Cabot/Mortimer claimform - old Capital One debt

[dx100uk]

you put the claimform ref number on the CPR

 

on the cca request you put the 16 digit card number

[macker16]

Correction its on the CCA request that i'm adding it on

[macker16]

I dont have a 16 digit card number on the paperwork - only the court claim number.

[dx100uk]

look at your credit file then or some form of letter you originally had from the original creditor

[macker16]

I've just looked at my credit report and it only shows the last 4 numbers.

[macker16]

Hi

 

I have now received the following reply from Mortimera

 

We acknowledge your request for documentation pursuant to CPR 31.14.

 

We confirm we have requested copies of the original agreement and other relevant documents relating to this debt from our client and will forward these to you upon receipt.

 

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure is evidence during the course of proceedings.

 

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

 

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

 

I have no documents that I can find, do I need to respond to them or should I wait and see what they send?

 

Many thanks for any advice

 

Macker16

[Old Cogger]

not your problem it is theirs sit on your hands, standard rubbish response from them the ball is in their court for now

[dx100uk]

Did you send that CCA

[macker16]

Hi

 

I did send the CCA request and as yet have heard nothing back. I won't respond to Mortimer and see what they come back with.

[dx100uk]

ok just checking

you really should be reading as many other claimform threads as you can to get upto speed

 

cant see that you've read any other threads unless you are doing this whilst not logged in

[macker16]

I only login when I post,

 

I will be posting my defence in the next few days.

 

I haven't done it before now as I wanted to give them some time to come back with some documentation

but it looks like they've not got a lot and therefore can't prove they own the debt.

 

Isn't that what they are suppose to be able to do. ....

 

.prove that they own the debt and to do that they would have all the documents I've asked for?

 

Macker16

[dx100uk]

well you don't want them too do you think about it.

 

there are lots of card defence here

post it up 1st for checking.

 

due by 4pm 17th

[macker16]

Hi, can someone have a look over my defence please. As yet still no information received back from claimant or solicitors.

 

Particulars of Claim

 

1.By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around the 29/07/2014 (the Agreement) CAPITAL ONE BANK (EUR OPE) PLC agreed to issue the Defendant with a credit card.

 

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

 

3. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £316.82

 

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

 

2. Paragraph 1 is noted, the Defendant is unable to confirm if this an account once held with Capital One as no account number has been documented.

 

3. The Defendant denies owing any monies to the Claimant. The Claimant has failed to produce any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of Section 78 request.

 

4. The Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received.

 

5. 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 Sections 136 of the Law of Property Act and Section 82A of the consumer credit act 1974.

 

6. On the 27 December 2017 I made a legal request by way of section 78 to the Claimant. The Claimant has not yet produced the requested documents, therefore I am unable to fully defend this claim.

 

7. As per Civil Procedure Rule 16.5 (4) it is expected that the claimant prove the allegation that money the is owed and evidence any breach by way of notice of notice of default notice or sums in arrears.

 

Therefore the Claimant is put the 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

 

8. By way reason of the facts set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

Thank you for any advice given.

 

Macker16

[AndyOrch]

Particulars broken down into paragraphs and numbered...you defence should respond to each paragraph.

 

 

Andy

[macker16]

Thanks Andy,will this be ok to now upload?

[AndyOrch]

Well no...you have only responded to paragraph 1 and 3 ish......what about para 2?

 

You must start each response with Paragrah 1/2/3 is denied/admitted or accepted or noted.......etc etc

[macker16]

I understand now, I'll make the changes and repost soon.

 

Many thanks

Edited March 20, 2018 by dx100uk
quote

[macker16]

Hi

 

Few changes made, is this now acceptable to upload?

 

Particulars of Claim

 

1.By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around the 29/07/2014 (the Agreement) CAPITAL ONE BANK (EUR OPE) PLC agreed to issue the Defendant with a credit card.

 

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

 

3. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £316.82

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

 

2. Paragraph 1 is noted, the Defendant is unable to confirm if this is an account once held with Capital One as no account number has been documented and have therefore requested clarification by way of CPR 31.14 and section78 request.

 

3 .Paragraph 2 is denied as the defendant is not aware of what agreement the claimant purports to rely on. The defendant has requested copies of the documentation relied upon by way of a CPR 31.14 request dated 27 December 2017. The Claimant has failed to produce any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of Section 78 request. The Defendant denies owing any monies to the Claimant.

 

4. Paragraph 3 is denied. The Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received.

 

5. 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 Sections 136 of the Law of Property Act and Section 82A of the consumer credit act 1974.

 

6. On the 27 December 2017 I made a legal request by way of section 78 to the Claimant. The Claimant has not yet produced the requested documents, therefore I am unable to fully defend this claim.

 

7. As per Civil Procedure Rule 16.5 (4) it is expected that the claimant prove the allegation that money is owed and evidence any breach by way of notice of notice of default notice or sums in arrears.

 

Therefore the Claimant is put the strict proof to:

 

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

(b) show and evidence the nature of 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

 

8. By way reason of the facts set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

Thanks for looking

Macker16

[AndyOrch]

Just the one addition in red (b) show and evidence the nature of breach and service of a valid Default Notice.

 

Did you not receive any Pre Action Protocol notice before receipt of this claim ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[AndyOrch]

If not you should copy and paste the following after your point 1 and renumber......

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

[macker16]

Morning Andy

 

I didn't receive any of that information prior to the claim. I'll copy and paste it and then repost for hopefully a thumbs up that it's ok to go. ☺

 

Macker16

Edited March 20, 2018 by dx100uk
quote

[AndyOrch]

Hi

 

Few changes made, is this now acceptable to upload?

 

Particulars of Claim

 

1.By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around the 29/07/2014 (the Agreement) CAPITAL ONE BANK (EUR OPE) PLC agreed to issue the Defendant with a credit card.

 

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

 

3. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £316.82

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

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

 

3. Paragraph 1 is noted, the Defendant is unable to confirm if this is an account once held with Capital One as no account number has been documented and have therefore requested clarification by way of CPR 31.14 and section78 request.

 

4 .Paragraph 2 is denied as the defendant is not aware of what agreement the claimant purports to rely on. The defendant has requested copies of the documentation relied upon by way of a CPR 31.14 request dated 27 December 2017. The Claimant has failed to produce any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of Section 78 request. The Defendant denies owing any monies to the Claimant.

 

5. Paragraph 3 is denied. The Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received.

 

6. 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 Sections 136 of the Law of Property Act and Section 82A of the consumer credit act 1974.

 

7. On the 27 December 2017 I made a legal request by way of section 78 to the Claimant. The Claimant has not yet produced the requested documents, therefore I am unable to fully defend this claim.

 

8. As per Civil Procedure Rule 16.5 (4) it is expected that the claimant prove the allegation that money is owed and evidence any breach by way of notice of notice of default notice or sums in arrears.

 

Therefore the Claimant is put the strict proof to:

 

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

(b) show and evidence the nature of 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

 

9. By way reason of the facts set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

 

Amended

[macker16]

Thank you so much Andy, do i need to send a copy to the Claimant or the Solicitors?

 

Macker16

[dx100uk]

no just file on mcol website

[macker16]

Hi

 

Just to update you that this claim has now been stayed.

 

I contacted Northampton Court as I hadn't heard anything since they confirmed they had received my defence and was pleased to then be told the claim has been stayed.......will wait and see if anything else happens.

Edited March 20, 2018 by dx100uk
quote