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BrokeGirl22

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About BrokeGirl22

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  1. Thanks Gents I'll set about drafting a witness statement while I wait, they've given me plenty of material to work with so far
  2. UPDATE - Defence was filed in good time & acknowledged by the court, then a couple of weeks later I received a letter including an N9A from Restons stating they refuse to provide any documentation on the grounds that I should have them, stating they have no knowledge of a valid S.78 request or fee ( that would be because they returned those to me & a CPR 31.14 refusing to acknowledge anything that does not bear my signature) & also asking that I withdraw Defence & admit liabilty or they will make an application to strike out my Defence/Summary Judgement & have me ordered to
  3. Thank you andyorch & martin2006 I'm assuming I include the POC in the defence? I'll submit this today & wait to see what happens next, thanks again guys for the all the advice!
  4. Can someone advise if this is an appropriate defence? I've done a lot of digging around in the legal successes forum but to be honest the more I read the more confused I get! Particulars of Claim 1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Capital One dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 Defence 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out it
  5. I believe it's due on Tuesday 15th, the date on the claim form is 12 feb I'll be working on it over the weekend. Thank you so much for your help.
  6. I'm not sure, but I did make payments prior to the account defaulting. Am I barking up the wrong tree with my defence? Recently I have made just the two, Restons sent me a letter that said they were asking for the full amount if not they would issue claim, failing that their client may accept installments. So I sent an offer letter saying I would make a payment on 11th of each month & made a small payment the day I sent the letter as a gesture to try & sort this out. The letter came back unacknowledged the payments are not being returned to me though.
  7. I see, what I want to state is that the amount on the claim form is incorrect, when the claim was received one payment had been made on the account as per the first letter I sent (which was ignored) prior to the claim being issued & at this point two payments have now been made. How would you suggest I word it? I'm getting my brain tied in knots with all this legal terminology.
  8. Here is my drafted defence, I have used the thread linked by Martin2006 & justice.gov as reference, I'm hoping this makes sense? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Capital One dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 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 16.5 (3) in rel
  9. Ok thank you, I'm on it now will post again when it's ready.
  10. Yes thank you for clarifying that one for me! Just to update the thread - I sent a cca & CPR 31.14 on Tuesday, both have been returned to me unacknowledged as my original letter was stating they will not respond to unsigned paperwork so now I'm a little lost. Do I just submit the no paperwork defence & see what happens? I am already registered with MCOL so I'll submit online.
  11. Name of the Claimant ? Cabot Financial UK Date of issue – . 12 Feb What is the claim for – ? 1.The claimant claims payment of the overdue balance due from the defendant under a contract betwen the defendant and capital one dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 What is the value of the claim? 305+costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? After 2
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