Thank you. Is draft 2 acceptable?

How much of our postings are seen by guests? :!:

Draft 2 Particulars of Claim 1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and sainsbury dated on or about July 07 2003 and 2. assigned to the claimant on November 27 2012. 3. Particulars account ******** Date: 15/07/2016 Item: Default balance Value: £1809.53 Post Refrl Cr: Nil Total : £1809.53 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 accepted. I have in the past had financial dealings with Sainsburys but do not recall the precise details or agreement. I therefore requested clarification from the claimant who is yet to comply with my request for further information. 3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) served by Sainsburys. 4. Paragraph 3 states ' Item: Default balance. I do not recall receiving a Default Notice pursuant to s.87(1) CCA from the creditor Sainsburys. 5. On receipt of this claim, I sent a request pursuant to s78 of the CCA 1974 for a copy of the agreement to the Claimant. The Claimant has acknowledged this request but remain in default of my request as of this date. A further request was made via CPR 31.14 to the Claimants Solicitors, requesting disclosure of documents referred to in the claimants particulars.They have responded saying none of the documents requested are mentioned in the particulars of claim. I disagree with this viewpoint on the basis that these documents are within the Particulars of Claim with the terms 'contract' and 'assigned'. Therefore there is a valid case to request documentation confirming the contract and assignment under CPR 31.14. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement b) show how the Defendant has reached the amount claimed for and c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 CCA 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 (4) it is expected that the claimants prove the allegation that the money is owed 8. On the alternative, as 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 82 A of the consumer credit Act 1974. 9. 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. Draft 2- good to go or not? Thank you.

So do I take it out?

Lol I certainly did not copy and paste. I copied, pasted and then read through whilst editing...yes lots of hard work, so do say well done to me dx100uk... It mentions a default balance hence the mention of a default notice:wink:

I totally get your panicking, been there too and not sure I'm done panicking .But you've come to the right place to get good advice!

Particulars of Claim 1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and sainsbury dated on or about July 07 2003 and assigned to the claimant on November 27 2012. 2.Particulars account ******** Date: 15/07/2016 Item: Default balance Value: £1809.53 Post Refrl Cr: Nil Total : £1809.53 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. I have in the past had an agreement with Sainsburys but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request. 3. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or Cabot. 4. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning. Therefore I have made a CPR 31.14 to Restons and CCA section 78 request to Cabot. 5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00 to the Claimant Cabot on 15 August 2016. Cabot have sent an acknowledgement dated 16 August 2016 but remain in Default of the said S78 request, as at today. A further request was made via CPR 31.14 to Restons, requesting disclosure of documents on which the Claimant is basing their claim. Restons have responded saying none of the documents requested are mentioned in the particulars of claim. The Particulars of Claim states 'contract' therefore There is a valid case to request documentation confirming the contract under CPR 31.14. The claimant has not complied. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement b) show how the Defendant has reached the amount claimed for and c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 78 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 8. On the alternative, as 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 9. 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. This is my draft. Kindly advice. Thank you. ***************

I think that offer is still very high considering they would have paid far less. I will wait to see what they come up with, as it is now over 12 days the legal expectation for me to receive cca documents requested.

Hello everyone, once again thank you for all your help and advice. I am drawing my defence as want to send it in today or tomorrow. Which is the best template for me to use?

Thank you.

Cabot CCA reply Dated 16 August Received 20 August Thank you for your request for information under sections 77- 79 of the CCA1974. We currently do not have this information on file. However I have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender, I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will wrote to you again. If you have any queries, please do not hesitate to contact us. Customer Support Consultant Should it be a copy of the original credit agreement and original statement of account? Are they playing on words or I am simply hearing the song 'something suspicious ' ?is it superstitious? ☺

Reston's reply received today Acknowledges receipt. States cpr31.14 (1) A party may inspect a document mentioned in A statement of case A witness statement A witness summary or An affidavit The documents requested are not mentioned in our POC and therefore cpr 31.14 (1) does not apply. We trust this clarifies matters Restons My POC The POC says ' claims payment under a contract and assigned to", so how can Restons say the documents are not mentioned? What do I do now?

Both cca and cpr confirmed delivered by royal mail.

Tough one, hope you find a good resolution!

Hello, has there been any update since May? Thank you.

Will do, thank you. Will do, thank you.

I have answered the questions on my previous posts. Just wanted to check I understood the steps as can't afford to get it wrong again lol Thank you. Do they have 12 +2 working or non working days, to reply? Checklist Claim issued - 04 August cca Cabot - 12 August Cpr Reston - 12 August Acknowledgement filed - 13 August Defence deadline - 05 September I sincerely hope they can't find the paperwork!

Particulars of Claim The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and sainsbury dated on or about July 07 2003 and assigned to the claimant on November 27 2012. Particulars account ******** Date: 15/07/2016 Item: Default balance Value: £1809.53 Post Refrl Cr: Nil Total : £1809.53 The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement. Signed Claimants legal representative I have acknowledged today and left the jurisdiction box unticked. Thank you. Do I wait to hear from Reston and Cabot regarding cpr and cca respectively to file my defence BUT must file defence within 33 days of claim issue date? I logged out without filing my defence- is that okay?

Going by what I found on the Internet the POC is simply the first page of the claim form. I will post it tomorrow . Thank you

What is POC and post 10? I assume you are saying to fill claim form online? I have sent cca and cpr Thank you.

First of all thank you to everyone who haa advised and helped! I have read the link for the claim form so know what to do next, but have a question. Does the defence 14 days period start from the day you acknowledge the claim or is it an automatic 33 days from notice date of 5 August?

I have refused to engage with the claimant.

Posted both letters! Cabot's with blank £1 postal order, Reston's stating will cover costs. Now please what do I do with court claim form ? Thank you.

My apologies for piuuting the template on here - learning curve! dx - there isnt a box saying particulars of claim though there are lots of boxes!

Draft CCA Cabot Financial (UK) Limited 1 Kings Hill Avenue Kings Hill, West Malling ME19 4UA 12 August 2016 Dear Sir or Madam [removed - dx] please read what it says at the top of the letter about templates