Cabot/Mortimer 2*claimforms - 2*old RBS card 'debts'

[Lots]

I don't have anything at all. I can remember that I stopped paying in 2003 (not sure exactly when) and I started paying equidebt regularly for one of them in Jan 2010 the other in Sept 2008. This is why I think one probably isn't. But then I can't remember when I stopped paying. I will phone them, but I don't even have account numbers!

 

 

I don't have much time left today to file the defence. What wording do I need to add for the SB element of it? This is what I have drafted so far:

 

 

I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with Royal Bank of Scotland for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the consumer credit Act.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. 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 evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

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 Act 1974.

 

17. 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.

[dx100uk]

look at post 8

you must refer to their paragraphs.

 

 

1.By and agreement between Royal Bank of Scotland ( ) & the defendant on or around 08/09/1999 ('the agreement') agreed

to issue the Defendant with a credit card upon the terms & conditions set out therein.

in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement.

The agreement was assigned to the Claimant.

 

The claimant therefore claims 4969.80

[dx100uk]

is that the full poc from the claimform?

 

 

dx

[Lots]

Yes, that's all it said

[dx100uk]

should it not say and' the agreement was terminated'

 

 

if it doesn't mention default notice /notice of sums etc

then you can't respond to those.. your point 2 needs to go

 

 

I've gotta go out soon.

 

 

the rest looks ok to me.

 

 

dx

[Lots]

Sorry yes it does say 'and the agreement was terminated.

 

 

Thanks for your help

[dx100uk]

so change your point 2 to termination notice only

 

 

bye gotta go.

 

 

dx

[Lots]

Hi

My connection dropped and I didn't see your suggestion for paragraph 2 so had deleted it altogether. Have now submitted the defence without this. I hope it won't matter?

[dx100uk]

ok both claims ack'd the same?

 

 

dx