Cabot / Mortimer Claimform - old halifax credit card 'debt'

[Big Shoooz]

Hi Andy,

There is no account number mentioned on the POC just a reference number shown under the address for sending docs and payments but I can't link this reference number to anything.

[AndyOrch]

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. I have in the past had financial dealings with Halifax.I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

 

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt.

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant 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 82A 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.

 

 

 

 

 

Check for accuracy and edit to suit.Once happy copy and paste into MCOL and print receipt as proof of submission.

 

Regards

 

Andy

[Big Shoooz]

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. I have in the past had financial dealings with Halifax.I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

 

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt.

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant 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 82A 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.

 

 

 

 

 

Check for accuracy and edit to suit.Once happy copy and paste into MCOL and print receipt as proof of submission.

 

Regards

 

Andy

 

Hi Andy,

Thanks so much indeed for this, it is really good of you to take the time and give me so much help.

 

I think I only have to amend a couple of things.

 

One is that there are two point 5's so I will change the second point 5 to point 6 and so forth so that I end up with 9 points in total.

 

Also, I will amend the date the NOA was allegedly received by me to August 2012 not 2013.

 

I also think I should delete the line in the second point 5 which states:

"with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based."

because they have never mentioned this to me since they issued the claim.

 

Does this sound right?

 

Also, should I end my defence with

"I believe the facts stated in this Witness Statement are true"?

[AndyOrch]

Hi Andy,

Thanks so much indeed for this, it is really good of you to take the time and give me so much help.

I think I only have to amend a couple of things. One is that there are two point 5's so I will change the second point 5 to point 6 and so forth so that I end up with 9 points in total. Also, I will amend the date the NOA was allegedly received by me to August 2012 not 2013.

I also think I should delete the line in the second point 5 which states: "with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based." because they have never mentioned this to me since they issued the claim.

Does this sound right?

Also, should I end my defence with "I believe the facts stated in this Witness Statement are true"?

 

Thats fine as I have pulled from a previous defence.

 

No requirement for "I believe the facts stated in this Witness Statement are true"? If you are responding vis a MCOL you tick a box with regards to statement of truth.

[Big Shoooz]

Brilliant! Thanks Andy. I will give it a whirl and hope for the best from Mortimers/Cabot.

Am I likely to get called to attend court?

[AndyOrch]

Depends if the claimant responds to your defence and wishes to proceed...but once a claim is issued there is always a possibility it will proceed and you would inevitably have to attend...if you wish any chance of success.

 

No point defending if you then wish to hide behind the sofa