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

[wayne7]

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

Thanks Amethyst

Monday it is then.....

Well it never mentioned the deed off assignment on the claim form nor did i request it on the CPR, i was just curious to see who actually bought the original debt from Egg. this account has been passed from DCA's to DCA's and in all honesty i cannot remember receiving any notices or assignments.

[Amethyst]

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

That's fine, but if you haven't asked them for it in the CPR letter you can't just tell the court you did and they haven't supplied it.... you can ask for it separately -

eg

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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.

[wayne7]

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

Thanks Amethyst....made the changes how would I go about requesting the deed of assignment or do you think its irrelevant

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. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess the position with regards to the claim.
4. 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, and formal demand as detailed in their Particulars of Claim, but have not yet received any documentation relating to the said debt.
5. 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.
6. The Claimants statement of case states that the account was assigned from Egg to Caboton 01/10/2009 The Defendant does not recall receiving notice of this assignment.
7. It is denied that Egg 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. The Claimant have not provided any detail of how the sum claimed has been calculated.
9. On the 6^th and 12^th January 2015 I have emailed Drydens requesting an extension to give the Claimant and the Claimant solicitor’s Drydens time to provide me with the relevant documents requested. Drysden have failed to respond or to acknowledgemy requests to date.
10. 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.
11. 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.
12. It is denied that the Claimant is entitled to the relief as claimed or at all.
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.

[Amethyst]

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

Personally I think the Deed of Assignment is irrelevant, others have different opinions to me.

[wayne7]

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

Amethyst with regards to the notice off assignment I cannot see how this could have been assigned to cabot from Egg on that date that's the reason i was trying to obtain the deed, ....I just Know it has been passed around from DCA to DCA and want to make sure that i am not pursued by multiple DCA's for the same debt.

Do you think my defence is okay to submit.

[wayne7]

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.

Thanks again Amethyst

Have added
"9. 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."

So my defence looks like this ...

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. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess the position with regards to the claim.
4. 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, and formal demand as detailed in their Particulars of Claim, but have not yet received any documentation relating to the said debt.
5. 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.
6. The Claimants statement of case states that the account was assigned from Egg to Cabot on 01/10/2009 The Defendant does not recall receiving notice of this assignment.
7. It is denied that Egg 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. The Claimant have not provided any detail of how the sum claimed has been calculated.
9. 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.
10. On the 6^th and 12^th January 2015 I have emailed Drydens requesting an extension to give the Claimant and the Claimant solicitor’s Drydens time to provide me with the relevant documents requested. Drysdens have failed to respond or to acknowledge my 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.

[wayne7]

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

Received an acknowledgement letter from Drysden advising they are requesting the requested documents from their Clients, and until they receive the documents the matter will remain on hold or oh hold as they put it.

There is no mention to my requests for the 28 day extension.

I was going to submit my defence this Monday, now do I still go ahead and submit my defence or do I try to make further contact and get an extension.

I will now need to change my defence as drysden have now acknowledged my letter.

Regards

[nemesis45]

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

Make a separate request for an extension, often letters concerning more than one matter confuse those receiving them, especially in the debt collection industry!!
Leave as is.

[wayne7]

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

nemesis45 are you saying still submit my defence but also request an extension.

sorry for any confusion.

[nemesis45]

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

Yes exactly. You may need to adjust defence if you get the documents you have asked for.

nem

[Amethyst]

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

nemesis45 are you saying still submit my defence but also request an extension.

sorry for any confusion.

Nooo don't submit your defence if you are asking for an extension - ask for an extension, phone or email on Monday ( see http://www.legalbeagles.info/forums/...filing-defence ), if they reply saying yes then good, you have 28 more days before sending the defence. If they say no then put in your defence.

[wayne7]

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

Nooo don't submit your defence if you are asking for an extension - ask for an extension, phone or email on Monday ( see http://www.legalbeagles.info/forums/...filing-defence ), if they reply saying yes then good, you have 28 more days before sending the defence. If they say no then put in your defence.

I will send this in the morning if it is okay I am using the free trial of readnotify.com so will get proof it has been delivered and read.

19/01/2014
Drydens Limited
Shire House
2 Humboldt Street
Bradford,West Yorkshire
BD1 5HQ

Claim Number: xxxxxxxx – Cabot Financial (UK) Limited v Mr xxxxxxxx
Thank you for letter dated the 14th January 2015 as mentioned in your letter the required documents have been requested from your client and until such you have the matter on hold.
As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.
Considering the current deadline for submission of my defence is this Wednesday 21st of January 2015 I would appreciate a response by return.
If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension.
Kind regards
xxxxxxxxxxxx

[nemesis45]

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

ooops just realised what I had written there request extension not file defence.

Apologies.

[wayne7]

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

No extension from Drydens, so defence submitted, the deadline is tomorrow the 21st.

What can I expect now....

so I can start work on or is it a case of just holding fire...

[Amethyst]

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

Its a case of waiting for the 28 days to see if they want to continue or get any documents sorted and over to you. Nothing you can really do in advance except make sure you have all your documents in order for if you need them later for court bundles.