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

[Amethyst]

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

Personally I'd reign it back - remember these letters will be going in front of the Judge. ( sorry )

[Nuff55]

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

How's this instead...

"I am in receipt of your letter of 13^th January 2015 and note its contents.

My initial reply to you quite clearly states:

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

You state that you find this confusing.

It also stated

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.

You also seem to find this confusing.

Your letter also uses the word ‘should’ five times and I’m sure we are all aware that ‘should’ does not equate to ‘did’. What should have happened and what did are two quite different things!

I therefore reiterate once more your obligation under CPR 31.14, which it appears you are not able to fulfil given that you have not made any attempt to do so in the past seventeen days, but instead choose to defer my request.

Therefore instead of inviting me to make a section 78 request (at my expense) I once again invite you to produce the required documents – which you will have to rely on when we go to court – or to withdraw your claim."

Reigned it quite significantly - :tinysmile_cry_t:

Also I have no problem in appearing before a judge - had to do it once when I took someone to court for a rip off job they did on my house. I remember what the judge wants to see - hence my question.

You may be able to detect my anger at Restons?

[Amethyst]

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

Yes that is better.

Have you not sent a s.78 request ? If not, do.

[Amethyst]

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

Actually you said you had sent one, so I've got confused, if you have and Cabot are farting about, then I'd put in that you HAVE sent one already etc.

[Nuff55]

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

I sent Cabot this:


Please treat this letter as a formal request for you to supply copies of my Consumer Credit Agreements 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 two £1 postal orders, 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.

To which I had the standard 40 days to find blah blah blah and I replied thus:

Thank you for your letter dated 5^th January 2015 received today (date as above)

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.

In my initial letter I confirmed that the statutory timescale allowed to provide this information is 12 days. You have failed to comply within the given timescale and cannot therefore rewrite the statute to suit your own purpose. I shall be sending a copy of your letter to the FCA stating my belief that you appear to use this letter as a standard response for unreasonable purposes and as a means to confuse those who are unfamiliar with the Consumer Credit Act.

If you require further time to comply with my request you should inform the court of such.

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.’ You are therefore in default of my CCA request and I consequently invite you to withdraw your claim.

They received that today.

[Nuff55]

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

Actually if they don't communicate with their client who am I to interfere?

[Nuff55]

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

So - I have been preparing my defence - which will be submitted in time and despite all attempts by Cabot and Restons to sidestep me. This is what I have prepared thus far:

1: I received the claim XXXXXXXXX from the County Court Business Centre Northampton on 24^th December 2014
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim fails to state what kind of contract these contracts relate to
4: It is denied that the Defendant has entered any agreements with Lloyds Bank for any provision of credit.
5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimants statement of case states that the account was assigned from Lloyds to Cabot Financial (UK) Ltd on 18^th July 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 compliant Default Notices were served upon the Defendant.
8: On the 27^th December 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 Claimants solicitors provide copies of the Agreement s and Notices of Assignment.
9. Restons Solicitors has not sent any of these documents to me, nor have they suggested they are able to provide such.
10. On the 27^th December 2014 I sent a formal request for a copy of the original agreements to Cabot Financial (UK) Ltd pursuant to sections 77 to 79 of the Consumer Credit Act 1974 along with the statutory 2 x £1 fee.
11. The Claimant has failed to comply with sections 77 to 79 of the Consumer Credit Act 1974 and by virtue of the Consumer Credit Act 1974 cannot enforce the agreement.
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. It is therefore 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 may be 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 .................................................. ....

If anyone could please advise if I should add/detract anything I would be grateful?

[Nuff55]

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

Well I've sent my reply to Restons... Now for my defence......

[Nuff55]

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

Well since Restons and Cabot have f ailed to provide any sort of proof of their allegations, I've submitted my defence.

Now to wait for a date.

[nemesis45]

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

Well done!!
Good luck!
nem

[Nuff55]

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

Thank you - I'll keep you all posted. layball:

[Dog11]

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

Good luck ,I'm in the same position as yourself,preparing my defence tonight ,similar to yours ....fingers crossed

[Nuff55]

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

And to you - and thank you.

[nemesis45]

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

Good luck to you both!!

:tinysmile_twink_t2::tinysmile_twink_t2::tinysmile _twink_t2::tinysmile_twink_t2:

[Nuff55]

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

:confused2::confused2::confused2:Before I laugh me socks off at this latest missive from Restons - can anyone else spot a mistake?