Cabot/Marlin - claimform - old Cap1 card 'debt'

[Normal_For_Norfolk]

On the 10.02.16 I received this :

(thanks for not letting me insert a photo, guys, that's a great help, please see attach.)

 

I fired back a defense:

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 denied with regards to the Defendant owing any monies to the Claimant.

The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14

and a Section 78 request.

 

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement/contract

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.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

4. 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.

 

5. On the 21st January 2016 I made a legal request by way of a

section 78 request to the Claimant. The Claimant has not yet

produced the requested documents therefore I am currently unable

to fully defend this claim..

----------------

 

Of course I simply copypasted the above defence from this forum

and assumed that a CPR and a Sec.78 request were one in the same thing.

 

Further reading of this forum informed me that they are, infact, two quite separate and distinct beasts.

 

As I say in my defence , I submitted a CCA on the 21.01 to which they still haven't replied,

choosing instead to go to court whilst i waited for them to get back to me.

 

So I seem to have submitted an incorrect defense.

 

What would be the best course of action for me to take?

 

Send in a belated CPR?

 

Not kick sleeping dogs?

 

Write to the court and apologise profusely for my misleading statement?

 

Any advice gratefully accepted,

 

I am well and truly out of my depth with the 'waters' of the cloaca lapping my nostrils.

Edited February 22, 2016 by Normal_For_Norfolk
your forum software inserting '*' in my text

[dx100uk]

I wouldn't worry about the mistake

 

shame when you were here before you didn't see that we use PDF here to upload

 

but we don't need to see the claimform anyway...

 

you've probably seen this advised several times too

so can you fill it out for us too please ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

puzzles me why you filed your defence so early though?

not due until day 33 from the form date

 

 

what date did you file it on please

[Normal_For_Norfolk]

Name of the Claimant ? Cabot

Date of issue: 05.02.16

 

 

POC:

 

 

1.By an agreement between Capital One & the Defendant on or around the 18/01/2008

('the Agreement')Capital one agreed to issue the Defendant with a credit card.

The Defendant failed to make the minimum payments due & the Agreement was terminated.

The Agreement was assigned to the Claimant.

 

 

THE CLAIMANT THEREFORE CLAIMS £642.76 What is the value of the claim? £642.76 (£772.6 with costs)

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot,

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so but will check.

Did you receive a Default Notice from the original creditor? Yes.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Not as far as I am aware.

Why did you cease payments? Can't remember, probably fees that I felt no moral compunction to pay.

What was the date of your last payment? Feb 2010, i think.

Was there a dispute with the original creditor that remains unresolved? No.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No.

------

I submitted a defense online straightaway, on the 10.02.16

simply because if I don't deal with such things asap then they tend to get forgotten.

With Hindsight I shouldn't have.

 

Should I now submit the CPR?

[dx100uk]

no point in CPR

as you've probably seen in the treads you read

they ignore it anyway

its only 'a request'

where as CCA is a legal requirement.

 

so your case will be stayed in 33 days from the date you filed that defence

 

dx

[Normal_For_Norfolk]

You say it will be 'stayed' after 33 days,

 

 

even though they submitted the Claim before the 14 working days period of the CCA request was fulfilled?

[dx100uk]

when you file your defence

the clock starts ticking for them

they have 33 days to respond

else the claim gets auto stayed

and then they'll have to pay a fee to unstay it.

 

You say it will be 'stayed' after 33 days,

 

even though they submitted the Claim before the 14 working days period of the CCA request was fulfilled?

 

 

makes no odds

[Normal_For_Norfolk]

I have this morning received, from their solicitors,

 

 

a 'received your defence & matter placed on hold'

along with an offer of a 'Tomlin' for 1/2 the amount with costs.

 

 

I don't want to breech forum etiquette so should i start a new thread or continue this one?

 

 

Am I right in assuming the offer of a Tomlin means they realise they should not have initiated a court claim whilst a Sec.78/CCA was 'running'?

[dx100uk]

stay on this thread.

 

 

not sure where you are reading these assumptions..here?

 

 

until/unless they comply with your CCA request

they are stuffed

sounds like they are trying to get 'something' out of you

hoping you bite, without proving their legal claim

 

 

what date did you file your defence?