Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Both 1st class signed for letters have been received by both Cabot and Restons this morning and I have signed pod's.

[nemesis45]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Both 1st class signed for letters have been received by both Cabot and Restons this morning and I have signed pod's.

Ok the 12 + 2 working days starts on the date signed for.
CPR allow 7 - 10 days maximum.

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Thank you - yes I'm now counting. Restons should reply by Thurs 8th Jan at the latest and Cabot by Tues 13th Jan. I'think I'm already primed for both thanks to this forum.

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

I've been reading up on the likely responses from Restons and Cabot.

As my alleged indebtedness is over £10k and is unlikely to be allocated to the Small Claims Court, does his mean that the likely response from Restons will differ to the ones I've seen here in that they could not claim CPR 31.14 does not apply?

Also should my 'preparations' for my defence be any different/

Thanks for your help thus far.

[Amethyst]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Your preparations will be the same as for small claims track. The response to the CPR letter will be similar but will claim instead that you have already had documents requested and no further disclosure is required. The main issue with the CPR will be that the documents asked for are not mentioned as their particulars are so vague they only really mention the contract. To get the default notice and notice of assignment you should really send a request under Part 18 CPR too as that is further information rather than information mentioned in statement of case. ( see http://www.justice.gov.uk/courts/pro.../pd_part18#1.1 )

The important requests are the CCA requests which they need to come back to you with full compliant agreements in order to have a hope of enforcing the debts.

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Thank you Amethyst. I shall keep everyone updated as soon as I have any responses.

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Home to find a letter from Restons- as expected it's the standard reply they appear to churn out. Can someone please point me to a template for my response?

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

In fact here's my draft response:

I am in receipt of your letter dated the 5^th Jan inst and note its contents.

I would point out that although you see no reason why I should require an additional copy of the requested documents, this does not mean that you are exempt from fulfilling your obligations under CPR 31.14.

I would like to reiterate that I have no record of these accounts or debts nor do I hold a record of any paperwork relating to this claim.

Therefore, I require the following information to defend my case:

a) a copy of the original contracts
b) copy statements of said accounts
c) a copy of the letter of assignment
d) a copy of the default notices

I look forward to receiving said copies within 7 days ie by 14^th January 2015.

Yours sincerely

Would this be acceptable?

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Morning one and all. Couldn't sleep so decided to work on my reply to Restons as follows:

I am in receipt of your letter dated the 5^th Jan inst and note its contents.

Although your letter states that you see no reason why I should require a copy of the requested documents, this does not excuse you from fulfilling your obligations under CPR 31.14.

I have no record of these accounts or debts nor do I hold a record of any paperwork relating to this claim.

As Defendant in this case, I 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. I am currently unable to lodge my defence and/or counterclaim as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

Therefore, I require the following information to defend my case:

a) copies of the original contracts
b) copy statements of said accounts
c) copies of the letters of assignment
d) copies of the default notices

I look forward to receiving said copies within 7 days ie by 15^th January 2015.

Yours sincerely


This will be posted to Restons today - unless anyone can please indicate I should be doing something different or better or I am incorrect in any way?

No response as yet from Cabot but I have another week and a bit before their 'deadline' expires.

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Just a quick question please if I may?

Due to the Christmas and New year holidays I'm unsure what my deadline is for filing my defence. The papers were drawn up on 22nd Dec and I received the on 24th. I acknowledged service on 27th (That was a Sat so I guess 29th would be the 'official' date). Normally my defence would have to be filed within 28 days (plus 5?) making 19th-24th Jan. Do the bank holidays over the Christmas period make any difference or is 24th my deadline.

I'm thinking of doing it on 19th anyway because both the deadlines (and therefore statutory time limits) for Cabot and Restons will have passed anyway.

Thank you.

[Kati]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Just a quick question please if I may?

Due to the Christmas and New year holidays I'm unsure what my deadline is for filing my defence. The papers were drawn up on 22nd Dec and I received the on 24th. I acknowledged service on 27th (That was a Sat so I guess 29th would be the 'official' date). Normally my defence would have to be filed within 28 days (plus 5?) making 19th-24th Jan. Do the bank holidays over the Christmas period make any difference or is 24th my deadline.

I'm thinking of doing it on 19th anyway because both the deadlines (and therefore statutory time limits) for Cabot and Restons will have passed anyway.

Thank you.

From what I can make out, the bank holidays over Christmas and New Year make no difference (although I'm sure someone will correct me if I am wrong) so getting your defence in using the normal timings is still needed :tinysmile_twink_t2:

[nemesis45]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Best always to assume that time scales refer to" calendar days" " not working days" unless the time scale is specifically expressed.

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Thank you Nemesis, thank you Kati.

[Nuff55]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

Good evening Beagles.

I have received the standard letter from Cabot that everyone receives so I shan't post it up here.

I have started my reply:

I am in receipt of your letter dated 5^th January.

I note that you have not responded to my letter directly, but have chosen to reply with your standard letter stating that you will be able to provide the requested information within 40 days.

I stated in my initial letter that the statutory time to provide this information was 12 days. You have failed to supply this and cannot therefore decided rewrite the statute to suit your own purpose. I shall be sending a copy of your letter to the FCA together stating it is my belief that you appear to use this letter as a standard response, for nefarious reasons and as an unfair process in the hope that any defendants will not be aware of the proper process.

Since you are not able to provide the information within statutory timescales you should make a request to the court for additional time to do so in addition to your letter to me. I reiterate 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.

I have seen a 'fuller' response somewhere on this site but as usual when you want something you can't find it...

I would be grateful if someone could advise what I should add to this letter, whether I should ask the court for an extension due to their inability to provide information, or whether I should just file my defence anyway - I believe that they will have to produce it in court and I also believe I should be allowed to have sight of it at least 14 days before any court date in order to amend my defence?

Thank you
I

[nemesis45]

Re: Court Claim - Cabot Financial (Uk) Ltd / Lloyds - 22-12-2014

It's ok But remove " nefarious" etc. Unfair/ unreasonable if fine.
you can ask for an extension if you wish.