cabot/Mortimer claimform - old Park Motor Car Finance [EX:5 rivers bluestone car returned]

[dodgersmad]

thanks martin2006 as you say i think no paperwork/holding for now, thay have all received the letters i sent and singed for on the 12/4/17 so for now i have /thay have until the 28th for me to be able to put my defense in

[dodgersmad]

can i have some views on this

 

Preliminary Matters

 

1. The Claimants claim form fails to adequately set out the nature of the Claim.

 

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

 

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

 

 

The Claim

 

4. The claimant states the claim is for the balance of instalments due and unpaid under agreement but without further details the Defendant is unable to identify such an account within his own records.

 

5. The Claimant states the claim relates to a credit agreement dated 01/02/2007 but without further details the Defendant is unable to identify such an account within his own records.

 

5. The particulars of claim state that the account was assigned xxxxxxx financial uk limited but no notice served pursuant to the Law of Property Act 1925. The Defendant does not recall receiving notice of this assignment.

 

6. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

 

7. In respect of matters, which the Defendant is able to plead to, around the 9th of Feburay, 4th April I phoned xxxxxxxx asked for information to be sent, xxxxxxxr said it would, and 11th April the Defendant sent “recorded delivery” cpr31:14 requests for information to the Claimants solicitors . The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

 

12. The Defendant has also sent a request for inspection of documents on the 11/04/17 to xxxxxxx "The claimant" as allowed under s78 CCA 1974 request. The Claimant has not replied to this letter.

 

8. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

9. The Defendant has also sent a request for inspection of documents on the 11/04/17 to xxxxxxx mentioned in their statement of case as allowed under s78 CCA 1974 request.xxxxxxxxx has not replied to this letter.

 

13. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

 

14. The Defendant has refused the claimant an extension of time for filing a defence and suggests that the Claimant use her own records. ????????The Claimant has not kept any financial records.???????not sure here

 

14. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

 

Default Notice

 

15. It is denied that the original creditorxxxxxxxx LIMITED, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

 

17. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

 

Notice of sums in arrears.

 

18. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

 

Conclusion

 

Accordingly, the Defendant avers that

 

19. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

 

20. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

 

21. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

 

Statement of Truth

The Defendant believes that the facts stated in this Defence are true

[dx100uk]

that's not a holding /no paperwork defence.

 

 

or if it is its mixed with very old embarrassed defence one.

 

 

the poc is extremely vague

so should your defence

 

 

Keep It Simple Stupid - KISS

[dodgersmad]

thanks dx100uk can you give me examples please

Edited April 13, 2017 by dodgersmad

[unicorn77]

I've dealt with both Bluestone and Cabot.

To be honest I think you're complicating things.

 

 

Cabot took me to court and I figured they wouldn't have paperwork so requested it.

They never got it to me in time so I entered defence saying if they can provide the correct paperwork i'll pay the debt.

They asked for an extension to provide the documents which I defended and won so they pulled out

 

You mention 4/4/10 was when they took the car back? which means you already never paid.

Unless you made payment since or acknowledged the debt this would be statute barred?

 

Since you've already requested the documents i'd wait until 27thish to file a defence (If your deadline is the 28th) saying you requested the documents etc but never received them so are yet to be satisfied the debt belongs to you and believe there is no paperwork to legally enforce it etc.

 

Send Mortimer your defence as late as possible and it's almost guaranteed they'll make a mess.

To be honest I wouldn't even say that you accept any debt in a certain period of time and would 'simplify' your defence.

The court won't care about things like debt being paid in installments only whether you owe the money or not

 

If you're basing your defence on no paperwork

all they want to know is have you made an attempt to obtain paperwork from the claimant and can the claimant provide the paperwork proving you owe the debt.

 

 

I find your defence quite confusing,

In parts it sounds like you're defending a previous hearing?

 

 

Also when the hearing it set usually the court will allow you to send additional information when more information becomes available to you.

 

 

I sent additional information via post to the court and claimant which the judge accepted based on a change of circumstance, you should just need to write it as a witness statement.

[dx100uk]

FORGET TOTALLY

any documentation you have

that DOES NOT EXIST at this stage

 

you formulate your defence on WHAT

has been sent back in relation to your CCA/CPR requests.

 

if they've not replied

you don't mention anything you know from elsewhere

 

1.The claim is for the balance of instalments due and unpaid under an agreement dated 01/12/2007 & under which blue motor finance ltd re bluestone agreed to provide credit in relation to the purchase of goods payable by instalments (“the agreement”). The agreement was assigned to the claimant.

 

Particulars

1. Amount due and unpaid 2342.26 the claimant therefore claims

1. Amount due and unpaid 2342.26

 

The Defendant contends that the particulars of claim are extremely vague.

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. The defendant denies ever signing any agreement for goods with either Blue Motor Finance nor Bluestone.

 

2. The defendant denies ever receiving any notice of assignment from The claimant or Blue Motor Finance nor Bluestone.

 

3. The defendant upon receipt of the Claim Form sent the Claimant a CCA Request on [date], they have failed to respond

 

4. The defendant upon receipt of the Claim Form sent the Claimants Solicitor a CPR 31:14 Request on [date], they have also failed to respond

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

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

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

 

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

 

7. 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 82 A of the consumer credit Act 1974.

 

8. 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.

[dx100uk]

needs to be checked over by andyorch if possible before you file.

 

 

dx

[AndyOrch]

Fine DX....just add the relevant CCA section number...77/79

 

Andy

[dodgersmad]

thanks to you both dx100, andyorch i look at a few and was all the same i now under stand with the info i have and not to give them an edge , i think that`s why Mortimer wanted my defense in for the 18th as thay was hoping for an early cc j but i am leving it to the end 28th, which would only give them 1 day to action any thing.

 

Thanks Dm

[dodgersmad]

thanks for that info unicorn77 (Also when the hearing it set usually the court will allow you to send additional information when more information becomes available to you. ) i dint know that.

 

Tanks Dm

[dx100uk]

just to clarify something

...you don't send a copy to the claimant nor their solicitors

 

 

the court does that

[dodgersmad]

just to clarify something

...you don't send a copy to the claimant nor their solicitors

 

 

the court does that

 

thanks for that i was under the opinion that i had to send a copy to mort and the court

 

Dm

[dx100uk]

as it mentions purchase of goods [HP]

then go with s79 of the Consumer Credit Act

 

 

change 3 too:

 

 

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 sec79 request.

[dodgersmad]

thanks DX100uk

[dodgersmad]

on the 22/4 i received a letter from Mortimer dated 20/4

 

dear mr ****

re ***

 

ref***

claim no ***

 

we acknowledge your request for documentation persuant to cpr 31.14

 

we confirm our client is willing to agree to the extension of 28 days, for you to file your defence. persuant to cpr 15.5(2) please notify the court in writing of the agreement.

 

cpr 31 .14 relates to a right to inspect a document and can be distinguished from standerd disclosure of evidence during the course of proceedings.

 

we believe that you may have already "inspected" the documents to which you make refence becouse on various dates in the past they would have been sent to you by another party such as the original creditor.

 

we would be gratefull if you could confirm what documents you have in your prossession or control relating to this matter to avoid duplication over document inspection. we will then take our clients instructions.

 

i also receved a letter from bluestone from my cca request dated 25/04 all it says thay can confirm the account as been transferred to cabot and to contact them, thay also sent back the 1 pound po but did send a copy of my agreement with park

 

two days to go help??

what do i need to do

[dx100uk]

Ignore

[dodgersmad]

1.The claim is for the balance of instalments due and unpaid under an agreement dated 01/12/2007 & under which blue motor finance ltd re bluestone agreed to provide credit in relation to the purchase of goods payable by instalments (“the agreement”). The agreement was assigned to the claimant.

 

Particulars

1. Amount due and unpaid 2342.26 the claimant therefore claims

1. Amount due and unpaid 2342.26

 

The Defendant contends that the particulars of claim are extremely vague.

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. The defendant denies ever signing any agreement for goods with either Blue Motor Finance nor Bluestone.

 

2. The defendant denies ever receiving any notice of assignment from The claimant or Blue Motor Finance nor Bluestone.

 

3. Despite a request being made under the consumer credit Act 1974, CCA section number 77/79 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 sec77/79 request.

 

4. The defendant upon receipt of the Claim Form sent the Claimants Solicitor a CPR 31:14 Request on 1104/17, they have also failed to respond to send any documents referred to in the Statement of Particulars

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

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

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

 

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

 

7. 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 82 A of the consumer crediticon Act 1974.

 

8. 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.

 

 

 

 

does this look right thanks dx100

[dx100uk]

no you've added to my no.3.

use that only please

[dodgersmad]

thanks dx on post 40 mort says it agrees for 28 days is that from the issue date of the claim or from the date of the letter sent ON THE 20

 

thanks DM

[dx100uk]

immaterial ignore

[dodgersmad]

just a update not had any more letters or e mails from any one of the four so i have put in my defense in on the 28th re post 31, in time so its a waiting game to see what there next move is.

 

DM

[dodgersmad]

just an update

 

Had a letter from monomers

 

we write with ref to the above matter and can confirm that we have received your defense, we note that we have not received a request pursuant to sec 77 of the bla bla. we have referred this matter to our client and have asked if any such request has been made and if so the current status of this request.

we are taking our clients ins in relation to your defense and will come back to you as soon as we can,in the meantime the matter as been placed on hold.

 

question on the 30/5/17 the 30 days will be up does this mean it will be stayed?

 

DM

[dx100uk]

it will be autostayed if they do nowt

[dodgersmad]

Thanks DX