received court claim - cabot/restons

[BLUEOTTER]

Hi All,

Trying to familiarise myself again with whats required, grateful for pointers please as i'm having to deal with a long standing claim. Well it was long standing but restons and cabot have got together and decided to issue a claim against me for a norther rock loan. I put the account into dispute many years ago (probably 7 at least) , not acknowledged it and certainly not paid anything for over 6 years.I believe its statute barred, cabot case seems to rest upon the fact that their interpretation of this is that its not statute barred as the account was placed into default 5 years and 9 months ago.
Can somebody please advise me of next steps, i've acknowledged service but need to prepare my defence. Do i need to request a statement of account from cabot or anything else ? been a while since i've had to do this and not sure of current/new procedures. I think they're trying it on and hoping for default action based on the date it went into default.
thank you

[BLUEOTTER]

Re: received court claim - cabot/restons

I have received a written reply (25th july) from cabot to my assertion that the account is statute barred and in the opinion of the person who wrote the letter they are satisfied that i remain liable for the outstanding balance. They have advised that if i maintain that i am not liable i must submit this as my defence with the courts. The date of claim issue was the 15th july, i made an online acknowledgment of service and time will soon be running short for me.

Strangely in their letter (25th july) i was advised " we have made the decision to hold any further litigation on this account for a further 30 days to allow you the time to send us the requested documentation "

I have checked with money claim on line and there's no mention of this...............would they be trying to obtain judgment by default and fooling me into thinking it is on hold while waiting for the submission date to pass ?

I kept all of my credit letters from many years ago and waiting for the day when they'll be buried with me but i can't find much connected with norther rock bar a couple of letters , one dated late 2009 and the most recent early 2010 advising me that i had missed contractual payments. My memory serves me correct i believe my last payment was in 2009 and therefore statute barred by limitations act( think thats right). They are asserting that its not as the account defaulted in late 2011 and the limitation period has not yet expired.

Reading forums on here it wouldn't be beyond them to make things up and present disingenuous information but i really need a pointer for a next step please if anybody can help.

All i have is a notice of assignment letter and a one page copy of the original cca dated 2002. I don't have a default letter or statement of account, nothing at all. I gather i will need these to prove the statute barred element but please do i put this on my claim defence section ? or ask cabots again ?

open to any advice please

[EXC]

Re: received court claim - cabot/restons

I'll ask [MENTION=87380]Diana M[/MENTION] and [MENTION=6]Amethyst[/MENTION] to take a look.

[MIKE770]

Re: received court claim - cabot/restons

they cannot if a claim has been made against you hold up court proceedure and they know it, like most others try and fool you to make a big mistake and believe them, your defence if no paperwork as per N1 form then you send CPR31.14 and request the items mentioned on the court form only, at this stage , also if not requested and received a CCA1974 request then make one with a £1,00 postal order CPR request is free

Check your dates || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter


I am sure as has been requested the above named will advise you here

[Diana M]

Re: received court claim - cabot/restons

If this was a loan when would it have expired if it had run its predicted length regardless of whether you were paying or not (i.e. the loan term in years/months) since that will be relevant to the Statute Barred issue. With loans it's not necessarily the last payment you made.

It would be wise to have other legal arguments pleaded in your Defence in case Cabot is right when they say they are relying on the default date.

If it was a loan then you should send a section 77 CCA Request to Cabot with a copy to Restons which you can attach to your CPR 31.14 Request.

Your Defence deadline is 33 days from the Claim Issue date.

In order to help can you post up or type out the Particulars of Claim removing anything which could identify you so it's clear what they are claiming and why they think they have the right to claim it.

Was this a standalone loan or was it part of a Northern Rock Together mortgage?

Di

[BLUEOTTER]

Re: received court claim - cabot/restons

If this was a loan when would it have expired if it had run its predicted length regardless of whether you were paying or not (i.e. the loan term in years/months) since that will be relevant to the Statute Barred issue. With loans it's not necessarily the last payment you made.

It would be wise to have other legal arguments pleaded in your Defence in case Cabot is right when they say they are relying on the default date.

If it was a loan then you should send a section 77 CCA Request to Cabot with a copy to Restons which you can attach to your CPR 31.14 Request.

Your Defence deadline is 33 days from the Claim Issue date.

In order to help can you post up or type out the Particulars of Claim removing anything which could identify you so it's clear what they are claiming and why they think they have the right to claim it.

Was this a standalone loan or was it part of a Northern Rock Together mortgage?

Di

Hi, thank you for the replies, have been quite unwell of late hence my own late reply so apologies for that.

I have written to them asking for the default notice and statement of account. I also enclosed a copy of a letter i received from norther rock circa late 2009 informing me of missed payments. I hope this will concentrate their minds and only today i received an email from cabot asking me to ring their litigation team, i politely declined and asked that they write to me.

The claim was issued on line 14th July and I made an AoS on 26th July so i gather i have until 15th August to lodge my defence ?
The particulars of the claim against a 10 year personal loan from 2002 are as follows.

" the Claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Northern Rock (Asset management) Plc dated on or about xxxx2002 and assigned to the claimant on xxxx2013 "

Thank you so much for the help here and grateful if you can advise me if there's something glaringly obvious i have missed.

[BLUEOTTER]

Re: received court claim - cabot/restons

Hi, would somebody be able to assist me here please ? I need to lodge an on line defence and grateful for a point in the right direction. I believe 100% that it's statute barred but was mentioned about loan term being past its closure date so does that have relevance as well ?

Just need some help in how to construct my defence and the way it should be presented. I don't have long and time is running out for me.
thank you

[charitynjw]

Re: received court claim - cabot/restons

Hi BLUEOTTER

Could you give us an approximate idea of how much is being claimed?

[warwick65]

Re: received court claim - cabot/restons

Hi

just to add, did you sent a S77 request as [MENTION=87380]Diana M[/MENTION] suggested.

How did you word the letter asking for the Default notice etc

There is still time to get these things sent if you did not - it is wise never to rely on just one line of defence when there could be many

In order for people to help you, as Diana M asked, could you type out the particulars of claim, word for word but omitting identifiable details

As [MENTION=5553]charitynjw[/MENTION] asked, just how much is the claim for - there are good reasons to ask , if it is over 10K it may go to the fast track where the loser pays the winners costs which means that if you win, your costs ( or a solicitors costs) will be paid and any solicitor worth their salt would advise if you had a reasonable defence

[BLUEOTTER]

Re: received court claim - cabot/restons

Hi

just to add, did you sent a S77 request as @Diana M suggested.

How did you word the letter asking for the Default notice etc

There is still time to get these things sent if you did not - it is wise never to rely on just one line of defence when there could be many

In order for people to help you, as Diana M asked, could you type out the particulars of claim, word for word but omitting identifiable details

As @charitynjw asked, just how much is the claim for - there are good reasons to ask , if it is over 10K it may go to the fast track where the loser pays the winners costs which means that if you win, your costs ( or a solicitors costs) will be paid and any solicitor worth their salt would advise if you had a reasonable defence

claim is for around £4K and I put particulars of claim in post above, at least I think that's what you're asking for. The default letter and statement of account were requested in a letter I sent last week advising them that I believed the account to be statute barred and it was for them to prove it wasn't. I enclosed a copy of a letter I received from northern rock circa late Nov 2009 advising of missed payments. It's my belief that I haven't made a payment since then or acknowledged the account since I put it into dispute early 2010.

i've not had a reply from cabots and nor do I expect one either, they're probably hoping for judgment by default especially as they advised me that they were putting the account on hold for 30 days and yet court claim is still ongoing. (Their 30 day hold would take me past the time I need to submit my defence which I still haven't done yet) .
i need to submit one by Monday latest .

[Amethyst]

Re: received court claim - cabot/restons

Not particularly meaty POC is it... probably why Warwick overlooked it.

" the Claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Northern Rock (Asset management) Plc dated on or about xxxx2002 and assigned to the claimant on xxxx2013 "

Starting point for defence (originally standalone £10k loan not part of a together mortgage, claim for £4k ) - || Example Defence ||

You should see from that why it is important to have sent a formal CCA request.

They don't mention much for a CPR 31.14 request - actually only the 'contract' in reality.

[BLUEOTTER]

Re: received court claim - cabot/restons

Not particularly meaty POC is it... probably why Warwick overlooked it.



Starting point for defence (originally standalone £10k loan not part of a together mortgage, claim for £4k ) - || Example Defence ||

You should see from that why it is important to have sent a formal CCA request.

They don't mention much for a CPR 31.14 request - actually only the 'contract' in reality.

thank you and i shall send the cpr request this morning, they've already been formally asked to produce the default letter and provide a statement of account. The defence will most likely rest entirely on it being statute barred, is there a form of words i can use for this aspect please ?

[warwick65]

Re: received court claim - cabot/restons

Hi

I am guessing the letter you sent asking for the DN and statement of account was just that and maybe not a 'formal' letter at all.

In your CPR request you could ask for the assignment as well as it is mentioned

You could consider making a part 18 request where you could ask formal questions such as
On what date was a default notice sent, what was the remedy date and amount

I can not stress enough the importance of sending a S77 request

I know you think it is SB but [MENTION=87380]Diana M[/MENTION] has given you some very good reasons why it would be foolish to just rely on that. This form has seen many a SB defence go belly up when it is realised that the cause of action is later than thought, or that some payment or acknowledgement was made. It may well be the case that the end date of the loan would be he cause of action

It is not for nothing that there is a recommended procedure

It would also be well worth your while sending a SAR to NRAM which would give you all the details such as the term of the loan, the date of the DN, the date of the assignment

[BLUEOTTER]

Re: received court claim - cabot/restons

The documents were requested formally in a letter so i would expect them to be acted upon but alas we're not dealing with normality here.
have sent my cpr requested recorded delivery and spoke to claims centre today and have until 16th august 17 to file my defence. They were quite interested to find out that i had been advised by claimant that litigation was being suspended (it hadn't) and said that needs to go into my defence as well.
I'm short of time and doubt whether i'll receive anything from cabot in which case is there any point in asking them for more information or just leave it to my defence ? i think i need to prepare a defence based on lack of documentation and also defending the statute barred element as well. i haven't done one before so just need some pointers for the right information to record in my defence, i'm grateful for advice provided to me. Without this site i would be pretty much on my own and with health problems being compounded its not a nice place to be in.

[Amethyst]

Re: received court claim - cabot/restons

There is an example here >| Example Defence which should give you a good starting point.