Cabot/Retsons claimform - old cap1 card 'debt'

[AndyOrch]

Start looking at defences in the success forum and start to prepare.

[trolley]

If I submit a defence but the court decides I owe the money, can I then pay it or will a CCJ automatically be applied?

 

My head's in a pickle, I need to submit my defence by tomorrow but haven't a clue where to start

 

I requested a CCA and they haven't provided it, is that basically my defence?

[AndyOrch]

Start looking at defences in the success forum and start to prepare.

 

I did advise to start preparing 5 days ago...leaving it a bit last min Trolley.

 

Yes if you pay the judgment by the date stated it will vamoose

 

Andy

[trolley]

Sorry Andy, haven't had access to a pc.

 

Where do i start with my defence? :/

 

Am i right in thinking i have until 4pm tomorrow?

[AndyOrch]

Well I can see from your viewing history today that you have looked at a plethora of discontinued claims...are none of them suitable /same/can be edited to suit your claim?

[trolley]

If I'm honest I'm just confused by all that I've read and what fits. How is this?

 

1.the claimants claim is for the sum of 328.70 being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One under account reference xxxxxxx and assigned to the claimant on 28/09/2015, notice of which has been given to the defendant.

 

2.the defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has not been complied with.

 

and the claimant claims 328.70

[AndyOrch]

Correct Particulars of Claim

 

The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

 

 

 

Defence now submitted

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Defendant admits that a contractual relationship did once exist with Capital One, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. I have received a letter acknowledging my request. To date I have yet to receive the documentation requested. This was posted on the 10.02.2016.

 

I also requested a copy of the agreement that this claim relies upon by way of a Section 78 request. I have not even received anything to acknowledge my request. To date they have failed to supply the documents and remain in default. This was posted on the 09.02.2016.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

© Show how the agreement was breached/ terminated to allow the claimant relief.

(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, it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to.

[trolley]

Sorry, looking back at mine it hasn't copied across properly.

 

Yours is ready for me to copy and paste into my defence?

 

If so then it's greatly appreciated, thank you

[AndyOrch]

[trolley]

Thank you, as this time will I need to show evidence of my CCA request etc..

[AndyOrch]

Thank you, as this time will I need to show evidence of my CCA request etc..

 

No...that comes later with your disclosure and witness statement.

 

Your particulars posted in post #30 are different to the upload of the claim form at the start of this thread ?

[trolley]

Thank you, you're help is so very much appreciated. Defence submitted.

 

Oh I put the default amount and not the total amount. Is that what you mean?

[AndyOrch]

Oh balls, I put the default amount and not the total amount. Is that what you mean?

 

No....you dont submit the particulars anyway ...thats just for reference...but in your post 26 above those particulars are not the same as the upload of your claim in post 2 ?

 

Your particulars....

 

The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

 

Post 26 particulars......

 

1.the claimants claim is for the sum of 328.70 being monies due from the defendant to the claimant

under an agreement regulated by the consumer crediticon act 1974 between the defendant and Capital Oneicon under account reference xxxxxxx and assigned to the claimant on 28/09/2015, notice of which has been given to the defendant.

 

2.the defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has not been complied with.

 

and the claimant claims 328.70

[trolley]

Sorry, you mean this bit?

 

 

2. The Defendant admits that a contractual relationship did once exist with Capital One, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

I copied and pasted this bit, reading back again this was in error.

[AndyOrch]

No ...lets try for the third time...the particulars of claim you posted in post 26 are not yours?

 

Yours are in post 2 & 3 ?

[trolley]

Yes my correct particulars are in 2 & 3

[AndyOrch]

So why did you post them particulars in post #26?

 

They are what I have used to check the defence.

[trolley]

I copied and pasted another successful defence and didn't change that bit. And I'm guessing there is no way to change them in my defence now

[AndyOrch]

Afraid not...never copy another posters particulars of claim...let me just check it again to yours.

[trolley]

I copied the whole defence, my mistake. I'm guessing that means i'll lose?

 

I was only looking for Names and Numbers to change, that's where i made the mistake

[AndyOrch]

Correct Particulars of Claim

 

The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

 

 

Defence now submitted

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Defendant admits that a contractual relationship did once exist with Capital One, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. I am unaware of any legal assignment the claimant refers to within its particulars and deny any Notice was served pursuant to the Law of Property Act 1925.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. I have received a lettericon acknowledging my request. To date I have yet to receive the documentation requested. This was posted on the 10.02.2016.

 

I also requested a copy of the agreement that this claim relies upon by way of a Section 78 request. I have not even received anything to acknowledge my request. To date they have failed to supply the documents and remain in default. This was posted on the 09.02.2016.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

© Show how the agreement was breached/ terminated to allow the claimant relief.

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

 

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

 

5. 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 crediticon Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to.

 

 

 

You may be lucky as it matches ...except they do not mention a default in their particulars.

[trolley]

So I guess it's just wait and see now? With everything crossed

[AndyOrch]

Its not a major error...see what transpires.

[trolley]

Thank you, I have the money set aside just in case. If I end up having to pay then I will make a donation, If i don't then the donation will be much greater.

 

Thank you again for your help.

[AndyOrch]

Thank you, I have the money set aside just in case. If I end up having to pay then I will make a donation, If i don't then the donation will be much greater.

 

Thank you again for your help.