Cabot/weightmans claimform - following SD set aside in 2013 - halifax Aqua Card ***Claim Discontinued***

[Poppay2]

Oh dear. That has a different rate of interest to the second one they have sent you. And it doesn’t match either the first or second agreement issued in response to the CCA request.

 

Where did this set of T&Cs come from?

 

I also noted the different rate of interest. this one came direct from Aqua I think, when t&cs changed, as it is on the Aqua headed paper. I dont believe it came from CBot or Weightmans.

[citizenB]

I notice in post #139 that they offered an extension of 14 days in which to submit your defence - are you taking advantage of that and if so, have you let the court know of the new filing date ?

[Poppay2]

I notice in post #139 that they offered an extension of 14 days in which to submit your defence - are you taking advantage of that and if so, have you let the court know of the new filing date ?

 

Hi CitizenB No, not taking advantage of that, as was advised that it would just be giving them extra time to provide documentation.

 

I have found something that says 'DT OPENED' 30/11/06. it is a copy of a computer screen readout. I will post it up once I have erased personal data.

 

I have now edited the screenshots and attach a copy. These were sent as a result of an SAR request in 2013, however they arrived after the SD court claim.

[citizenB]

Hi CitizenB No, not taking advantage of that, as was advised that it would just be giving them extra time to provide documentation.

 

 

In response to your latest post, so the account was opened pre 2007 which is good news

[Poppay2]

 

In response to your latest post, so the account was opened pre 2007 which is good news

 

Hi CitizenB I was sure it was 2006, but one's memory can really play tricks on one. Luckily, I dont throw much out regarding paperwork. that has lifted me a bit.

[Poppay2]

do I have 14 days from Acknowledge of service to file my defence? I registered the acknowledgement of service on the 19th October. Or do I have a bit longer, I think I may be confusing myself somewhat.

[dx100uk]

33 days from the date top right of the claim form

Whereby that date is one is the count

 

If day33 falls on a w/ends

Then you file by 4pm on the previous Friday

 

Dx

[Poppay2]

33 days from the date top right of the claim form

Whereby that date is one is the count

 

If day33 falls on a w/ends

Then you file by 4pm on the previous Friday

 

Dx

 

thanks dx100uk I make it 6th Nov by 4pm then. I was confusing myself.

[dx100uk]

[Poppay2]

Oh dear. That has a different rate of interest to the second one they have sent you. And it doesn’t match either the first or second agreement issued in response to the CCA request.

 

Where did this set of T&Cs come from?

 

was your 'oh dear' a good thing for me or a bad thing. really not sure how to approach my defense at the moment.

[Poppay2]

Hi All

 

thankfully have my internet connection back at home, have taken some time off so that I can work on my defense without interruption.

 

I have noted one thing on the claim

1. The Defendant entered into a credit agreement described by the original creditor as Bank of Scotland (Aqua Card) - Credit Card and ahving account number ************* ('the Account)

 

However, I always thought it was Aqua Card - Sav Credit.

 

Does this mean anything or am I fishing for straws?

[Poppay2]

looking at an Aqua letter, I conclude I was fishing for straws as it states on the footnote that Aqua is part of BOS

[Poppay2]

am struggling with the defence, then decided to look at the defence I used for the SD which was set aside. As nothing has really changed since then. Not sure if I need the bits about the default notice and letter of assignments, unless I should have had a default notice from Cabot at all, perhaps I should leave those bits out?

[dx100uk]

ADAPT THE BELOW

Particulars of claim

 

1. The defendant entered into a credit agreement described by the originator as Opus CREDIT Card – CREDIT Card AND HAVING ACCOUNT NUMBER XXXXXXXXX (“THE ACCOUNT”)

 

2. The CLAIMANT, A Uk Limited Company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3. The defendant is indebted to the claimant in respect of the sum of £xxxxxxx The Claimant claims the said sum of £xxxxxx, plus costs

 

 

 

 

 

####Proposed Defence####

 

 

1.Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.

 

2. Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied It is 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 with the original creditor; and

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

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

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

 

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

 

5.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

[Poppay2]

Hi dx100 thanks for this, it is making more sense now. still doing some reading so that I have it fully set in my head.

[Poppay2]

I have adapted the defence to reflect my situation, just hope I am on the right track with it.

 

1. The Defendant entered into a credit agreement described by the original creditor as Bank of Scotland (AquaCard)- Credit Card and having account number *********** ('the Account').

 

2. The Claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

 

3. The Defendant is indebted to the claimant in respect of the account in the sum of ****

 

4. The Claimant claims the said sum of **** plus costs. court fee £*** Legal representatives costs £** total **** ###Proposed 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.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Sav Credit. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

2. Paragraph 2 is denied. The Claimant has advised that they do not have a CCA.

 

3. Paragraph 3 is denied It is 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 with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

5. Despite several requests being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00 for each request; the latest request being **th October 2015 the Claimant remains in breach of the sec78 request. The Claimant has advised DCA that no CCA was in their possession.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

Edited November 4, 2015 by citizenB
formatting

[Poppay2]

I tried posting this from a notepad document and still no line breaks, I dont know why this keeps happening. the line breaks are there, but as soon as i post it, they all disappear, am I missing something?

[dx100uk]

theres an aA icon top right of these msg boxes

 

 

try click that first before pasting

[Poppay2]

Particulars of Claim

 

1. The Defendant entered into a credit agreement described by the original creditor as Bank of Scotland (AquaCard)- Credit Card and having account number *********** ('the Account').

 

2. The Claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

 

3. The Defendant is indebted to the claimant in respect of the account in the sum of ****

 

4. The Claimant claims the said sum of **** plus costs. court fee £*** Legal representatives costs £** total ****

 

 

###Proposed 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.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Sav Credit. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

2. Paragraph 2 is denied. The Claimant has advised that they do not have a CCA.

 

3. Paragraph 3 is denied It is 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 with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

5. Despite several requests being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00 for each request; the latest request being **th October 2015 the Claimant remains in breach of the sec78 request. The Claimant has advised DCA that no CCA was in their possession.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

Edited November 4, 2015 by Andyorch
formatted/Particulars hi lighted

[Poppay2]

I have tried several times, yet all formatting continues to disappear. the aA icon, in fact none of the icons work for me. I will upload a pdf copy

[Poppay2]

pdf copy uploaded

[citizenB]

Poppay, your document has personal information in it.. please redact and repost the document.

 

I have also edited your posts to include formatting.

[DonkeyB]

Thanks CB!

[Poppay2]

Poppay, your document has personal information in it.. please redact and repost the document.

 

I have also edited your posts to include formatting.

 

thanks CB, thought it didnt have any personal data, its been a long couple of days, reading up etc, and didnt realise what I had saved as pdf thanks for editing my posts, have no idea why the icons dont work, it could be that it is because I am working from home on a works laptop.

[Poppay2]

Particulars of Claim

 

1. The Defendant entered into a credit agreement described by the original creditor as Bank of Scotland (AquaCard)- Credit Card and having account number *********** ('the Account').

 

2. The Claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

 

3. The Defendant is indebted to the claimant in respect of the account in the sum of ****

The Claimant claims the said sum of **** plus costs. court fee £*** Legal representatives costs £** total ****

 

 

###Proposed 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.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Sav Credit. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

2. Paragraph 2 is denied. The Claimant has advised that they do not have a CCA.

 

3. Paragraph 3 is denied It is 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 with the original creditor; and

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

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

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

 

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

 

5. Despite several requests being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00 for each request; the latest request being **th October 2015 the Claimant remains in breach of the sec78 request. The Claimant has advised DCA that no CCA was in their possession.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

 

I think I need to add the fact that no statements, notice of arrears, or of charges added have been sent to to me in this defence but not sure where in the defence I should add it. Unless I do this when it gets to court? Is the defence ok as is as need to get it Mcol today?