Court Claim - Cabot Financial / Lloyds - 10-12-2014

[broady61]

Received a claim? Yes
Issue Date: 10-12-2014
Amount approx: 7353.78
Claimant: Cabot Financial
Solicitor: Restons
Original Credit: Lloyds

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Lloyds Bank - Credit Card dated on or about Jul 11 2003 and assigned to the claimant on Jul 18 2014 in the sum of £6843.78

PARTICULARS a/c no

Date 12/11/2014 Item Default Balance Value 6843.78
Post refrl cr NIL
TOTAL 6843.78

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request

Other Info:

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Hi,

just worked out that filling the form in created a thread

Please help, I took out a credit card when I was a lot younger and stupidly ran the debt up, even though I did speak to the company at the time when I hit difficulty's, they were not interested and kept putting the interest up. I stopped paying the card and accrued a rather large debt.

I have had that many different DCA's chase me for this over the years. I did do a CCA request in February or so last year as one of the DCA's threatened to take me to court, i got a reply from Lloyds eventually (attached along with all the other paperwork I can find at the moment) in May 2013 and haven't heard anything since.

I recieved a Letter from Marlin and then one from Resons followed by a County Court Notice (also attached).

I don't know much about this and have read bits and pieces, I dont know if I should CCA request them again with a CPR 14 is it? I have acknowledged the court letters online yesterday, but so far that is all.

Please help, I am only just getting back on my feet after sorting other debt out and starting a job.

Many thanks

broady

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

here are a few more letters, sorry it will only let me upload 5 at atime.

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Last lot.

Any questions or any advice please, I am just getting back on track.

Broady

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Ho Broady, So sorry to have missed your post masred:, give us a shout if you still need someone to take a look at this with you.

So the Accucard agreement is from the CCA request you sent last february direct to Lloyds. As the debt is with Cabot now, it will have been sold to Cabot and they are now the creditor, therefore I would send Cabot a CCA request on this now. I would also get the CPR 31.14 request sent off asking for the default notice and notice of assignment at least. If that reply on the CCA came directly from Lloyds that might explain why the last DCA didn't take it any further.

I'd treat it as if that never happened and start afresh with the CCA request.

Sharon
xxx

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Hi Amethyst,

Yes, your help and input would be greatly appreciated. Sorry for the late reply also.

I have drafted the following CPR 31,14 from the template on your website:

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 13/12/2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 02/01/ 2015.
1. Contract between myself and Lloyds Bank – Credit Card
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

And also a CCA for Cabot:

Cabot Financial UK Limited
1 Kings Hill Avenue
Kings Hill
West Malling
ME19 4UA

Dear Sir/Madam

Re:− Account Number XXXXXXXXXXX

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

Please could you check them over when you have a moment and any further advice would be most grateful.

Also I keep reading about statute barred debts, how does this actually work? I haven't paid anything on this debt in well over 7 years.

Many thanks in advance

Broady

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

If you haven't paid anything to the debt, nor acknowledged the debt in writing, within the last 6 years then you can use the Statute Barred Defence as a very good back up. You want to read section 5 of the Limitations Act 1980

The letters look absolutely fine :reindeer: Did you acknowledge receipt of the court claim through Moneyclaimonline ?

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

I acknowledged the receipt the following day with MCOL using the case number and password.

I will send the letters off in the morning. Is recorded post advised? Do I have to forward them to the court also?

I will google Section 5 of the limitations act.

Thank you again.

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Hi Amethyst,

Hope you had a nice Xmas and happy New year!

Just wanted a little advice if possible. I have still not heard anything from the cca or CPR request.

I am nearly up on time and will need to start thinking about how to file my defence.

I have no idea where to start especially as they have not been in contact. Which way do I go? Explain in writing to the court or what do I ask for?

Sorry if this is a bit mish mash. Just at a real loss as to how to progress!?!

Thanks in advance

Broady

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Help Please!!!

I have finally recieved a reply from Cabot & Restons, please see attached.

I need to get my defence filed as soon as possible and I am going to start writing it tonight.

In the meantime I have received the following 2 letters today (one torn), please could anyone advise what to do next?

Many thanks

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Hi everyone,

I have sat and wrote my defence using the the excellent template provided by Amethyst! Thank you,

could someone please just take a minute or two to advise if it reads correctly and will stand up?

Many thanks in advance.

IN THE NORTHAMPTON COURT (CCBC)

CASE No: XXXXXX

Between:

Cabot Financial Limited

-and-

Claimant


Defence

-----------------------------------------------------------------------------------------------
1: I received the claim XXXXXX from the Nothampton County Court on 15/12/2014

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 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. The particulars of claim fail to state exactly when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot on July 18 2014 The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds Bank 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 23/12/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors I requested the Claimant provide copies of the Contract between myself and Lloyds Bank – Credit Card, The Default Notice and The notice of assignment.

9. Restons Solicitors has not sent any of these documents to me.

10. On the 23/12/2014 I sent a formal request for a copy of the original agreement to Cabot Financial 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 (s1) Consumer Credit Act 1974 and by virtue of s 78 (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 have not responded to this request.

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. 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.

16. 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 .................................................. ....

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Help Please!!!

I have finally recieved a reply from Cabot & Restons, please see attached.

I need to get my defence filed as soon as possible and I am going to start writing it tonight.

In the meantime I have received the following 2 letters today (one torn), please could anyone advise what to do next?

Many thanks

As you've gathered they are pretty standard letters xxx You're on the right track getting your defence sorted out, are you going to ask Restons to agree to an extension ? They'll probably decline but looks good that you asked ( and you've included it on your defence draft but I can't see you have asked them specifically yet?)

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Para 5 - they have mentioned the date ( 11 July 2003 ) so just remove para 5.

Remember this is the statement of case you have

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Lloyds Bank - Credit Card dated on or about Jul 11 2003 and assigned to the claimant on Jul 18 2014 in the sum of £6843.78


I'll pop back later xx

[broady61]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

Thank you Amethyst,

I thought I had asked for an extension in the CPR?

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

If not, how do I request an extension, can I do it by email? Although I am unable to find an email address for them on thier letters!?! and is it worth doing as my defence is due on the 12th which is Monday.

I have removed paragraph 5.

Thanks again, you are a star.

Broady

[Amethyst]

Re: Court Claim - Cabot Financial / Lloyds - 10-12-2014

http://www.legalbeagles.info/forums/...filing-defence for the extension - and yes email or ring them Monday morning - you have till 4pm to put your defence in..... they will probably say no but it is good form to ask.

I'm just going through the rest of the defence xx

oh yes and I unapproved your original attachments so they are hidden - just in case of any prying eyes