ago.

    5. On the 14th May 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request was also sent on the 4th December 2017. The claimant has responded to my CPR request advising they are not under any obligation to provide any documentation. The response from my Section 78 request was a copy of the terms and conditions and not a copy of a credit agreement.


    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;
    (c) 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 Procedureicon 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 crediticon 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.


    11. On the 14th May 2018 I made a legal request by way of a CPR 31.14 request and a Section 78 request made on the 4th December 2017 to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to enforce the agreement or request any relief until such compliance.

    12. By reason of the facts and matters set out above, the claimants claim is denied.


  10. #50
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Quote Originally Posted by zaggacom View Post
    Here is my Defence, as they have replied to my CPR request and responded to my section 78 request I have had to acknowledge this, hope is sounds ok. Can you let me know if it needs changing, I have to send it today or tomorrow.

    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. It is accepted insofar that I have once held a contractual relationship with CitiFinancial. 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. With regard to a Default Balance of 3199.87 this is denied as I have never received any Default Notice from the original creditor nor the claimant.

    4. The Notice of Assignment is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 8 years ago.

    5. On the 14th May 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request was also sent on the 4th December 2017. The claimant has responded to my CPR request advising they are not under any obligation to provide any documentation. The response from my Section 78 request was a copy of the terms and conditions and not a copy of a credit agreement.


    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;
    (c) 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. As per Civil Procedureicon 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 crediticon 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.

    Repeated points removed.

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  11. #51
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Defence Filed, Thanks very much Andy, Much appreciated your quick response.


  12. #52
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    We missed the following but can pick it up again if they proceed at witness statement stage.....

    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

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  13. #53
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Oh yes meant to put that in, but if they come back I can add it in like you say.


  14. #54
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    Hello, I put my defence in on the 3rd June which the MCOL site says it was received, but I havent heard anything since, do I just keep waiting or is there a time limit?

    Regards

    J


  15. #55
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    The claim has now stayed..the claimant had 28 days to proceed on receipt of your defence...forget about it now until/if the court informs you otherwise.

    Andy

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  16. #56
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    I have received a lettericon from Restons the solicitors, they say they written to me on 3 july, regarding my defence, but it went to my old address, somehow MCOL still had my old address on their system, so they sent it there, I changed it as soon as i became aware of the old address being on the MCOL site.

    Obviously i never received the letter so they have sent me a copy, after checking my correct address again, this new letter is dated 24th August. B asically it says they reject my template defence and say they have sent all relevant docs to me in response to my s75/77 request etc etc, and they have asked me to respond to them in 14 days, they say my defence has no real chance of success and have asked me to complete a form N9A to withdraw the defence, or submit reasonable settlement proposals to them.

    Should i reply or is this matter now completed according to the courts. The fact that MCOL had my old address, but I changed it as soon as i realised, will this go against me, they sent the original court summons to my correct address, and they had my email address but didnt query the different address untill the letter was returned to them.

    I dont know what to do, as I was under the impression this was now completed, as i didnt hear anything from them.

    Please help.

    Kind regards.


  17. #57
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    Default Re: Cabot/Restons claimform - old Citi financial debt

    usual letter they send in most stayed case claims if you go read other reston claimformicon threads where they are stayed.

    its not completed just they dicided to not progress it and ran out of time.
    if they wish to advance it now it will cost them 255 and you'll get an N244icon from the court if they do.

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