Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

good job you're on the ball Kati xx Thanks

Sorry des, yes it is just an email.

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Thank you so much both of you i really appreciate your help today i was starting to get a panic on !

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Update have still not heard anything back from this one either though we have the extension do i just sit and wait now or ? the defence on this one has to be in by the 18th feb

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

update still have not heard anything from these guys .

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Ok now I have made some headway with the other case I would like to look at getting my defence in for this case as i now have 15 days to do so or is this too soon ? 2 weeks tomorrow .

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Hi I got a letter back from them today
your request for information under the consumer credit act
unfortunately Cabot has been unable to provide you with the requested information within the relevent time period
what happens next
we shall continue to request the information from the original lender to assist you with your request. In the meantime we would like to inform you that your account shall remain on hold with the customer care department until such timr we can comply with yout request
your account
your credit agreement is currently unenforcable which means we are not permitted to obtain a judgment or decree against you in court however you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangment or continue with your existing payment plan
thrn it goes on to offer independent advice with regards to financial difficulties
has citezens advice
payplan etc

where does this leave me ?
What do i need to do to file my defence which has to be in within the next four days .

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Hiya,

Yes you do still need to submit your defence, which can now include that they have said your agreement is unenforceable and they cannot continue with the court proceedings and should therefore be struck out as an abuse of process as they should have had sight of the documents on which they intend to rely before bringing the claim.

So use the standard defence and adapt it to concentrate on the agreement side of things, and post up a draft. xxx

Sharon
xx

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

what is the standard defence Sharon xxx ....plus looks like we won with this one !!! xx

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Sharon please can you help me with the defence email as i have to get it in today - or can somebody help me ???? please as i cant find where to start !

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

http://www.legalbeagles.info/forums/...t-Court-Claims start there and add in that the response to your request for the cca was that they don't have it ie this bit '' your credit agreement is currently unenforcable which means we are not permitted to obtain a judgment or decree against you in court however you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangment or continue with your existing payment plan ''

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

thank you for this i will be doing this asap i will upload it to here as soon as i draft it

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

EXAMPLE DEFENCE


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1: I received the claim A5Cd186Z from the County Court Business Centre (4^th Floor st Katharine’s House , 21-27 St Katharines House, Northampton NN1 2LH )County Court on 19/12/2014

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 total of £3005 ,£3720.41 inclusive of fees for a credit card agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 when the exact date the contract was entered into and they state “on or around 19/11/2004”

6. The Claimants statement of case states that the account was assigned from Barclaycard to Cabot Financial ltd. on 29/11/2010. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Barclaycard 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 21/12/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement, and the Assignment

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

10. On the 24^th December 2014 I sent a formal request for a copy of the original agreement to Cabot Finnancial ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with 78 (1) Consumer Credit Act 1974 and by virtue of 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), The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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.

17.I attach a copy of a letter from Cabot financial stating that at this time they can not make a claim in the county court against me .

Statement of Truth

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



Signed Garry Goodchild

Dated 17/2 /2015

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

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1: I received the claim A5Cd186Z from the County Court Business Centre (4^th Floor st Katharine’s House , 21-27 St Katharines House, Northampton NN1 2LH )County Court on 19/12/2014

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 total of £3005 ,£3720.41 inclusive of fees 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 when the exact date the contract was entered into and they state “on or around 19/11/2004”

6. The Claimants statement of case states that the account was assigned from Barclaycard to Cabot Financial ltd. on 29/11/2010. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Barclaycard 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 21/12/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement and the Notice of Assignment

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

10. On the 24^th December 2014 I sent a formal request for a copy of the original agreement to Cabot Financial ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

12. The Claimant has responded to my request by letter dated XXXXXXX which stated they were unable to locate a copy of the agreement and as such ''your credit agreement is currently unenforceable which means we are not permitted to obtain a judgment or decree against you in court ''

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.

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 Garry Goodchild

Dated 17/2 /2015[/QUOTE]

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

only made a couple minor amendments - you don't need to attach their letter at this time.

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

ok thank you , do i send this through the money claim site ?