Cabot/Restons

[jsstar]

Hello,

Hoping for some help having received a claim form earlier today.

Some background - I received a Letter Before Claim April 22 and sent off the standard reply asking for a copy of the CCA etc... I heard nothing until 9th June 23 where they supplied a default notice and notice of assignment which seemed correct but a CCA with no APR rates, no name/address or credit limit (HSBC Credit Card). I assumed they would not continue to pursue this based on the lacking CCA.

Anyway they have and reading the helpful first steps have compiled the below;

Received a claim? Yes/No: YES
Issue Date: 17th July 2023
Have you Acknowledged the Claim?: Will do today via moneyclaim
Total Amount Claimed : £1200
Claimant’s Name: Cabot Financial Ltd
Solicitors Firm: Restons
Original Creditor: HSBC
Original Debt: Credit Card
Particulars of Claim: This claim against the defendant is for the overdue balance , arisen under a contract between the defendant and HSBC, with account no xxxxxxx, dated on or around May 24 2016, assigned to the named claimant on Feb 11 2020, notice of which has been given to the defendant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the claimant. The named claimant therefore claims 1. xxxx 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Believe the debt will become statue barred next year based on default notice sent.
List any letters you have sent (eg: CCA/ CPR ): Just response to LBC last year.
Any Other Information or Background Details: As above.

I assume I will have to defend this now a claim has been started - even though Cabot have failed to provide the correct CCA as asked for at LBC stage.

Thanks in advance for any help offered!

[MIKE770]

echat11

[echat11]

A) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary, as your Defence needs to be in within the 28 days.

B) Send a 31.14 request to the Restons on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

C) Send a CCA request to HSBC, they have 12 days to provide a copy of the agreement, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

D) Send a SAR to HSBC, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

You need to lodge your Defence with the Court and their solicitor within 28 days (although you have 5 days for postal). Do not forget.

Update the thread when you get the requested information, but 5 days before your Defence is due.

Yes, you will have to defend the claim. I know you've already sent a CCA, but send another as they've lodged a claim.

[jsstar]

echat11 Thanks for the post.

All completed and will update the thread as I hear back, but certainly before filing the defence.

[jsstar]

Received a reply via email from Restons today which should be attached.

Whats the best course of action now, I assume this is a standard response from them?

Nothing from Cabot or HSBC yet.

Thanks in advance.

[echat11]

Received a reply via email from Restons today which should be attached.

Whats the best course of action now, I assume this is a standard response from them?

Nothing from Cabot or HSBC yet.

Thanks in advance.

It's standard, they'll only send what's stated in the Particulars of Claim.

[jsstar]

echat11 Thanks for coming back.

Should I reply to Restons? Are they not under obligation to supply the contract mentioned in the particulars or is that essentially the CCA which I’ve requested from Cabot.

[echat11]

echat11 Thanks for coming back.

Should I reply to Restons? Are they not under obligation to supply the contract mentioned in the particulars or is that essentially the CCA which I’ve requested from Cabot.

You should get a CCA Agreement for the CPR request and also for the CCA Request. So that's 2 copies. There's no need to reply to Reston's.

[jsstar]

Just to update in advance of pulling together a defence.

I have had a letter back from Cabot basically saying they don’t have the CCA but will request it from the original lender.

They add ‘this may take some time’. They said they’d write with an update within 12 days but this deadline has passed with todays post.

What’s the best next steps now? Defence is due in roughly a week.

[echat11]

Below is an example Defence, you've got the details you need, have a go, copy and paste it back onto this thread without personal details, so you can file it with the Court and the Claimants solicitors a.s.a p. I can check it for you.

The email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt.

In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.

Below is an example Defence, if you have a go, copy and paste back to ths thread without personal details, then I can take a look.

https://legalbeagles.info/library/gu...-court-claims/

Try to get it done today.

[MIKE770]

On such. Date requested CCA to date not received. Putin defence no cha

[jsstar]

Thanks - draft defence below.

I removed the section on default notice as they did supply this before issuing the claim form.

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]
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.It is admitted that the Defendant has previously entered into an agreement with HSBC for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim states the agreement was entered into on 24/05/2016
7.The Claimants statement of case states that the account was assigned from HSBC to Cabot Financial on 11/02/2020. The Defendant does not recall receiving notice of this assignment.
8.On the 21/07/23 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Agreement.
9. Restons has not sent any of these documents to the Defendant.
10.On the 21/07/23 The Defendant 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. To date no agreement has been supplied.
11.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.
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.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
14.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
15.It is denied that the Claimant is entitled to the relief as claimed or at all.

[echat11]

1. The Defendant received the claim XXXXXXXXXX from the XXXXXXXXXX County Court on XXXXXXXXXX.

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. It is admitted that the Defendant has previously entered into an agreement with HSBC for provision of credit.

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

6. The Claimant’s Particulars of Claim states the agreement was entered into on 24/05/2016.

7. The Claimants statement of case states that the account was assigned from HSBC to Cabot Financial on 11/02/2020. The Defendant does not recall receiving notice of this assignment.

8. It is denied that HSBC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9. On the 21/07/23 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of the Agreement, Default Notice and Letter of Assignment.

10. Restons has not sent any of these documents to the Defendant.

11. On the 21/07/23 The Defendant 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. To date no agreement has been supplied.

12. 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.

13. 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.

14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

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

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

[jsstar]

Thanks - will get that sent over the courts with declaration etc.

Restons have been sending back all correspondence via email. Should I file my defence with them via email too or best to send off in the post?

[echat11]

Thanks - will get that sent over the courts with declaration etc.

Restons have been sending back all correspondence via email. Should I file my defence with them via email too or best to send off in the post?

Best to post it to Restons, make sure you get Proof of Postage.