Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

[shadow2014]

Received a claim? Yes
Issue Date: 15-9-2014
Amount approx: 452.86
Claimant: Cabot Financial (UK) Limited
Solicitor: Mortimer Clarke
Original Credit: Shoe Tailor

Particulars of Claim:
By an agreement between JD Williams T/A Shoe
Tailor
("SHT") & the Defendant dated 27/11/2007
("the Agreement") SHT agreed to issue the
Defendant with a credit account upon the term
s
& conditions set out therein. In breach of
the Agreement the Defendant failed to make
the minimum payments Due & the Agreement was
terminated. The agreement was
assigned to the Claimant on
26/06/2012. The Claimant has complied with
Sections III & IV of Practice Direction
- Pre-Action conduct.
THE CLAIMANT THEREFORE CLAIMS:
1. 452.86

Stat Barred? No

Have sent:

Other Info:
I believe the last payments would of been late 2008/ early 2009 and it was all paid of. I don't think I owe them any money

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Please does anyone have any advice, I really don't know what to do.
I have looked around the site (which is great by the way) and it looks like I should send a CCA to Cabot which is my credit agreement what they should have?
And I need to log in to the court site to acknowledge it? does that mean to acknowledge the letter, not the actual debt?

Sorry for all the questions
x

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

I have acknowledged the claim today and will be posting the CCA and CPR 31.14 letters today

There was a box to tick that said - I intend to contest jurisdiction
I did not tick this box, because I didn't really know what it means.

The claim was issued on the 15/09/2014 and I have 28 days to file a defence
Does that mean I have until the 12/10/2014

I have no idea how this works and would appreciate any help

Thank you
Emma x

[Kafka]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

After the issue date you have 5 days allowed for date of service, when you are deemed to have received it by. The 28 days count from then providing you have said you will defend.

CCA request (with £1 fee) goes to Cabot and CPR request to MC. In the CPr request you can ask for disclosure of the items referred to in the POC, relating to the agreement, default and assignment.

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

I have received a letter from Mortimer Clarke Solicitors which says
Further to your letter, we are taking our client's instructions in relation to your request and will come back to you as soon as we can.
We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement

So do I write to the court now letting them know and should I enclose the letter from Mortimer Clarke

The claim was issued on the 15th Sep and then I have 5 days allowed for date of service and then 28 days to file a defence, so does that take it to the 17th Oct?
And now with 28 extra days does that now take it to the 13th Nov?

I have also received a letter from Cabot saying they currently don't have this information on file and have requested the relevant information from the original lender. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again

I would be grateful for any help anyone could give me
Thanks x

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

:tinysmile_cry_t:

[hairbear]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Hi Shadow
I'm dealing with Mortimer clarke aswell and have just received the same letter.
If you look at the post by Football girl you will see Amethyst response.

to work out your dates use http://www.timeanddate.com/date/dateadd.html

then email a letter to the court
ccbcdefendants@hmcts.gsi.gov.uk





I used template supplied by the Amethyst




SUBJECT: xxxCLAIMANTxxx v xxxDEFENDANTxxx CASE NO: XXXXXX
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to xxx Date xxx
Kind regards

xxxxxxxxx
Defendant


I also attached to the email a scaned copy of the letter from Mortimer Clarke but I'm not sure if this is really needed.

Your date for filing a defence sounds about right

Hope this helps, if you hear anything please post .
ps no late nights on the computer a good nights sleep is the best medicine and no more sad smilies :tinysmile_twink_t2:

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Thanks for that, that was a great help

I have just sent the email, I don't have a scanner so I couldn't attach a copy of the letter from Mortimer Clarke

and good luck with your claim x

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Hi

Can anyone help me with what to put to file my defence, its due by the 13th and I've had nothing else back from Cabot or Mortimer Clarke

Thanks x

[Amethyst]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

So you have still had nothing else ?


This is an EXAMPLE defence just to give you an idea and get you started. Defences need to be personal to your own circumstances so have a draft and post up and bump someone to come check it over and suggest any amendments needed. http://www.legalbeagles.info/forums/...t-Court-Claims

You need to add in about having agreed an extension to allow them time to get their house in order but they still haven't bothered their arses.

Your main point is the lack of a credit agreement I think.

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Thanks for that

should I leave out number 5 and does number 12 look ok

1: I received the claim AXXXXXXX from the Northampton County Court on 15 September 2014

2: This claim appears to be for a Catalogue Accountagreement regulated under the Consumer Credit Act 1974.

3: It is admitted that the Defendant has previously entered into an agreementwith JD Williams T/A Shoe Tailorfor provision of credit.
4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

(It does say a agreement was entered into on the 27/11/2007)


6. The Claimants statement of case states that the account was assigned from JD Williams T/A Shoe Tailor to Cabot Financial (UK) Limitedon 26/06/2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that JD Williams T/A Shoe Tailor 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.

8: On the 26 September 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement, Default Notice, and Notice Of Assignment.

9. Mortimer Clarke has not sent any of these documents to me.

10. On the 26 September 2014I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.]

(Should i put here- The Claimant agreed to a 28 day extension allowed for filing my defence pending receipt of documents (as allowed under CPR 15.5) to which i have still not received)


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. At this stage without documentation I am unable to plead fully to the claim. 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.

15. 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.

Statement of Truth

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


Thank you for your help it is appreciated
x

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Hi, can someone please look at this to see if its ok, I need to file my defence today
Thanks x

[Amethyst]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Made a couple amendments to you.... CHECK PARA 3.




1: I received the claim AXXXXXXX from the Northampton County Court on 15 September 2014.

2: This claim is for a credit agreement regulated under the Consumer Credit Act 1974 between the Defendant and JD Williams T/A Shoe Tailor.

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. So far as I am aware I ordered products from a Catalogue ''Shoe Tailor'' which were delivered to me and I made payments over a period of time. I am not aware of the existence of a regulated credit agreement.

4. I do not recognise the sum claimed and have received no details of how the amount claimed has been calculated.

5. The Claimants statement of case states that the account was assigned from JD Williams T/A Shoe Tailor to Cabot Financial (UK) Limitedon 26/06/2012. The Defendant does not recall receiving notice of this assignment.

6. It is denied that JD Williams T/A Shoe Tailor 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.

7: On the 26 September 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement, Default Notice, and Notice Of Assignment.

8. Mortimer Clarke has not sent any of these documents to me.

9. On the 26 September 2014I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11: The parties agreed to a 28 day extension allowed for filing my defence to allow the Claimant to provide me with the relevant information and documents requested (as allowed under CPR 15..5)

12. No documents have yet been received.

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. At this stage without documentation I am unable to plead fully to the claim. 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.

15. 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.

Statement of Truth

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

[shadow2014]

Re: Court Claim - Cabot Financial (UK) Limited / Shoe Tailor - 15-9-2014

Thank you, that's great
I really appreciate the help and think this site is really helpful as I would of had no idea of what to do

Thanks again and I'll keep you updated on what happens