County Claim Form / Cabot

[Amethyst]

Rest

[dylan]

Good Morning

I have received the following letter 3/10 from Cabot dated 28/9 in response to the CCA request dated 18/9 registered post which they may not have received until 22/9 (weekend post?)

"Unfortunately we do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time but we will write to you within the next 12 days with an update".

Do I sit this out? Are they allowed this extra time?

[MIKE770]

yes but cannot enforce without one, by the way sent Registered delivery (not Recorded Delivery) Royal mail love you more un earnt profits, send recorded delivery letters unless Real Legal documents>

[Amethyst]

You can start putting the defence together as that will want to go in before the court deadline whether or not they provide the agreement.

With all the communicatuons regarding the account settlements you'd have expected them to already hold such documents - I'm constantly unsurprised that they don't bother until they absolutely have to.

Im going to tag pt2537 see if he has any thoughts over the settlement issue. Basically, a settlement offer was discussed by phone and confirmed in writing - however the letters were wrong ( and known by settlor to be wrong ) but taken advantage of and paid immediately. So the £14k debt (subject of this claim) was paid off in f&f at £80 odd. Letters a couple posts up.

[pt2537]

Im going to tag pt2537 see if he has any thoughts over the settlement issue. Basically, a settlement offer was discussed by phone and confirmed in writing - however the letters were wrong ( and known by settlor to be wrong ) but taken advantage of and paid immediately. So the £14k debt (subject of this claim) was paid off in f&f at £80 odd. Letters a couple posts up.

Ok how do we know the amounts were wrong, i understand that they may not have been as agreed over the phone but that doesnt automatically mean they are wrong. Id really need to see the letters and would need to know exactly what was discussed, what was agreed and would need the background to the case in full before i could draw any firm conclusions

Just one question, who paid the £80? was it you or a third party?

[Amethyst]

http://legalbeagles.info/forums/file...tch?id=1424905
is the settlement letter xx

paid by bacs

[dylan]

Well, time has passed and I received this letter. Can I now assume there will never be any legal action on this case? What can I do now apart from resend my letter saying paid in full?

[dylan]

Sorry forgot to attach!

[dylan]

Hello - I am writing this as I dont know whether my post 22 and 23 have been viewed.

[dylan]

I am not technically minded. I posted something a couple of days ago, but its not showing on this thread but is on some other thread that is related to this? I thought I only had one conversation going; takes very little to confuse me.

[Amethyst]

Okay the letter just says they don't have the documents so the debt is temporarily unenforceable. Reading thread back to see exactly where you are with it

[Amethyst]

Have you entered a defence at all ? You received the claim around Sept 20th so your defence should have gone in about 20th October. Although Cabot are the Claimant, Mortimer Clarke are dealing with the case, and they don't necessarily communicate all that well. So tomorrow you will need to check with the court that the claimant hasn't asked for a default judgment and then, if not, file a defence asap.

Defence will be f&f settlement in Feb 2016 plus the lack of documents under the CCA. Starting point for personalisation here ->
Example Defence

Posts are in the right place, they're just on the second page of the thread xxx

[dylan]

Okay the letter just says they don't have the documents so the debt is temporarily unenforceable. Reading thread back to see exactly where you are with it

I have amended the claim form. Would you review it for me please? I have looked at others and they are more emotional and timelined. Should I be doing this? Is this too formal and are there any paragraphs (a) I shouldnt have omitted or (b) I should omit? Thank you. I will contact court this morning. I made an error as I 'assumed' their letter meant they could not proceed. Stupid sorry.



REMOVED

[MIKE770]

you have left claim Number on statement

[Amethyst]

Removed it.


Amended slightly ( the evidence documents will wait for witness statements )


In the Northampton County Court Business Centre
Claim No: xxxxxxxxxxxxx

Cabot Financial (UK) Limited
Claimant
And


Defendant




DEFENCE

1. I received the claim [xxxxxx] from the County Court Business Centre, Northampton County Court on 11^th September, issued 6^th September 2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the defendant has previously entered into an agreement with Lloyds for provision of credit.
5. It is my contention that any debt owed to Lloyds Bank was settled by way of a full & final settlement on 26 February 2016 following an offer received from the Claimant. In addition the Claimant has failed to comply with section 77(1) Consumer Credit Act 1974.
6. The Claimants statement of case states that the account was assigned from Lloyds to Cabot but no documented proof has been provided.
7. On the18^th September I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors and requested the Claimant provide copies of the Agreement.
8. Mortimer Clarke has not sent this document to me.
9. On the 18^th September 2018I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. The Claimant responded in a letter dated 8th October 2018 and stated " Your Credit Agreement is unenforceable until we are able to reply to your request. This means we are not permitted to obtain and judgment or decree against you in Court".
11. The Claimant has failed to comply with s77(1) Consumer Credit Act 1974 and by virtue of s77(4) Consumer Credit Act 1974 cannot enforce the agreement.
12. 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.
13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
14. 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.
Signed ________________________________
Dated ________________________________