Cabot/Reston's Claimform - old halifax credit card

[oldagehappens]

Name of the Claimant ? MFS Portfolio LTD

Date of issue – 11th May 2016

 

What is the claim for –

 

 

1.The claimant claims payment of the overdue balance due from the defendant under a contract

between the defendant and halifax dated on or about XXXX and assigned to the claimant on XXXX.

 

PARTICULARS a/c no - XXXXXXXXXXXX

 

Date - XXXXXXX -

ITEM - Default Balance

Value £6200

post Refril - NIL

 

What is the value of the claim? - £6800

 

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 - 2008

 

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. - DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - Yes

 

Did you receive a Default Notice from the original creditor? - Can't remember

 

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

 

Why did you cease payments? - Payments were made to OC via SO and not redirected to DCA. These were stopped at Xmas.

 

What was the date of your last payment? Dec 2015

 

Was there a dispute with the original creditor that remains unresolved? - No, the account has now been closed according to credit file.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? -

OC was notified of reduced income, all was negotiated direct with no 3rd party assistance.

 

DCA has been sent a CCA request. It is now 16 days.

They have responded advising they don't hold the agreement and have asked OC for it.

 

CPR has been sent to solicitors and they have refused to acknowledge the letter unless I physically sign it.

[dx100uk]

usual crap from rectums then.

 

 

don't forget to ack the claim

defend all

on mcol website

 

 

dx

[oldagehappens]

I've done all that so far.

 

How do I defend?

[dx100uk]

probably holding/no paperwork defence.

[oldagehappens]

probably holding/no paperwork defence.

 

Ok, great. If they do send through and able to enforce it.

What would be my next option?

I guess I can't stop a CCJ hitting my file?

Are you able to then negotiate monthly payments?

 

Sorry for all the questions.

 

I need a drink.

[dx100uk]

we check the CCA return first

you can still avoid a CCJ by a tomlin order .

[Guest]

Are you able to then negotiate...?

 

Sorry for all the questions.

 

I need a drink.

negotiation is always available, if needs be.

 

have a drink, nothing needed for you to do on it for tonight

[oldagehappens]

Hi folks,

 

I've sent a CPR to solicitors and they wont do anything as it's not signed.

 

Should I send another and sign it? Just thinking about defense side of things and whether they will use the fact it wasn't signed.

 

Thanks.

[AndyOrch]

They wont respond even it it was signed ..bar a template response...so don't bother.. just state the fact they have failed to respond within your defence.

 

Andy

[oldagehappens]

Ok, thank you.

[oldagehappens]

Hi folks, I'm trying to find the draft defence templates but struggling, can you link me please.

 

Thank you.

[martin2006]

Search for halifax in the cag search bar above, there are hundreds

[dx100uk]

there are not templates for defences

each is unique to each case and their poc.

 

 

either copy and paste your thread title into the red top toolbar search cag box

or copy a line of their poc into it.

 

 

dx

[oldagehappens]

Ok, thank you for the help.

 

I have been searching and looking over lots of things on how to draft a response.

 

 

The part that is baffling me is the POC on the form.

 

 

It's so short, there is no mention of credit card, credit agreement, notice of assignment, default served. Nothing..

.. it's like prestons are deliberately not putting things in so you can't ask for relevant documents in the defence.

 

Just, it's a contract...

 

Should i put in my defence about CCA, notice of assignment?

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=The+claimant+claims+payment+of+the+overdue+balance+due+from+the+defendant+under+a+contract+between+the+defendant+and+dated+on+or+about+XXXX+and+assigned+to+the+claimant+on+XXXX&sa=Search+CAG#gsc.tab=0&gsc.q=The%20claimant%20claims%20payment%20of%20the%20overdue%20balance%20due%20from%20the%20defendant%20under%20a%20contract%20between%20the%20defendant%20and%20dated%20on%20or%20about%20XXXX%20and%20assigned%20to%20the%20claimant%20on%20XXXX&gsc.page=1

[oldagehappens]

Good evening,

 

How does this look as a defence?

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the defendant under a contract

between the defendant and halifaxicon dated on or about XXXX and assigned to the claimant on XXXX.

 

PARTICULARS a/c no - XXXXXXXXXXXX

 

Date - XXXXXXX -

ITEM - Default Balance

Value £6200

post Refril - NIL

 

 

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 upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2. The Defendant accepts that he has held an account with Halifax in the past

 

3. On receipt of this claim I requested information pertaining to the claim from Reston’s Solicitors and Cabot Financial (UK) Ltd. by way of a CPR 31.14 and a section 78 request dated XXXXX.

 

4.Reston’s Solicitors have refused to accept this request as genuine and refused to respond to further requests without a copy of my signature despite, postal details remaining the same.

 

5. The claimant has failed to supply any supporting documentation.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement; and

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

c) show how the Claimant has the legal right either under statute or equity to issue a claim.

d) Show the alleged account has been terminated in the correct manor.

 

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

 

8. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

9. 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.

Edited May 30, 2016 by Andyorch
Particulars added for cross reference

[AndyOrch]

I would remove your point 5 ...as the claimant is not compelled to disclose pre defence...and you have already got it across in 4 and 6.

 

Rest is fine.

 

Regards

 

Andy

[oldagehappens]

Thank you Andy.

[oldagehappens]

Hi All,

 

So it's been 7 months with the claim stayed and not a peep from Restons.

 

 

They have now sent me a copy of the signed agreement so looks like they will be applying to lift the stay and proceed.

 

Can I argue about non compliance, do I stand a chance of getting anywhere?

[AndyOrch]

Appears to be a standard stance doing the rounds were they are inviting all defendants to withdraw their defence or they will apply to strike out your defence......going to be a hefty bill if they do to all claims.

 

Ignore....dont fund their Xmas festivities.

 

Andy

[dx100uk]

if you wish

scan up all what they have sent to ONE multipage PDF and well check it for you

upload

[oldagehappens]

Hi All,

 

Claimed has been stayed since last December, they have now wrote to me saying that it's currently unenforceable, they will continue to ask for the relevant documents.

 

Should I do nothing or should they be withdrawing the claim?

 

Thanks in advance

[AndyOrch]

They should be discontinuing their claim.......but stayed is just as good......ignore them.