Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

[octet]

Received a claim? Yes
Issue Date: 2-12-2014
Amount approx: 4098.79
Claimant: Cabot Financial UK
Solicitor: Restons
Original Credit: Lloyds

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank - Credit Card date on or about February 20 2007 and assigned to the Claimant on July 18 2014 in the sum of 4098.79

Particulars ac no XXXXX

Date Item Value
12/11/2014 Default Balance 4098.79
Post Refr Cr Nil
Total 4098.79

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
The person I'm trying to help mentioned it had PPI on this credit card. Has never acknowledged the debt and could not afford to pay it anymore for few good years, so payments were stopped. Doesn't remember the exact date.

[nemesis45]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Hi Welcome.
A check of credit reference files will I believe help here it will reveal the default date which will give some indication when payments ceased.

Equifax & Experian have 30 day free trials (cancel once you have the report by phone and post or you will be signed up to a subscription) Noddle (Call Credit) is a free CRA site.

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Letters and documents:

1. CPR



2. CCA



3. AOS



4. RESPONSE TO CPR

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Hi Welcome.
A check of credit reference files will I believe help here it will reveal the default date which will give some indication when payments ceased.

Equifax & Experian have 30 day free trials (cancel once you have the report by phone and post or you will be signed up to a subscription) Noddle (Call Credit) is a free CRA site.

Hi,

Thanks for your reply!

Here is a copy from Noddle account:

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

As much as I want to help this guy, I have no clue what to do next. I've looked to the similar cases to get some ideas, but don't want to do anything wrong that may affect the case.

Do we now need to send a second letter to Restons Solicitors?

Thanks A LOT for your help and advice!

[Amethyst]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Well it doesn't appear it will be statute barred if he only defaulted in 2011.

It is a standard response from Restons so no need to worry about that. There is an example response to the CPR knock back here http://www.legalbeagles.info/forums/...385#post410385 The most important response will be the CCA letter response. CABOT will reply stating 40 days to provide this and they will put the account on hold. They won't so don't believe them. But before the defence is due you must speak with or email Restons regarding an extension to the Defence date - see http://www.legalbeagles.info/forums/...filing-defence - they either agree or don't but you might be as well to organise a defence based on the non compliance with the CCA request for the moment - http://www.legalbeagles.info/forums/...t-Court-Claims - other than that it is a case of seeing what documents are produced and going from there.

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Hi Amethyst, thanks a lot for your elaborate response!

So next step will be sending the 2nd letter to Restons Solicitors as bellow:

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Dear Sirs,


Claim Number: XXXXXX


Request for documents mentioned in a statement of case under CPR 31.14


Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.


I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.


If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.


I look forward to hearing from you within the next 7 days.


Yours sincerely

=====

Do we need to amend this letter as a custom reply to their letter? I have requested the CONTRACT and the ASSIGNMENT documents, they're mentioning the ASSIGNMENT document is not mentioned in the PARTICULARS OF CLAIM, but it is: "and assigned to the claimant on July 18th 2014". Should we mention this or anything else at all please?

Thanks a lot!

[Amethyst]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Yes of course, amend any letter examples to suit the letters you are responding to and your own circumstances. xx

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Sorry to be a pain! Please can you help us drafting this reply letter to Restons Solicitors if you have some spare time at all?

Their reply to our first CPR letter is in my previous posts.

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Also, am I right that the date to file the Defence by is Sunday, January 4, 2015 considering the Claim issue date was 2nd of Demceber 2014?

[Amethyst]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Has your friend already reclaimed the PPI on this card ?



Dear xxxxxxxxx

Claim xxxxxxxxxxxxxx

Ref: Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your client's statement of case under CPR 31.14 indicating that you are unable to provide me with a copy of the contract or assignment mentioned on which you intend to rely in this case. The account your client is claiming appears to be a Credit Card account held with Lloyds, based on a contract between Lloyds and myself. I understand you believe I would have had a copy of the contract at the inception of the account however this does appear to have been over 7 years ago and I do not recall having a copy and do not have a copy in my records.

In addition to reasonably asking for a copy of this contract under CPR 31.14 I have also requested a copy formally under s. 78(1) of the Consumer Credit Act 1974 directly from your clients as they claim to be the creditor for the purposes of the Act by way of assignment. They have not yet responded to me, and of course they are unable to enforce the debt whilst they are in default of my request.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt other than what is stated in your vague particulars, therefore I would ask that you ask your clients to agree to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5 and confirm this to me as soon as possible so I may inform the court in writing. This will allow a further 28 days for your client to get their house in order and produce the documents prior to my filing a defence against their claim.

I do feel your client should have had these documents to hand before bringing any such claim against me. However I look forward to hearing from you so we can bring this to as quick a conclusion as possible,

With best wishes for the festive season,


xxxxxxxxxxxxxx

[Amethyst]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Also, am I right that the date to file the Defence by is Sunday, January 4, 2015 considering the Claim issue date was 2nd of Demceber 2014?

Sounds about right yes, issue date plus 33 days xx

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Has your friend already reclaimed the PPI on this card ?



Dear xxxxxxxxx

Claim xxxxxxxxxxxxxx

Ref: Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your client's statement of case under CPR 31.14 indicating that you are unable to provide me with a copy of the contract or assignment mentioned on which you intend to rely in this case. The account your client is claiming appears to be a Credit Card account held with Lloyds, based on a contract between Lloyds and myself. I understand you believe I would have had a copy of the contract at the inception of the account however this does appear to have been over 7 years ago and I do not recall having a copy and do not have a copy in my records.

In addition to reasonably asking for a copy of this contract under CPR 31.14 I have also requested a copy formally under s. 78(1) of the Consumer Credit Act 1974 directly from your clients as they claim to be the creditor for the purposes of the Act by way of assignment. They have not yet responded to me, and of course they are unable to enforce the debt whilst they are in default of my request.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt other than what is stated in your vague particulars, therefore I would ask that you ask your clients to agree to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5 and confirm this to me as soon as possible so I may inform the court in writing. This will allow a further 28 days for your client to get their house in order and produce the documents prior to my filing a defence against their claim.

I do feel your client should have had these documents to hand before bringing any such claim against me. However I look forward to hearing from you so we can bring this to as quick a conclusion as possible,

With best wishes for the festive season,


xxxxxxxxxxxxxx

Thanks a lot!!!

No, he said he never claimed PPI from this credit card. Is that good or bad?

[Amethyst]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Good. If it comes to it he can defend the PPI portion of the debt.

He should get a claim in to the original lender then the FOS for the PPI separately to the court action now anyway

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

The most important response will be the CCA letter response. CABOT will reply stating 40 days to provide this and they will put the account on hold. They won't so don't believe them. But before the defence is due you must speak with or email Restons regarding an extension to the Defence date - see http://www.legalbeagles.info/forums/...filing-defence - they either agree or don't but you might be as well to organise a defence based on the non compliance with the CCA request for the moment - http://www.legalbeagles.info/forums/...t-Court-Claims - other than that it is a case of seeing what documents are produced and going from there.

Emailed them at enquiries@restons...

=====

Dear Sirs,


Claim Number: XXXXXX - Cabot Financial UK Ltd v XXXXXX


You will be aware that I have requested further information from you regarding your clients claim No XXXXXX relating to a debt allegedly previously owed to Lloyds Bank.


As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.


If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.


Considering the current deadline for submission is the 04 January 2015 I would appreciate a response by return.


Kind regards


xxxx

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