Court Claim - Cabot / Capital One - 22-12-2015

[Kati]

Re: Hi and thanks

:bump: for [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Hi and thanks

:bump: for @nemesis45

Thanks [MENTION=49370]Kati[/MENTION] nemxx

[nemesis45]

Re: Hi and thanks

Okay this is what I've sent as my defence:

1: I received the claim xxxxxxx from the Northampton County Court dated 22/12/15

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5: On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement. That's OK

6. Restons has not sent this document to me.

7. On the 6^th January 2016 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

10. I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

12. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

That's fine Taff

nem

[taff]

Re: Hi and thanks

Thanks nemisis45.

While I'm sat here playing the waiting game - do you know where I stand with it becoming statute barred? The last payment was made on the 24th of Feb 2010.

If Cabot haven't supplied the documents by then will it be statute barred? Or is that not an option now that the claim has been made and responded to?

[taff]

Re: Hi and thanks

Okay received a letter from the Court yesterday saying they acknowledge the receipt of my defence, a copy is being served to Cabot and that they might attempt to contact me in an attempt to resolve the dispute.

It says if the dispute cannot be resolved informally then the claimaint will inform the court that he wishes to proceed and where he wishes to proceed, the claimaint must contact the court within 28 days after receiving a copy of my defence.

After that period has elapsed, the claim will be stayed.


Could someone explain exactly where this leaves me, particularly in regards to the 28 days and that I believe the debt is statute barred on the 24th Feb?

[Amethyst]

Re: Hi and thanks

Unfortunately statute barring clock stops when a claim is issued, so if you aren't stat barred at the point of the claim being made, it won't become stat barred ( unless the claimant discontinues in which case the clock picks up where it left off).

Nothing to do for the moment but wait to hear from the claimant/court xxxx

[taff]

Re: Hi and thanks

Thanks for the reply Amethyst - just to be clear, when you say the 'claimant discontinues' does that mean if they don't reply in 28 days, (and then for example I become stat barred on the 24th March) or do they have to actually state this in writing to me and/or the court?

[EXC]

Re: Hi and thanks

Thanks for the reply Amethyst - just to be clear, when you say the 'claimant discontinues' does that mean if they don't reply in 28 days, (and then for example I become stat barred on the 24th March) or do they have to actually state this in writing to me and/or the court?

She means if the claimant informs you & the court that they are discontinuing (withdrawing) the claim.

[taff]

Re: Hi and thanks

Hi again.
Yesterday I received the letter atatched below from Restons solicitors, dated the day previously (ie 23/2/16).

I still have heard nothing from Cabot financial at all.

With regards to proof of requesting evidence of a request to the creditor, I have the PO receipt for the recorded delivery and also the postal order, so I assume that is in my favour.

Wondering whether this is a standard reply from them or if what they say about me having my own copies of the documentation is correct?

As always advice on here is very much welcome and appreciated!

[taff]

Re: Hi and thanks

As ever I'd be so grateful for advice on what to do from here.

I also meant to ask in my above post about what kind of "further costs" continuing my defence would incur if I were to lose?

[taff]

Re: Hi and thanks

Sorry to keep bumping this! My 14 days are fast running out and I really don't know what the next step is....

So this is a desperate cry for help!

[taff]

Re: Hi and thanks

A last gasp effort - again sorry for bumping my own post.

[MIKE770]

Re: Hi and thanks

admin alerted

[Kati]

Re: Hi and thanks

:bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]??

[Amethyst]

Re: Hi and thanks

Afternoon xx Just having a read back....