Cabot/restons Claim form - old MBNA card 'debt' ***Claim Discontinued***

[dx100uk]

makes no odds if/if not you were on a dmp

the issue is no paperwork

 

 

std no paperwork defence

 

 

Date to submit defence by 4pm Friday 11.03.2016 =

 

 

 

dx

[MBaxter]

Lovely thank you.

[MBaxter]

Sorry to be a pain DX. Do I need to acknowledge the solicitors letter that arrived yesterday?

 

 

it is just a std response to a cpr31.14 advising me to not rely on this defence

and to seek legal advice before proceeding further etc.

 

Ta

[dx100uk]

you ignore the letter

[MBaxter]

Thank you

[MBaxter]

Hi - just received another letter almost the same but says "we note from your letter you have requested documentation relating to the original agreement. We confirm this documentation has been requested for you however this can take 8 - 10 weeks to be received if requested from the original vendor. Upon receipt, this will be forwarded on". Effectively what they are saying is; we don't have it but we thought we'd take you to court anyway in the hope that you'd just give in.

 

Obviously I need to file my defence on or by 4pm on the 33rd day, but I guess they say this to try to discourage you from defending it.

 

 

I had forgotten this but the CAB advised two years ago, not to ignore any letter from a court, he said you'll know when that happens as it will be a thick envelope with the documents on which they base their claim, if an envelope arrives from a court with no supporting documents, then they haven't got the paperwork and will in all probability not be able to proceed with it.

 

Also, I have a very good friend who works in litigation in the banking sector for corporate funding big plc's etc. and has done for 25 years or more, although I am not reliant on what he says, he has told me several times in the past that the vast majority of banks - unless they are defending an ongoing claim against them - will almost religiously destroy any paperwork, or applications they hold within the 8th year. The cost for secure storage etc. is too vast and even if they don't destroy it, the chances of finding it are slight to impossible.

 

Like I say, I am not reliant on this info but if I get a request for more time, then I should reject, right?

Edited February 22, 2016 by MBaxter

[dx100uk]

ignore do not give them more time

do not miss your filing date

[MBaxter]

No I won't.

They haven't asked for it yet.

If they do,

then I will reject it and file my defense and file.

 

Just a quick question,

do I file on the 28th day or the 33rd from the date on the court forms?

 

 

Before I came on here last week,

I rang the court to ask if it was a real claim as I was struggling to login with that case #

they said at the time, I have until the 33rd day of issue.

Is that right?

 

My defense is all but ready now, assuming they don't respond.

[dx100uk]

as post 26 and post 4

33 days whereby the claimform date is day one of the count.

 

 

dx

[MBaxter]

Great - thanks

[dx100uk]

post it up before you file

get it checked by the experts here first

[MBaxter]

Still no response to the CPR31 letter or CCA request other than the customary we need 8 weeks to find the requested documents and to remember to file my defense. Now, I have two dilemma's - first being I typed out a beautiful defense taken from CAG and my partner's computer has crashed and burned this weekend (nasty bug apparently). It is in the menders but they say they won't get it back until Fri at the earliest, so I need to produce another but I can't find the link I got. Is there a specific one you'd recommend?

 

My second dilemma is, I have just been offered a 4 week chance in a lifetime contract in the states filming for the US elections, it starts from Apr 15th. Can I inform the courts I will be away during this time and will not be able to respond/deal to mediation etc. (assuming my defense is accepted and the case is stayed/struck out) or am I just best to say nothing at this stage?

[AndyOrch]

I would just submit your defence on time and then wait a further 33 days to see if its stayed (in all probabilities it will be)....then you can take up your offer in USA.

 

Regards

 

Andy

[MBaxter]

Thank you for that and the speed too.

 

 

If possible, could you point me in the direction of a good defense please?

 

 

I had (what I thought) a blinder but g/f's computer is not very well

and I am kicking myself as I always email myself a copy of anything important

so I can at least log in and get it and this has happened.

 

 

I'd really appreciate any pointers.

 

Many thanks

[AndyOrch]

Looking at your viewing history...it may have been one of the following 3...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429070-Cabot-Claim-Form-old-CAT-debt-***Claim-Discontinued***

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282696-HSBC-Card-debt-various-DCA-s-Now-MKDP-claim-form***Claim-Discontinued***

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377509-Court-Claim-received-cabot-old-halifax-credit-card***Resolved-by-Tomlin-Order***

 

Regards

 

Andy

[MBaxter]

Lovely - thank you. I will take a look when i get home.

[MBaxter]

Hi Andy, Thanks for your help so far.

 

 

Luckily, it turns out I had emailed it to myself but it wasn't showing on my phone

but I have managed to load it from my own computer.

 

 

my situation is that I have received a Notice from Northampton Court issued by Reston's

for a debt with Crapot which was originally with MBNA.

 

 

 

 

I have sent of a CPR31.14 request to the solicitors and a CCA request to Crapot. I received an acknowledgement to my CPR31.14 saying they need at least 8 weeks to find the original documents

and that I am reminded to file my defense in on time.

 

Previously, I was in a D.M.P. foolishly in mid-2005 where I thought I was clearing it.

Sadly, I was mis-sold this and was told around 2 years ago that I had not cleared any of it

and the interest had accumulated.

 

 

I cancelled my payments with them,

I contacted Cabot (I think as that was the only company I remembered) at the time in the spring/summer 2014,

I didn't admit to anything and I never heard anymore until last month,

despite them saying they'd send further information.

 

 

To my knowledge, I entered into the D.M.P. via another D.C.A.'s

(I don't recall Crapot ever being on the agreement) but now it seems it is down to them.

 

I never received a NOA, default notice etc. and nor had I received any statement until two weeks ago.

I originally had a dispute with the O.C. as there had been fraudulent activity on the account

and I refused to pay the bill as I didn't agree with what was on the statement

and instead of dealing with it, it was passed to a D.C.A.

 

As of yet, I have not received any further information to my CCA / CPR letters.

I have until Monday being the 33rd day to file and just want some pointers on what I have put together/adapted from other cases on here. If you are able take a look below and see if this applies to my situation,

I'd really appreciate any help/input.

 

Thank you in advance.

 

...

[MBaxter]

In the NORTHAMPTON County Court

Claim number XXXXXX

Between

Restons - Claimant

and

XXXXXXXX – Defendant

 

DEFENSE

1. I XXXXXXXX am the defendant in this action and make the following statement as my defense to the claim made by Reston’s.

2. Except where otherwise mentioned in this defense, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

3. The claimants Particulars of Claim are vague and 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 Civil Procedure Rules.

4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularized and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

**6. It is denied that I have entered into an agreement with the Claimant Cabot.**

7. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

8. It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the consumer credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

9. It is denied that I am in breach of the alleged agreement in that I allegedly failed to make payments to the claimant.

10. It is averred that if the alleged agreement is subject to the Act, before proceedings may be commenced the Claimant must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.

11. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

12. Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing.

13. Further, it is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law.

14. It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void.

15. Further and in any event it is averred that any clause of the alleged agreement under which the account charges are claimed is an Unfair Term contrary to The Unfair terms in Consumer Contracts Regulations 1999 and, by virtue of Regulation 8(2), "shall not be binding on the consumer". Any such contractual terms are therefore void.

16. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

17. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

The Defendant respectfully asks the permission of the court to amend this defense if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

I believe that the facts stated in this defense are true.

 

 

[AndyOrch]

Probably better if you had lost the above.......take a look at the links I have provided or similar.

[MBaxter]

Oh really. I'll take another look but these were adapted from a claim/s that was successful.

[AndyOrch]

Maybe so but a lot of water has passed under the bridge since 2006

[MBaxter]

The one I adapted this from was won in 2014 I believe. Out of curiosity, can I ask why it is wrong? Is it too long or are the points not relevant as this dates back to a cc agreement back in 2001/2?

[AndyOrch]

Its not CPR compliant.....90% of its irrelevant for an initial defence......and it will send the judge to sleep

[MBaxter]

OH OK. I did think it was unnecessarily long but then I guess most legal documents seem to be. I just looked at one defense on the list and it is substantially shorter. I just wondered if I should admit to having financial dealings with the bank or ommit this. Also having been in a dma, does this make it easy for them to prove as there has been a history of payment albeit indirectly and as I said, from what I remember the agreement was set up with a different DCA?

[AndyOrch]

Well you save all the finer details for your witness statement...your initial defence just responds to the points plead by the claimant at this stage......keep it vague less is more.