Cabot/Mortimer claimform - old Capital One branded Luma Credit Card

[roland60]

Hi All

 

I was issued with a claim on 9th January which I acknowledged through MCOL, i need to file a defence soon and needed some advice, am I correct in saying that my defence is due by the 11th Feb? The following are the POCs:

 

 

 

date of issue - 9th January

 

POC

 

1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the defendant on or around 05/11/2012 ('the agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the defendant with a credit card.

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

The Agreement was assigned to the claimant.

3.THE CLAIMANT THEREFORE CLAIMS 5xx.xx

 

The total amount including court fees etc is £6xx.xx

 

Am I correct in sending a CCA request to the Claimant as I have no documents from them?

 

The answers to the questions you require are as follows:

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not to my memory

 

What is the value of the claim? £5xx.xx

 

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? After 2007 (2012 according to POCs)

 

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. Assigned to Cabot Financial (UK) Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to memory

Did you receive a Default Notice from the original creditor? Not to my memory

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? probably 2013 but cant be sure as this was long ago

 

What was the date of your last payment? Not sure

 

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 plan? No

 

 

Roland60

[dx100uk]

defence is due by Friday 4pm.

 

you should have sent CCA/CPR off the day after the claimform arrived roland

 

dx

[roland60]

Hi Dx

 

Oh ok.... I have been away for a family emergency and just getting this all sorted now.

 

I have no account number/ref number on the pocs, what shall i put on the CCA request to the claimant in this section?

 

The POCs are also so vague, not too sure what i need to add into the CPR request in the documents section ?.....

[dx100uk]

credit file tell you or your record its number?

[roland60]

Thanks Dx, will check and get the CCA and CPR requests out later today.

 

Regarding the CPR shall I just state 'documents mentioned in the POCs' as nothing specifically has been mentioned?

Edited February 8, 2018 by roland60

[dx100uk]

request them all

they only have a line in a spreadsheet and everything is automated hoping you will roll over wet yourself and agree to pay

[roland60]

thanks Dx, will get these requests sorted today.

 

I'll also get the Defence done today too and post it up later today.

Edited February 8, 2018 by roland60

[roland60]

Hi there, sent the CCA & CPR requests recorded delivery today.

 

I will need sone help with my defence as it's due tomorrow by 4pm, any help would be much appreciated, thanks.

 

Roland60

[dx100uk]

Lots here already use the search cat box of the top red toolbar

 

Cabot card claimform

[roland60]

Hi there, i have constructed my defence, would really appreciate if you could have a look over it and let me know if its ok..... thank you

 

 

1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the defendant on or around 05/11/2012 ('the agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the defendant with a credit card.

 

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

The Agreement was assigned to the claimant.

 

3.THE CLAIMANT THEREFORE CLAIMS 5xx.xx

 

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 Capital One Bank (Europe) Plc. 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 am unaware of any missed minimum payments and the alleged agreement being terminated.

 

4. Paragraph 3 is denied I am unaware of any alleged legal assignment or Notice of Assignment to the Claimant.

 

5. On the 7th January 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. 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.

[dx100uk]

I have inserted their poc

you need to align to those para no's

 

who are the solicitors too please

[roland60]

Hi Dx, thanks for checking it over. will align the paras accordingly and re-post.

 

The solicitors are Mortimer Clarke Solicitors.

[roland60]

Re-posting the Defence with the para changes, please do let me know if its ok.....thanks

 

 

1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the defendant on or around 05/11/2012 ('the agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the defendant with a credit card.

 

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

The Agreement was assigned to the claimant.

 

3.THE CLAIMANT THEREFORE CLAIMS 5xx.xx

 

 

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 Capital One Bank (Europe) Plc. 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 am unaware of any missed minimum payments and the alleged agreement being terminated, and I am unaware of any alleged legal assignment or Notice of Assignment to the Claimant.

 

4. Paragraph 3 is therefore denied the Defendant owing any monies to the Claimant.

5. On the 7th January 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. 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.

Edited February 8, 2018 by roland60

[dx100uk]

you cant say things like the claimant nor sols have failed to respond to your requests.

you've only just sent them...

 

simply refer you have sent them to gain further details or something

[roland60]

Thanks Dx, just made the changes:

 

1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the defendant on or around 05/11/2012 ('the agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the defendant with a credit card.

 

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

The Agreement was assigned to the claimant.

 

3.THE CLAIMANT THEREFORE CLAIMS 5xx.xx

 

 

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 Capital One Bank (Europe) Plc. 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 am unaware of any missed minimum payments and the alleged agreement being terminated, and I am unaware of any alleged legal assignment or Notice of Assignment to the Claimant.

 

4. Paragraph 3 is therefore denied with regards to the Defendant owing any monies to the Claimant.

5. On the 7th January 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 to gain further details.

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

[dx100uk]

2 remove ref to cpr

 

5 outline when to whom and by what method cca/CPR was sent.

 

7 AAL not any

[roland60]

Thanks Dx, please check further changes:

 

1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the defendant on or around 05/11/2012 ('the agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the defendant with a credit card.

 

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

The Agreement was assigned to the claimant.

 

3.THE CLAIMANT THEREFORE CLAIMS 5xx.xx

 

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. 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.

 

3. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc. 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.

 

4. Paragraph 2 is denied I am unaware of any missed minimum payments.the service of a valid Default Notice and the alleged agreement being terminated, and I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.

 

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

6. On the 7th January 2018 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Mortimer Clarke Solicitors Ltd and a Section 78 request the Claimant Cabot Financial (UK) Ltd to gain further details.

7. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide 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;

 

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, 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 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.

Edited February 9, 2018 by Andyorch
Edited

[roland60]

Hi there, if this is good to go (post 17) then i can submit it via MCOL tonight, thanks.

[dx100uk]

I would rather andyorch check it 1st please busy night for me

[roland60]

Hi Dx, thats fine, no probs, i'll wait for Andyorch, thank you so much for your help.

 

Roland60

[AndyOrch]

Defence edited and tweaked in post # 17

 

Regards

 

Andy

[roland60]

Hi Andyorch, thank you so much!

 

Roland60

[AndyOrch]

[roland60]

Hi there

I sent the Defence off to court via MCOL on Friday, quick question, do I need to put a hard copy in the post for the solicitors?

 

Roland60

[dx100uk]

nope

 

dx