Court Claim - Cabot / Egg - 19-12-2014

[wayne7]

Received a claim? Yes
Issue Date: 19-12-2014
Amount approx: 4,600
Claimant: Cabot
Solicitor: Drydens Limited
Original Credit: Egg

Particulars of Claim:
The Claimants claim is for 4,600 under an agreement regulated by the consumer credit act 1974 between the defendant AND Egg account number xxxxxx and assigned to the Claimant on 01/10/2009 notice of which has been provided to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment and the claimant claims the sum of 4600 together with costs

Stat Barred? No

Have sent:
Acknowledged the claim
Sent a CCA Request to the Cabot
Sent a CPR request to the Drydens


Other Info:
Any help would be greatly appreciated, I have a number of debts which I ran up in the late 1990's and it seems they are now returning to haunt me, the account is not stature barred as I was making payments to the account up to about 4 years ago, till I was made redundant and could no longer afford to make any payments,

[wayne7]

Re: Court Claim - Cabot / Egg - 19-12-2014

Just a update and a nod that I am on the right tracks would be appreciated.

Nothing yet from Cabot about my CCA request sent 24^th Dec 2014

Sent Drydensthe CPR request also te 24^th December and received quite a bizarre letter from Drydens yesterday dated 29^th Dec, no reference to my CPR request, a different reference number and a greater sum outstanding.

I have uploaded an image if anyone is interested in looking.

Today I have emailed Drydens requesting a 28 day extension to file my defence.

My next step is to prepare and submit my defence just in case I do not receive confirmation of an extension from drysden.

Is there anything else I need to do..

[nemesis45]

Re: Court Claim - Cabot / Egg - 19-12-2014

Just keep that letter safe!

A little history please:
When was the account opened? When was it defaulted?
Is it on your credit files.
Has this been through any other DCA's

[wayne7]

Re: Court Claim - Cabot / Egg - 19-12-2014

Hi
The letter has been filed away with the rest of the correspondence I receive.
Just checked on noodle and none of my debts shown
The account was opened around 2001 until I get the CCA I won’t know for sure the exact date, I think I defaulted and stared making token payments around 2002\2003, it has been passed around from pillar to post the last DCA that contacted me was Aktiv Kapital in 2010. From 2010 no payments have been made.
I do have a number of debs and am wondering if they have just totalled up more than one debt.

[wayne7]

Re: Court Claim - Cabot / Egg - 19-12-2014

Received what I think is the standard 40 day reply from a CCA request from Cabot. (Attached)

Have e-mailed Drysden twice now for a 28day extension.

Can someone please confirm the date I have to submit my defence is correct, I have the 21\01\2015, the issue date of the claim was the 19\12\2014.

Thanks do not know where I would be without this site and the helpers on here.

[Amethyst]

Re: Court Claim - Cabot / Egg - 19-12-2014

I get Wednesday, January 21, 2015 ( issue date plus 33 days )

Example defence if you want to make a start http://www.legalbeagles.info/forums/...t-Court-Claims

[Kati]

Re: Court Claim - Cabot / Egg - 19-12-2014

Received what I think is the standard 40 day reply from a CCA request from Cabot. (Attached)

Have e-mailed Drysden twice now for a 28day extension.

Can someone please confirm the date I have to submit my defence is correct, I have the 21\01\2015, the issue date of the claim was the 19\12\2014.

Thanks do not know where I would be without this site and the helpers on here.

the date I get (going by your dates) using the CALCULATOR is the 21st Jan - I'm sure you will get lots of advice from the knowledgeable Beagles here. One point I will make tho' is that 40 days is not how long they have to respond to your request, it should be 14+2 days (or there abouts?) - it is 40 days for a SAR request :tinysmile_twink_t2:

K x

[nemesis45]

Re: Court Claim - Cabot / Egg - 19-12-2014

Cabots 40 day letter is nothing more than a CON, the statutory time scale for a CCA request is 12 + 2 Working days Cabot cannot rewrite the statute to suit its own purposes.
Please copy that silly letter and send it to the FCA for information together with a comment that Cabot are using this as a Standard Template Response to CCA Request

The More people who report this the better impact it will have when " Interim Permissions" are reviewed by the FCA.

[Amethyst]

Re: Court Claim - Cabot / Egg - 19-12-2014

Cabots 40 day letter is nothing more than a CON, the statutory time scale for a CCA request is 12 + 2 Working days Cabot cannot rewrite the statute to suit its own purposes.
Please copy that silly letter and send it to the FCA for information together with a comment that Cabot are using this as a Standard Template Response to CCA Request

The More people who report this the better impact it will have when " Interim Permissions" are reviewed by the FCA.

Would have helped if the people who amended the CCA 1974 in 2006 had bothered to put some consequences in of not supplying the agreement within the 12+2 days. It USED to be a criminal offence but now there is no consequence other than they can't get judgment. The way it stands they can take five years if they like and keep charging interest in the meantime. Stupid.
But that's probably for a whole other thread really xxx

[nemesis45]

Re: Court Claim - Cabot / Egg - 19-12-2014

Hi Amethyst
As I understand it (and still use) if the CCA is not immediately available the respondent to a CCA request must inform the person making the request in writing that it cannot supply the document within the stat time scale.
Cabot's now "standard" reply of within 40 days ( sometimes accompanied by a claim that " industry guidance " allows for this is an
abuse " Unfair Practice" being used in the hope that alleged debtors will not know the proper process.

This is why I try to encourage all recipients of that letter to report it to the FCA.:boink:

I may put this to Ken Stannard CEO Cabot Europe as I cannot find the elusive " Industry Guidance".

[wayne7]

Re: Court Claim - Cabot / Egg - 19-12-2014

I get Wednesday, January 21, 2015 ( issue date plus 33 days )

Example defence if you want to make a start http://www.legalbeagles.info/forums/...t-Court-Claims

Started on my defence...please do not hesitate to mention if it requires any modification ..

1: I received the claim xxxxxxx from the County Court Business Centre on 23^rd Dec 2014.
2: This claim appears to be for Loan agreement regulated under the Consumer Credit Act 1974.
3. It is denied that the defendant has entered into an agreement with Egg or claimant Cabot Financial (UK) Limited.
4. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess the position with regards to the claim.
5. On the 24th December 2014 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Solicitors, who are acting for the Claimant in this case. I requested the Claimant provide copies of the Agreement, notice of assignment, the deed of assignment and formal demand as detailed in their Particulars of Claim, but have not yet received any documentation relating to the said debt.
6. On the 24th December 2014 I sent a formal request for a copy of the original agreement direct to Cabot Financial UK Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
7. The Claimant has failed to send any copy of any agreement between myself and Egg and has failed to comply with my request pursuant to the Consumer Credit Act 1974 and therefore cannot enforce the agreement.
8. The Claimant has not provided any copies of any notice of assignment or default notice in relation to this alleged debt and I deny the notice was served pursuant to the Law of Property Act1925
9. The Claimant have not provided any detail of how the sum claimed has been calculated.
10. On the 6^th and 12^th January 2015 I have emailed Drydens requesting an extension to give the Claimant and the Claimants solicitor Drydens time to provide me with the relevant documents requested. Drysden have failed to respond or to acknowledgemy requests to date.
11. 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. To date the Claimant has not provided any evidence that any debt is owed or ever has been owed to either Egg or the Claimant.
12. 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.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
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.

Statement of Truth

[wayne7]

Re: Court Claim - Cabot / Egg - 19-12-2014

Bump.....can anyone please read through my defence and advice if it requires any amendments

Thanks

Started on my defence...please do not hesitate to mention if it requires any modification ..

1: I received the claim xxxxxxx from the County Court Business Centre on 23^rd Dec 2014.
2: This claim appears to be for Loan agreement regulated under the Consumer Credit Act 1974.
3. It is denied that the defendant has entered into an agreement with Egg or claimant Cabot Financial (UK) Limited.
4. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess the position with regards to the claim.
5. On the 24th December 2014 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Solicitors, who are acting for the Claimant in this case. I requested the Claimant provide copies of the Agreement, notice of assignment, the deed of assignment and formal demand as detailed in their Particulars of Claim, but have not yet received any documentation relating to the said debt.
6. On the 24th December 2014 I sent a formal request for a copy of the original agreement direct to Cabot Financial UK Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
7. The Claimant has failed to send any copy of any agreement between myself and Egg and has failed to comply with my request pursuant to the Consumer Credit Act 1974 and therefore cannot enforce the agreement.
8. The Claimant has not provided any copies of any notice of assignment or default notice in relation to this alleged debt and I deny the notice was served pursuant to the Law of Property Act1925
9. The Claimant have not provided any detail of how the sum claimed has been calculated.
10. On the 6^th and 12^th January 2015 I have emailed Drydens requesting an extension to give the Claimant and the Claimants solicitor Drydens time to provide me with the relevant documents requested. Drysden have failed to respond or to acknowledgemy requests to date.
11. 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. To date the Claimant has not provided any evidence that any debt is owed or ever has been owed to either Egg or the Claimant.
12. 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.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
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.

Statement of Truth

[Amethyst]

Re: Court Claim - Cabot / Egg - 19-12-2014

Looks good so far. Just to check - was it a loan or a credit card account ?


Only deny entering into an agreement with Egg if you do - ie. if you don't believe you did enter into any agreement with them, otherwise leave that paragraph out.

[wayne7]

Re: Court Claim - Cabot / Egg - 19-12-2014

Thanks Amethyst it was a loan account,
I have still not received a reply to my request for an extension and my defence has to be in for this Wednesday
When would you recommend I enter my defence.
Regards

[Amethyst]

Re: Court Claim - Cabot / Egg - 19-12-2014

Monday xx

Leave off Para 3 altogether.

Para 5 - '' I requested the Claimant provide copies of the Agreement, notice of assignment, the deed of assignment and formal demand '' Did you actually ask for all those in your CPR request - and are all of those documents actually mentioned in the claim form ? If not take out the ones that aren't.

actually I'm pretty sure your defence is exactly the same as someone elses I've just been through...with the same issues.... two tics

ahh yes - http://www.legalbeagles.info/forums/...uis-22-12-2014 - for a vanquis credit card lol. so slightly different circs.

For a LOAN you want to quote section 77 of the consumer credit act 1974 - 77 (1) for provide and 77 (4) for unable to enforce.