Jump to content


  • Tweets

  • Posts

  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
zaggacom

Cabot/Restons claimform - old Citi financial debt

Recommended Posts

Hello, Restons have now sent me a letter (attached) advising in 14 days from the date of the letter (9th March) they will be issuing legal proceedings against me, as they have now complied with the CCA request.

 

Is there anything I should do to reply, or do I just wait for the court papers and then advise I wish to defend it on the basis their CCA was not legally binding in a court.

 

I am not sure what i should be doing, or if I need to reply.

 

Your help is greatly appreciated, as i am getting worried now that they will actually issue against me.

 

regards

restons redacted.pdf

Share this post


Link to post
Share on other sites

they must abide by pre action protocol.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

I have received the small claims county court claim issued 3rd may 2018, just need to know what to do,

 

With regard to the pre action protocol which came into force on 17th October 2017,

I understand, but what if the threatening letters from Restons were from before this time,

as is the case here,

as they were sending me letters about this debt in September 2017 saying they could take me to court,

then does the PAP still apply,

or is it that as they have issued court papers on 3rd May then they should have gone through the new PAP procedures first.

 

Hope this makes sense.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

they should have gone thru PAP

but that's for later now

 

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

moved to legals


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Name of the claimant is Cabot Financial (uk) Ltd

 

Date of issue – 3rd May 2018

Date to acknowledge) = 21/5/18

date to submit defence = 4/6/18

 

What is the claim for – the reason they have issued the claim?

 

The claimant claims payment of the overdue balance due from the Defendant(s) under a Citifinancial branded credit facility issued pursuant to a contract agreed by the defendant(s) on or about Nov 23 2007 and assigned to the claimant on Sep 02 2010 PARTICULARS a/c no 00054xxxxxxxxxxxxxx

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

What is the value of the claim? £3199.87 plus costs total £3464.87

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

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

 

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. Debt purchaser has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think I did, I knew from letters I had received that it had been assigned, whether I received official notification back in 2010 I cannot recall.

 

Did you receive a Default Notice from the original creditor? Not sure.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure.

 

Why did you cease payments?

 

Financial Hardship, I had been making agreed payments of £1 per month since 2010 until 2017 but they stopped, after my situation got worse. I tried to reinstate payments but they refused to accept my proposalsu

 

What was the date of your last payment? Probably March 2017

 

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 management planicon?

I agreed a repayment plan of £1 per month which ran from around 2010 to 2017

Edited by dx100uk
format

Share this post


Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thanks I have sent my CPR request by recorded delivery on the 14th May. So now i have to compile my defence and send it to the court by 4th June. So how do I actually do this?

Share this post


Link to post
Share on other sites

Check the threads on here they are full of great information and the guys on here give sound advice.

Reading your post it is classic tactics from DCA in demanding money after all they are on commission so have no desire to help you out.

 

Check my current thread - Lowell and Halifax OD ,

I sent CPR request to DCA and still not complied,

just gone through mediation which failed so on to court.

 

Judging by your information and the dates Cabot will not have any decent documents to produce

,the debt may even be statue barred but you won't know this till you get your CPR request completed.

 

Be prepared to get calls and more letters from Cabots offering percentage off or a couple of threatograms

Share this post


Link to post
Share on other sites

Thanks for your reply, the case has already gone to court, and I have to put in my defence by 4th June, but not had a reply to the CPR request yet, and dont jnow where to start with the defence or how to write one, any help gratefully received.

Share this post


Link to post
Share on other sites

the case hasn't already gone to court

you don't need a reply

read like thread 1000's here already

have a go we'll advise.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thanks, is there any threads you reccomend, or places to start, I have read some threads but there are too many to sift through, I need to put a defence to say the credit agreement they sent me is not signed i think, and they have not followed the pre protocols that have recently been introduced. Havent got a clue where to start.

Share this post


Link to post
Share on other sites

search cag box top red toolbar

 

claimform reston card


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Here is my first draft of my defence, I have had a go, dont know if this is adequate or worded correctly, please advise accordingly, I am basing it on the fact the cca copy they sent me does not have my signature and is just a copy of the terms and conditions with my name and addreess on, they have not sent me a notice of assignment or not that i can remember, they have not followed pre action protocol and they have not yet responded to my cpr request.

 

Particulars of Claim.

DATE ITEM VALUE

 

17/8/2017 Default Balance £3199.878

 

Post Refrl Credit NIL

 

 

The claimant claims payment of the overdue balance due from the Defendant(s) under a Citifinancial branded credit facility issued pursuant to a contract agreed by the Defendant(s) on or about Nov 23 2007 and assigned to the claimant on Sep 02 2010

 

PARTICULARS a/c no 00054xxxxxxxxxxxxxx

 

Total 3199.87

 

 

No Letter of assignment dated sept 02 2010

 

No firm date of when credit card issued, "on or about 23rd Nov 2007"

 

CCA request no signature on cca. Reconstituted agreement

 

No response to cpr 31.14 issued on 14may 2018.

 

No Pre protocol letter received

 

 

Defence

 

The Defendant contends that the particulars of the 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.

 

It is admitted with regards to the Defendant once having had a credit facility with the original creditor citi Financial. However, the Defendant is unable to say what specific date the contract was entered into, neither it appears can the Claimant, as in the particulars of claim they state that the contract was on or about Nov 23 2007.

 

 

The claimant is therefore put to strict proof to clarify its claim. Irrespective it is denied that I am indebted for the alleged balance claimed.

 

I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

On receipt of the money claim form from the Claimant, I requested under section 78 of the Consumer Credit Act a copy of the credit agreement, they subsequently sent me a reconstituted copy of terms and conditions dated 30 04 2007. There is no signature on the terms and conditions and I understand this makes it unenforceable in court under the terms of the 1974 Consumer Credit Act.

 

On receipt of this claim i requested further information to clarify the alleged debt by way of a CPR 31.14 requested 14th May 2018. The claimant has refused to comply with this request.

 

The Claimant has not complied with Pre Action Protocol and the Defendant has not received any correspondence that complies with Pre Action Protocol before this legal claim was undertook.

 

Therefore the claimant is put to strict proof to:-.

 

(a) Provide a copy of the credit agreement that complies with section 78 of the Consumer Credit Act 1974, along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Default/Demand /Recall Notice and Notice of Assignment.

© Show how they have complied with Pre Action Protocol .

Edited by zaggacom
error

Share this post


Link to post
Share on other sites

Any ideas about my Defence draft as i have to have it in by 4th June and no one has responded to my first draft yet. Don't know if it is on the right track or not, any help from knowledgeable guys would help me.

Share this post


Link to post
Share on other sites

Well (b) is applicable to overdrafts only...you have no conclusion to the defence and the agreement does not contain the T&Cs..I think you mean prescribed terms.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

T&c's do not have to be signed

 

Have the fleecers replied to you since issuing the claim

If not i wouldnt even both mentioning the above


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

I have had nothing from the claimant since the claim came through, but I understand that i still have to file a defence, so I am trying to construct one, so if i take out the things about (b) which is applicable to overdrafts only and about not having a copy of my signature, but they havent produced an agreement with my signature on, so do I mention that?

Share this post


Link to post
Share on other sites

The standard credit card defence.....with conclusion......edit to suit your circumstances...

 

 

Defence

 

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

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with(Insert original creditor). I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over x months ago.

 

5. On the xxxxxxxxx ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

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 assignment/balance/breach 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 and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

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

 

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

 

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

 

9. 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.

 

10. 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.

 

Alternative finish….

 

10. On the xxxxxxxx I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to to enforce the agreement or request any relief until such compliance.

 

11. By reason of the facts and matters set out above, the claimants claim is denied.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thank you i will look at that, but just had todays post and i have received a letter from Restons in reply to my cpr request.

 

They say they are under no legal obligation to provide me with a copy of the original agreement as they are unaware of any valid request request under section 77-79 of the cca being made to the creditor and the appropriate fee being paid.

 

(I have done this and had a reply from Cabot and Restons on this so i am confused)

 

The letter then goes on to say I have had regular statements so I knew what was going on etc.

 

It also says it is their understanding that a Default Notice was issued and they note that i do not deny this. And i should visit my personal records for this information. (As far as I can recall I have not agreed that i have had a Default notice, and dont have one in my possession)

 

They go on to say their only obligation is to serve a Notice of Assignment which they believe they have done. pursuant to Section 136 Law property Act 1925, Furthermore i do not appear to dispute having received a Notice of Assignment. ( I have never been asked if I have received one, and i dont have one in my possession)

 

It then just says Legal proceedings have been issued and will not be withdrawn etc.

 

Is it worth replying to this or should I just concentrate on filing a defence.

 

Thank You

Share this post


Link to post
Share on other sites

Thats a template response....with your name address and account number added...on most if not all threads were Restons are involved.

 

You sent your CCA request to Cabot...not them.....Solicitors should know that this request must go to the Claimant.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

so no need to reply to it. Just file a defence.

Share this post


Link to post
Share on other sites

Here is my Defence, as they have replied to my CPR request and responded to my section 78 request I have had to acknowledge this, hope is sounds ok. Can you let me know if it needs changing, I have to send it today or tomorrow.

 

Defence

 

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

 

2. It is noted and it is accepted insofar that I have once held a contractual relationship with CitiFinancial. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. With regard to a Default Balance of £3199.87 this is denied as I have never received any Default Notice from the original creditor nor the claimant.

 

4. The Notice of Assigment is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 years ago.

 

5. On the 14th May 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request was also sent on the 4th December 2017. The claimant has responded to my CPR request advising they are not under any obligation to provide any documentation. The response from my Section 78 request was a copy of the terms and conditions and not a copy of a credit agreement.

 

 

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 assignment/balance/breach 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 and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

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

 

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

 

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

 

9. 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.

 

10. 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.

 

 

11. On the 14th May 2018 I made a legal request by way of a CPR 31.14 request and a Section 78 request made on the 4th December 2017 to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to enforce the agreement or request any relief until such compliance.

 

12. By reason of the facts and matters set out above, the claimants claim is denied.

Share this post


Link to post
Share on other sites
Here is my Defence, as they have replied to my CPR request and responded to my section 78 request I have had to acknowledge this, hope is sounds ok. Can you let me know if it needs changing, I have to send it today or tomorrow.

 

Defence

 

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

 

2. It is accepted insofar that I have once held a contractual relationship with CitiFinancial. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. With regard to a Default Balance of £3199.87 this is denied as I have never received any Default Notice from the original creditor nor the claimant.

 

4. The Notice of Assignment is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 8 years ago.

 

5. On the 14th May 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request was also sent on the 4th December 2017. The claimant has responded to my CPR request advising they are not under any obligation to provide any documentation. The response from my Section 78 request was a copy of the terms and conditions and not a copy of a credit agreement.

 

 

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 assignment/balance/breach 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 and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

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

 

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

 

9. 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.

 

10. 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.

 

 

 

Repeated points removed.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...