Cabot/restons - claimform - old CITI card 'debt'

[AndyOrch]

Where are the particulars Viking...its like asking us to check your answers without the questions.

 

Andy

[LastViking]

Sorry, what I was trying to understand was the style of a defence.

 

I have never been in this situation before and don't have a clue about the format and terminology. I have been told I must file a defence and I picked the wording up from another post. In my case I think all I can do is delay matters as they haven't produced proof of the liability. If you agree that the format is correct then I would propose writing.

 

In the (state county courticon here) Claim No. (state claim number here)

 

Between:

(state Claimant’s name here) Claimant

-and-

(State your name here) Defendant

Defence

 

Introduction

 

I, Mr/Mrs aged (state your age here) of ( state your full address here) am the Defendant in this matter and I make this statement as my defence to the Claim brought by the Claimant. The matters set out below are within my own knowledge and where the

contrary appears, I state the source of such material and put the Claimant to the strictest of proof of his claim, which is denied in its entirety hereby.

 

For the purpose of this Defence, all paragraphs and sentences stated hereafter are

referred to the Claimant’s statement of case dated (put date here).

 

a)

 

1. The first sentence of Claimant’s statement of case is admitted, save it is denied that the Defendant is indebted to the sums claimed therein as alleged, the Claimant is therefore, put to the strictest proof on the same.

 

2. It is denied that any statutory and valid default notice has been received and has been served on the Defendant. No response to CPR 31.14 request, no agreement to defence deadline extension served on the Defendant and the Claimant is therefore; put to the strictest of proof to the contrary.

 

In light of the facts enumerated above, the claim is denied in its entirety and the

Claimant is put to the strictest proof to establish to the contrary and his

claimed entitlement under the statute and its provisions which, if complied with in

accordance with the obligations imposed upon the Claimant thereunder , would entitle the Claimant to his claim.

 

Statement of Truth

 

Mr/Mrs……………………………………………….. dated this day ………..

 

 

Should I also include them not providing evidence that the debt was transferred from the original creditor?

 

Does this make sense? I understand that once I submit a defence I cannot add other things later.

 

Thanks in advance

 

LV

[theoldrouge]

Where are the particulars Viking...its like asking us to check your answers without the questions.

 

Andy

The POC are that

 

'The Claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s)

and Citifinancial dated on or about 17/01/2001

and assigned to the Claimant on the 30/05/2006

in the sum of £ 4,864.92'

[AndyOrch]

Thank you theoldrouge

 

Viking I think you need to look at a few threads and defences that I have drafted to get an idea of how a CPR compliant defence should be presented.

 

Regards

 

Andy

[LastViking]

I have just logged into the money claim site and it shows the message on the claim.

 

'A bar has been put in place on this claim. You cannot respond to the claim at this time'

 

I need to file the defence today so can someone explain what this means and how I can file the defence? I am getting very worried now.

[LastViking]

I sent the CCA request by Recorded delivery to Cabot on 1st August.

 

They received it on 4th August.

 

I believe therefore I should have received a response by today 21st August but nothing has been received.

 

Restons responded to my request under CPR31.14 on 18th August

but provided no documents arguing that Paragraph 5.2A of Practice Direction 7E

means that they do not need to provide documents and that the POC are sufficient information.

 

Reading through the forum it appears that I have no way of filing a complete defence

and I wondered therefore if I should file an Embarrassed Defence?

 

I acknowledged the claim online on 1st August and the original claim form was dated 22nd July

so I believe I have to file the defence by 23rd August.

 

I would like to file the defence online but the moneyclaim site shows that a bar has been placed on the claim.

 

Does that mean I have to file the defence in some other way?

 

I am confused.

 

Should I telephone the court to find out why the claim has been barred?

 

HELP?

[AndyOrch]

Its a software error at Northampton...you can email your defence.

[LastViking]

Its a software error at Northampton...you can email your defence.

 

Thanks. I was worrying then.

[LastViking]

OK this is now my attempt at a Defence. Please comment/amend as needed.

 

In the Northampton County Court Business Centre

 

Claim Number

 

Between:

 

Cabot Financial (UK) Limited - Claimant

 

and

 

xxx – Defendant

 

Defence

 

1. I, xxxx, am the Defendant in this action and make the following statement as my Defence to the claim made by Cabot Financial (UK) Limited.

 

2. The Claimant's Particulars of Claim are vague and generic in nature. The Claimant 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 CPR even allowing for the constraints of the bulk issue system. The Defendant accordingly relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

3. The Defendant neither deny or admit to any indebtedness to the Claimant.

 

4. It is admitted that the Defendant had agreements with CitiFinancial for credit card services.

 

5. It is denied that the Defendant owes any money to the Claimant. The Claimant has failed to provide any evidence of the agreement as requested by CPR 31.14 and a Section 78 CCA 1974 request and failed to issue a default notice.

 

6. The Defendant sent the Claimant a CPR31.14 request on 1st August 2014 by recorded delivery and this was received on the 4th August 2014, which would prove the Claimant's right to bring this action. The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim which were requested in the CPR31.14, including the Notice of Assignment which would prove the Claimant's right to bring this action. The Claimant has given no good reason or any reason at all to the Defendant for this failure to comply with the Defendant's legal rights of entitlement to inspect the documents that the Claimant's claim is to rely on.

 

7. The Defendant sent the Claimant a request under Section 77 and 78 of the Consumer Credit Act 1974 on 1st August 2014 by recorded delivery. At the 22nd August 2014, no response has been received to that request and the Claimant has given no good reason or any reason at all to the Defendant for this failure to comply with the Defendant's legal rights of entitlement to inspect the documents that the Claimant's claim is to rely on.

 

8. The Defendant asserts that the Pre-Action conduct of the Claimant as unacceptable and feels the the Claimant is trying to frustrate proceedings with the non-compliance attitude towards Practice Direction.

 

9. Without clarification of the Claimant's claim, the Defendant is extremely disadvantage and as the Claimant's claim appears without merit, the Defendant asks to be allowed to submit a fully particularised defence should the Claimant provide copies of the original documents he will rely upon.

 

10. Further to paragraph 9, the Defendant is unable to plead effectively or at all. The Defendant is embarrassed.

 

11. The Defendant respectfully requests that the Court to stay(suspend) the proceedings until the claimant complies with Defendants CPR31.14 request.

 

12. The Defendant also makes a respectful request to the court for the court's consideration, to permit the Defendant to submit an amended defence if the Claimant supplies the requested documents mentioned in 5, 6 and 7 above.

 

Statement of Truth

 

The Defendant believes that the facts stated in this defence are true.

 

Mr……………………………………………….. dated this day ……….. of November2013.

 

Signed (your printed name in caps – as the Defendant)

[LastViking]

Just a further thought, should I include in my defence that I dispute the amount shown as owed to Citifinancial in any event. There was correspondence in 2007 regarding this but they never adjusted the account for the disputed amounts. It was only £ 250 though so maybe not worth mentioning???

[LastViking]

Well I have to go now so I will submit the Defence as it stands and hope for the best.

[dx100uk]

I would not put in any think not related to their PoC.

 

here is an example:

 

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

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. I have had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

4.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;

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6.On the alternative, if 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.

 

7.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.

Regards

Andy

***************

[LastViking]

I have now received a response from Cabot to my CCA letter but

 

 

all they have sent are copies of reconstituted CITI Consumer Credit Act agreements,

 

 

together with a statement of amounts paid according to their records.

 

 

No signed forms of any sort or proof of the transfer of the debt to them.

 

Do I need to do anything now or wait for the court?

[dx100uk]

recon wont wash as its an agreement taken out before apr 2007

 

 

dx

[LastViking]

recon wont wash as its an agreement taken out before apr 2007

 

 

dx

 

Thanks Dx

 

Yes, neither agreement is signed or dated by me or CITI, except for the a reference at the top which implies one was in 01.01.2001 and the second 01.05.2006.

 

Does this mean that they have failed to comply with the CCA request and should I do anything further at this stage?

 

LV

[dx100uk]

nope

they don't match and a recon wont wash for a CCA from your date of original agreement

 

 

as indicated on the other citi threads

for anyone to get a CCA

and the correct T&C

is vey rare

 

 

dx

[LastViking]

I have now received a letter from Reston which I have attached.

 

They also sent copies of letters from Marlin dated 14 June 2014 and a contact letter from Cabot dated 7th June 2014

but nothing in the way of evidence of the legal assignment of the debt from Citifinancial to Cabot

which appears to suggest that they don't have anything.

 

When I was first contacted by Cabot I wrote denying any right that they had to the debt without proof which they never provided.

I also have the copy letters disputing charges made to the account after the 'claimed' transfer to Cabot and before with Citifinancial.

 

I am a bit confused by their paragraph 4 which says as I have not entered into any agreement with Cabot,

which I agree, but how does that stop me asking the claimant from providing proof.

 

Reston are asking me to respond which I can do, if it is thought appropriate,

but it seems to me that they have not really responded to any of my defence or proven anything.

 

Help would be very much appreciate as to what to do next either with Reston or Cabot's responses.

 

Thanks LV

[dx100uk]

std crap from restons designed to muddy and confuse the waters.

[LastViking]

std crap from restons designed to muddy and confuse the waters.

 

Should I respond to Reston's letter?

 

LV

[LastViking]

Sorry to be a pain but I need to react to Restons/Cabot

 

I was thinking that as neither has produced either the original signed agreement or a copy of the assignment of the debt from CITI to Cabot

that they must be on thin grounds.

 

 

How do I push them to accept that they have no case?

 

 

Does the fact that I was writing to Cabot in 2006 disputing their involvement

 

 

and the amount owed make the position for me better or worse?

 

LV

[dx100uk]

the claim is stayed I assume

 

 

you dont need to do anything

 

dx

[LastViking]

I have to reply to Restons letter soon.

 

 

However I checked my credit references with Experion and Equifax today.

 

 

None of my old debts are recorded on either report as owed. Is that significant?

 

I am wondering if I should make this court action go away by making an F & F offer to Cabot.

 

 

I can't pay off everyone, but no one else is chasing yet.

 

 

if I settle with Cabot, maybe no one else will bother. If I make a F & F Offer will there then be an entry on the credit report?

 

I am really struggling to know which way to go.

 

LV

[dx100uk]

I refer you to post 46

 

 

you don't have to do anything

 

 

if you look in the many reston threads here in this forum

 

 

 

 

you will see that is a std reply from them.

 

 

it is designed to unsettle a defendant.

 

 

dx