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About 1411mac

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  1. Hi all, I have received a general form of judgment or order from the court basically ordering the claimant to file & serve documents (which they have already admitted they don't have) as per my draft order for directions. How relevent is this to my defence? regards mac
  2. Would it be best, therefore to delete everything regarding the assignment except for: 12. It is not admitted that there was a lawful assignment. The Claimant is put to strict proof that the assignment was lawful.
  3. Thanks, shall I remove the whole assigment section of the defence? Bearing in mind the notice from goldfish had no reference of amount?
  4. Original Goldfish letter said account assigned to Cabot Financial (UK) but to but all payments etc to cabot Financial (Europe). Since then all correspondence from Cabot Financial (Europe), Court claim from Cabot Financial (UK) Need to have my defence in by 20th Thanks mac
  5. Here is my proposed defence if anyone can give any advice as if it looks OK In the County Court Claim number Between: Cabot Financial (UK) Limited - Claimant and - Defendant Credit Agreement 1. On or around the xxxxxxxxxxxxx and in response to a letter from the Claimant Cabot Financial (Europe) Limited, the Defendant made a request for information pursuant to s77/78 Consumer Credit Act 1974 (CCA 1974) to the Claimant. The request was in writing, was accompanied by the statutory £1.00 fee and was sent recorded delivery. Proof of posting has been reta
  6. I have had a go at a defence and wondered if it is Ok to post it up for someone to take a look at thanks mac
  7. Hi All, I have now received a reply regarding my CPR 31.14 request as follows: http://i68.photobucket.com/albums/i27/ianmac_photos/morganletter.jpg so the way I look at it as they didnt mention any documents in the POCs they do not have to provide anything to justify their claim??? They did send the usual application unreadble copy with incomplete statements. So what's best for my defence, what do I need to defend? (Defence needs to be in by 20th) Shall I carry on by using the examples above? Any help would be appreciated. Also I have a feeling they may be using applicat
  8. I do not think I received a notice of sums in arrears though, although I do not know what form this would take? mac
  9. Thabks for the replies, I will have a read of these carefully, yes pt2537 I did make a request under s.77/78 CCA 1974 (in Nov 08 and was charged penalyt interest during the time no cca was provided which tipped my account over the £5k level!!) Thanks mac
  10. Hi All, I have now acknowledged service on line and I believe I have until 20th to submit my defence (will check with court on Mon) No response from my CPR 31.14 request. I now have to start thinking about my defence, my pain points on this are: 1. Copy of agreement is an application form (they even sent a copy of the original envelope), is not legible, is not signed by Morgan Stanley, has a blanked out area (which Cabot cannot explain as 'this is the only copy held on file by Barclaycard ) 2. Incomplete statements (Cabot say 'copies of statements are no longer available. Under secti
  11. Thanks will do. One thing I noticed is that I sent the CPR to morgans at the address on their letterhead and not the address on the claim, should I send another one to be safe?
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