Cabot/restons Claim form - old vanquis card debt

[dave466]

It has a witness statement attached and asks

1. To lift the stay and

2. To strike out the defence pursuant to cpr3.4(2) of the civilprocefure rules on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the court process, and

3. Enter judgement for the sum of £1653.79

 

They want it dealt without a hearing

[renegadeimp]

of course they want it without a hearing.     Ill give you a free guess why,

[dave466]

Cost them more for a solicitor 

[renegadeimp]

And the fact that they know they dont stand a chance in hell at winning, so they dont want to stand in front of a judge and explain things. Cabot and restons always want to get a default judgement. They dont enforce legit debts.

[dave466]

Wouldn't they have had to pay though for the n224?

Just wondering why they would be willing to spend money again on it

[AndyOrch]

Its £100 without hearing and £255 with a hearing...the court will insist on a hearing for this type of application lift the Stay/Strike Out /Summary Judgment.

 

You need to gen up on CPR 24.....this application is separate to the actual court process...a bit like a kangaroo court ...judgment without trial...unless you get your statement in response submitted on time and deals with every point raised in their witness statement.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

[dx100uk]

On ‎18‎/‎03‎/‎2019 at 01:56, dx100uk said:

cant deal with photos then made to PDF.

you cant shrink them.

go buy a scanner soon..

 

I want the docs not a link

but never mind

 

use the handcuff [link] in the icons above these msg boxes

and insert the links

 

 

 no good sending me pdfs made from photos that are each several MB in size individually

 

if you have onedrive or google drive simple post the links here using the handcuff link 

[dave466]

https://onedrive.live.com/?authkey=!ABKir-r78Bzc0mo&cid=5993A028B5D03069&id=5993A028B5D03069!247&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!AE-BdP72EhzFWzw&cid=5993A028B5D03069&id=5993A028B5D03069!248&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!APwkFR4ZkJWFfkw&cid=5993A028B5D03069&id=5993A028B5D03069!251&parId=5993A028B5D03069!191&o=OneUp

 

 https://onedrive.live.com/?authkey=!AN2Ec1bA69cH-7U&cid=5993A028B5D03069&id=5993A028B5D03069!252&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!AK69oi2F274C3zM&cid=5993A028B5D03069&id=5993A028B5D03069!253&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!AI1H-07gX-QPCxg&cid=5993A028B5D03069&id=5993A028B5D03069!254&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!ACyuf-hj2EwTNU8&cid=5993A028B5D03069&id=5993A028B5D03069!255&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!ALoEAkxiY_A0VFk&cid=5993A028B5D03069&id=5993A028B5D03069!256&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!ALC_6giwHC1YJOI&cid=5993A028B5D03069&id=5993A028B5D03069!257&parId=5993A028B5D03069!191&o=OneUp

 

https://onedrive.live.com/?authkey=!AGwro9HvOPthrNg&cid=5993A028B5D03069&id=5993A028B5D03069!258&parId=5993A028B5D03069!191&o=OneUp

 

Hope this is correct. 

Regards.

Edited March 19, 2019 by dave466

[dave466]

Today I have recieved notice of transfer of proceedings.

Stating that the claim has been transferred to my local court to delay with the claimants application for strike defence and summary judgement.

[AndyOrch]

Post up when you get a hearing date Dave

[dave466]

I will do Andy thanks.

Also I have read up on cpr 24 and to be honest I haven't got a clue what it means 

[dave466]

Got a hearing date of 2nd may 2019 at 3pm with 40 minutes set aside for it. 

Regards.

[AndyOrch]

Plenty of time to prepare your statement ...start having a look at examples in the this and the Success Forum and get an idea of form and content layout etc..

 

Andy

[dave466]

I've just gotten back from 2 weeks away again and will get this statement done and posted this week.

 

I have been looking at other witness statements etc and understand the layout.

 

BUT I am not too sure exactly what I am disputing now as the 92 page witness statement they have sent seems to show what I had asked them for.

Regards. 

 

Am I correct in thinking that my only leg to stand on is that the copy of the cca that they have sent me only has my printed name, no address, no credit card number and not even an agreement number?

Regards

[dx100uk]

so is a copy n paste jobbie

[dave466]

https://onedrive.live.com/?authkey=!APwkFR4ZkJWFfkw&cid=5993A028B5D03069&id=5993A028B5D03069!251&parId=5993A028B5D03069!191&o=OneUp

Looks like it mate to me mate but no expert.

Hopefully that link will work.

If not I will go buy a scanner tomorrow.

 

[dave466]

Any help guys. I think I've missed my cut off now have I.

Thanks

Edited April 26, 2019 by dave466

[dave466]

Claim No. xxxx

BETWEEN:
xxxx

AND

Defendant
xxxx
_________________________________________

WITNESS STATEMENT OF xxxx
_________________________________________



I xxxxx, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence dated 12 October 2018 and in response to the claimants claim dated 10 September 2018 which was submitted through county court bulk centre.

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

3.Background

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and provident. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant. 

I requested:-

A copy of the original agreement
A copy of the terms and conditions as applicable at the time of the agreement
A copy of the Default Notice/ termination notice
A copy of the legal deed/notice of assignment showing the claimants legal right to take action

4.Disclosures

The claimant has since complied and disclosed various documents however:

the credit agreement they have supplied seems to be generic with no details of account number nor address to which it relates too.
This could just have been made up anytime at any point by anyone.

Statement of Truth

I, xxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: xxxx

Dated: 25th April 2019

[AndyOrch]

Not at all , email the Claimants Sol a copy and possibly email your local county court a copy or drop it in.

 

Could do with a few tweaks though as this is an application to strike out your defence and separate to the normal process.

 

Add to your intro.....remove your existing

 

I ******, being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated 11/08/2016 pursuant to CPR 24.5 (1) a&b.

And to your closing paragraph......

 

5.Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgment is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

 

Regards

 

Andy


 

 

Andy

[dave466]

In the XXXXXXX county court



Claim No. ***********

BETWEEN:
Claimant

AND
Defendant
************

_________________________ ________

WITNESS STATEMENT OF **********
_________________________ ________



I ******, being the Defendant in this case will state as follows;
I make this Witness Statement to oppose the claimants application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated 10/09/2018 pursuant to CPR 24.5 (1) a&b.

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

3. Background
Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and provident.
On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant. 

I requested:-

A copy of the original agreement
A copy of the terms and conditions as applicable at the time of the agreement
A copy of the Default Notice/ termination notice
A copy of the legal deed/notice of assignment showing your right to take action

4.The claimant has so far failed to comply with my request.
I can only assume as this was due to the claimant not having any of the above mentioned documentation and issuing a claim in hope of an undefended default judgment.

 

5.Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

6.Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgment is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

 

It is therefore respectfully requested that the court dismiss this application.

Statement of Truth

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: _________________________ _______

Dated: ___________________

[AndyOrch]

Edited above added point 6  as the conclusion as advised

[Peterbard]

I would leave the bit about the assignee just paying a small sum for the agreement. I have heard about several remarks made about the debtor not accepting responsibility and blaming it on.XYZ.

No point in antagonising him/her. Strictly speaking, it is irrelevant as the debtor is not being asked to repay more than he owes. Just my opinion.

[dave466]

I've dropped a copy into my local court.

Is the email address to send to lowell the one on the directions questionnaire?

[email protected]

Regards.

 

Sorry should it go to cabot or restons email in the witness statement.

[dx100uk]

restons ....but don't use email

gives them a freeway to abuse you and the court system.

 

1st class with free proof of postign in the morning will be ok

[dave466]

Thanks dx will send first thing.