Oh really. I'll take another look but these were adapted from a claim/s that was successful.

In the NORTHAMPTON County Court Claim number XXXXXX Between Restons - Claimant and XXXXXXXX – Defendant DEFENSE 1. I XXXXXXXX am the defendant in this action and make the following statement as my defense to the claim made by Reston’s. 2. Except where otherwise mentioned in this defense, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure Rules. 4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularized and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request. **6. It is denied that I have entered into an agreement with the Claimant Cabot.** 7. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 8. It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the consumer credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception. 9. It is denied that I am in breach of the alleged agreement in that I allegedly failed to make payments to the claimant. 10. It is averred that if the alleged agreement is subject to the Act, before proceedings may be commenced the Claimant must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof. 11. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant. 12. Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing. 13. Further, it is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law. 14. It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void. 15. Further and in any event it is averred that any clause of the alleged agreement under which the account charges are claimed is an Unfair Term contrary to The Unfair terms in Consumer Contracts Regulations 1999 and, by virtue of Regulation 8(2), "shall not be binding on the consumer". Any such contractual terms are therefore void. 16. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed. 17. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules. The Defendant respectfully asks the permission of the court to amend this defense if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defense are true.

Hi Andy, Thanks for your help so far. Luckily, it turns out I had emailed it to myself but it wasn't showing on my phone but I have managed to load it from my own computer. my situation is that I have received a Notice from Northampton Court issued by Reston's for a debt with Crapot which was originally with MBNA. I have sent of a CPR31.14 request to the solicitors and a CCA request to Crapot. I received an acknowledgement to my CPR31.14 saying they need at least 8 weeks to find the original documents and that I am reminded to file my defense in on time. Previously, I was in a D.M.P. foolishly in mid-2005 where I thought I was clearing it. Sadly, I was mis-sold this and was told around 2 years ago that I had not cleared any of it and the interest had accumulated. I cancelled my payments with them, I contacted Cabot (I think as that was the only company I remembered) at the time in the spring/summer 2014, I didn't admit to anything and I never heard anymore until last month, despite them saying they'd send further information. To my knowledge, I entered into the D.M.P. via another D.C.A.'s (I don't recall Crapot ever being on the agreement) but now it seems it is down to them. I never received a NOA, default notice etc. and nor had I received any statement until two weeks ago. I originally had a dispute with the O.C. as there had been fraudulent activity on the account and I refused to pay the bill as I didn't agree with what was on the statement and instead of dealing with it, it was passed to a D.C.A. As of yet, I have not received any further information to my CCA / CPR letters. I have until Monday being the 33rd day to file and just want some pointers on what I have put together/adapted from other cases on here. If you are able take a look below and see if this applies to my situation, I'd really appreciate any help/input. Thank you in advance. ...

Lovely - thank you. I will take a look when i get home.

Thank you for that and the speed too. If possible, could you point me in the direction of a good defense please? I had (what I thought) a blinder but g/f's computer is not very well and I am kicking myself as I always email myself a copy of anything important so I can at least log in and get it and this has happened. I'd really appreciate any pointers. Many thanks

Still no response to the CPR31 letter or CCA request other than the customary we need 8 weeks to find the requested documents and to remember to file my defense. Now, I have two dilemma's - first being I typed out a beautiful defense taken from CAG and my partner's computer has crashed and burned this weekend (nasty bug apparently). It is in the menders but they say they won't get it back until Fri at the earliest, so I need to produce another but I can't find the link I got. Is there a specific one you'd recommend? My second dilemma is, I have just been offered a 4 week chance in a lifetime contract in the states filming for the US elections, it starts from Apr 15th. Can I inform the courts I will be away during this time and will not be able to respond/deal to mediation etc. (assuming my defense is accepted and the case is stayed/struck out) or am I just best to say nothing at this stage?

Hi Becky _ I'm in a similar situation but am confident I'll get this sorted thanks to this site and mostly DX. It's interesting reading all the other cases and how successful they have been, I just wondered how you got on and what happened?

Great - thanks

No I won't. They haven't asked for it yet. If they do, then I will reject it and file my defense and file. Just a quick question, do I file on the 28th day or the 33rd from the date on the court forms? Before I came on here last week, I rang the court to ask if it was a real claim as I was struggling to login with that case # they said at the time, I have until the 33rd day of issue. Is that right? My defense is all but ready now, assuming they don't respond.

Hi - just received another letter almost the same but says "we note from your letter you have requested documentation relating to the original agreement. We confirm this documentation has been requested for you however this can take 8 - 10 weeks to be received if requested from the original vendor. Upon receipt, this will be forwarded on". Effectively what they are saying is; we don't have it but we thought we'd take you to court anyway in the hope that you'd just give in. Obviously I need to file my defence on or by 4pm on the 33rd day, but I guess they say this to try to discourage you from defending it. I had forgotten this but the CAB advised two years ago, not to ignore any letter from a court, he said you'll know when that happens as it will be a thick envelope with the documents on which they base their claim, if an envelope arrives from a court with no supporting documents, then they haven't got the paperwork and will in all probability not be able to proceed with it. Also, I have a very good friend who works in litigation in the banking sector for corporate funding big plc's etc. and has done for 25 years or more, although I am not reliant on what he says, he has told me several times in the past that the vast majority of banks - unless they are defending an ongoing claim against them - will almost religiously destroy any paperwork, or applications they hold within the 8th year. The cost for secure storage etc. is too vast and even if they don't destroy it, the chances of finding it are slight to impossible. Like I say, I am not reliant on this info but if I get a request for more time, then I should reject, right?

Thank you

Sorry to be a pain DX. Do I need to acknowledge the solicitors letter that arrived yesterday? it is just a std response to a cpr31.14 advising me to not rely on this defence and to seek legal advice before proceeding further etc. Ta

Lovely thank you.

Hi DX - just to let you know, I had the usual reply yesterday from the solicitors to my CPR request today saying that I should seek legal advice and that the claimant will proceed with the case. I sent off the CCA request to the claimant and I await to hear from them. I will work on my defense later but in the meantime are there any pointers/threads you recommend. I have read quite a few but cant find any where someone has successfully defended a claim after being on a DMP. Many thanks - Mike

Yes I have been and will continue to do so and thank you for your help so far. I anticipate I will get a reply from them to say I am wrong with my requests and that I should be careful and to get proper legal advice before I continue (that seems to be the normal process from other peoples posts). What do I do from there? I know I have a little bit of time before I submit my defense but its what happens in-between then and now and once I've submitted my defense that I need to brush up on. I am expecting this to happen two more times now for other cases. I am prepared to have my day in court if I have to but I hope I able to get it struck out before it reaches that stage. Even someone from a Debt Management company has said they cannot enforce it if they don't have the proper paperwork but that point needs to be defended properly and that it was beginning to loose them business as people are getting more and more wise to the fact that the DCA's can be beaten, as long as the proper procedure is carried out. I know I have said it before and I cant reiterate it enough but thank you for your help and I hope I can help others myself after I have got thru this.

All out now. Postal Order done too and completed by post office. I await their response but I think I know what that will be. Thanks for your help so far, no doubt I will be calling upon it some more further down the line.

great - thanks for that. I won't even write on the envelope with these slippery buggers let alone give them my signature.

Thank you - just doing them now and off to the p/office to send them out.

Thanks. I had been given that advice from another site (I shan't name them) but there were so many people with conflicting ideas and I was recommended to here (thank fully). Sorry to be a further pain, as I had entered into a DMP all those years ago, will that conflict me claiming I do not acknowledge this? Cos there were 5 debts on the dmp, 2 cleared now is that enough to muddy the waters? Sorry for all the questions, I just want to get this 100% right. Thanks No it's the GOODF site with the 3 letters twaddle. I opened that up and laughed and it was at that point I thought I am not getting the best advice. The intentions are probably right tho.

I worded the first question I asked wrong and then wondered why you corrected me. I meant originally to send CPR to solicitors and cca to claimant. Do I send 3 days apart, is that right or do I send at the same time? I really do appreciate folks help so thank you for that.

Ahh... to the claimant, being Cabot. So I send to them not their appointed solicitors, right?

Thank you - will do that tomorrow. Solicitors are Reston's. Should I wait to send CCA out to them or do that at the same time? Also, I have another issue which I should have mentioned. Under the same DMP I entered into, I have another one that is about to rear its head I believe as I received a statutory letter Monday dated Feb 2nd demanding £8,200 by Feb 21st, stating if I fail to pay said amount they have instructions to issue a claim against me. Should I send a CPR-31.14 to them too? Thanks in advance for your help.

Please ignore the amount as it was c&p'd from a link.

I was quite switched on to the PPI being added on at the time, I worked in Finance to a degree for a short while in the late 90's so I was aware of add-on's but that's not to say it wasn't added. My life changed in 2003 when my g/f passed away and I went into denial and was off the rails for a while, burying my head in the sand. I woke up in late 2004 and started to take charge of matters as best I could or as best I thought I was at the time. I have read your posts/links above. So the letter is slightly different but essentially the same, do I send of a second letter as a CPR-31.14 and then the second letter CCA to the claimant.

Thank you for your prompt reply and your help with this so far, I really appreciate it. Here is the info I have for you. Name of the Claimant ? Cabot ? Date of issue – 10th Feb Date to submit defence by 4pm Friday 11.03.2016 = What is the claim for – Claimants claim is for debts arising from CCA 1974 agreements. The claimant is the Assignee of the following debts, notice of the assignment having been given to the defendant in writing. MBNA Account No.1234 £4,156. Despite demands for payment, the above sums remain due. The claimant therefore claims the sum of £4,156 interest under s.69 County Courts Act 1984 and costs What is the value of the claim? £4156 + 185 fee + 80 Legal Reps 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? (2001) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. (Cabot) Were you aware the account had been assigned – did you receive a Notice of Assignment? I was only made aware via demands for payment letters and calls in 2004, no formal notification to my knowledge – this all started to happen in late 2004 and has been passed around quite a bit. Did you receive a Default Notice from the original creditor? Again, not to my knowledge. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No not one (although oddly, one turned up yesterday dated Jan 29th - the first one ever). Why did you cease payments? I was on a DMP via a well known company and upon speaking with them, I become aware interest had been lumped on and the debt not going down. What was the date of your last payment? Feb 2014 Was there a dispute with the original creditor that remains unresolved? Yes, a card charge my g/f and I did not recognize only a small amount (£28 from recollection but I don't have that to hand as it was in my case when my car went up in flames during the riots in London). Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes but they weren't interested. I then entered into a debt plan via another DCA in Jun 2005 but I now understand Cabot bought this in Sept 2005 3 months after, but only from the statement they sent yesterday I have acknowledged receipt online Monday and sent a CPR-18 to the claimants lawyer, yesterday)..