Jump to content


BankFodder BankFodder


Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

0 Neutral

About kjw327

  • Rank
    Basic Account Holder
  1. Evening all, Here is the draft of my defence, I found that not having an account number made the first part a little different but had a go. I'd be grateful for thoughts, advice and guidance. Particulars…. 1.By an agreement between Next Directory and the Defendant dated 14/06/2011 ("the Agreement") Next Directory agreed to issue the Defendant with a credit account. 2.The Defendant failed to make the minimum payments Due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 1574.00 2. Costs 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. Paragraph 1 is noted. I have had in the past a contractual relationship with Next Directory but cannot identify any account referred to by the claimant. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. Paragraph 3 is denied as I am unaware of any legal assignment. On the 08/06/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant responded with a letter dated 10/06/2019 advising that they were not in possession of the information requested but would work towards obtaining this. A further update was received from the claimant in a letter dated 20/06/2019 advising that they are still not able to provide the information requested and advised that there is not an enforceable Credit Agreement. Mortimer Clarke sent a letter dated 11/06/2019 stating that they have passed the CPR 31.14 request to the claimant. To date 28/06/2019, no documentation has been received. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (removed with the claimant they do not plead you have entered one with them) (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (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; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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 82A of the consumer credit Act 1974. 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. The defence for the other account will be the same with the exception of the amount claimed and the dates of the CPR letter as I had to send a second letter to Mortimer for this as the first was not delivered according to Royal Mail 1st Class signed for tracker.
  2. Could some additional guidance be offered with this? The POC are not listed as I have seen others, they're not numbered. There is no account or agreement number, no dates to do with default, termination of assignment to the claimant. How do I refer to all of this in my defence? Claim Form POC.pdf
  3. I'm just irked by the fact that Cabot have acknowledged that they cannot enforce and are not permitted to obtain judgement as well as informing me that they cannot bring legal action against me. Yet they are still attempting to do just this and the letter from Mortimer today just highlights how they work. I accept that I probably have no right to feel aggrieved but there is a part of me that does.
  4. It's not my intention to accept the 28 days and I am working towards submitting a defence within the original 33 days.
  5. Received the outstanding response from Mortimer regarding the CPR request for the second account. This is dated 21 June, the day after the Cabot reply. They kindly offer an additional 28 days to file the defence on this claim. Surely this is unethical, telling me that their client will agree to an extension when the day before their client informed us that they are not permitted to obtain a judgement nor can they bring legal action. Is there anything I can do with this? Or is it fruitless? CPR Reply No.2.pdf
  6. Thanks for confirming what I suspected to be true. i'll work to get the draft finalised over the next day or two and hope to post for advice on finalising.
  7. Good morning, I have received the attached letter from Cabot (one for each account), any thoughts on this? It says that they "are not permitted to obtain a judgement or decree against" me in court. Does this mean they will withdraw? Do I still need to complete and submit the defence online? Many thanks. Cabot Update to CCA.pdf
  8. Good evening, I am posting an update as I have received a response on Saturday from both Cabot & Mortimer in relation to the account in my name and one from Cabot in relation to the account in the name of my wife. I see from exploration that these are standard holding responses. I have attached these letters, redacted, to this post. Am I correct in preparing to submit a defence to each claim now? Many thanks. CCA-CPR Reply.pdf
  9. Update. I have this morning completed the AOS online and also sent letters, recorded, to both Cabot and Mortimer in relation to CCA and CPR respectively. Thanks dx for your guidance.
  10. Quick question: When submitting the CPR 31.14 Request do I only ask for the agreement, or am I asking for this as well as the other documents? In the POC it clearly refers to "the agreement" and then makes reference to the fact that the agreement was terminated and the agreement was then assigned to the claimant.
  11. Yes, we each had a separate account. Sorry for the confusion caused by my reply, they were both catalogue accounts. Thanks for the guidance. I shall complete the online actions in the morning and prepare the letters to go in the post on Monday.
  12. There are no account numbers listed on either POC. I have tryped verbatim from the first and the only difference in the second is the agreement date and the value.
  • Create New...