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

[Nuff55]

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

Sorry nem - BR threshold?

[Nuff55]

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

Today I have received the attached.....

Now waiting for Restons/Cabot to 'invite' me to withdraw my defence.....

[Nuff55]

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

Look what arrived this morning. Gold! Mind you there were two claims on the court papers ....

I wonder if they'll send the same for the 'other' agreement AND if Restons will back off...

Part of me hopes they won't.....:tea:

[nemesis45]

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

Cabot's latest excuse for rewriting the statutory time limit!!
One wonders how Cabot arrives at the conclusion the original creditor will take 40 days to find the agreement.

It's time the FCA started to dictate that Debt Purchasers must no start court action unless they have the " paperwork " mentioned in the POC to hand.

nem

[Nuff55]

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

Good evening

I have arrived home to find the expected letter from Restons asking me to withdraw my defence.

This is my draft reply:
I am in receipt of your letter of 27^th January 2015 in response to my submitted defence.

Whist I agree that you have responded to my previous three letters you have failed to supply the requested information as required by the statute

I had already submitted a section 78 request to Cabot on 24^th December and after several letters of correspondence I received notice from them that they cannot as yet provide the documents for one of the claims and that therefore that will become unenforceable.

I enclose a copy of their letter and also a copy of my reply to them.

I therefore cannot withdraw my defence and in an effort to save the court time and money, I would invite you to with draw your claims since they are unenforceable.

I'd appreciate comments before I wang this across to them in the am.

thank you

Nuff

[Nuff55]

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

Letter inviting Restons to withdraw their claim and to naff off if they think I'm going to withdraw my defence has gone.

Now let's see what happens... probably take a week or three but hey ho.... :drum:

[nemesis45]

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

Good Luck Nuff:juge:

[Nuff55]

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

Thank you

[Nuff55]

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

Good evening people

It is over a week since I asked Cabot about their second claim (5 weeks in all) and we are now halfway (14 days out of 28) to Restons deciding whether to take me to court or not. Needless to say I haven't heard a thing from either as yet.....

[Nuff55]

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

Hello Beagles

Today I have received another 40 day letter from Cabot - now bear in ind they only have 14 days to decide whether to go to court or not!

As their claim against me concerns 2 accounts (both of which CCA were requested in my letter to then 6 weeks ago), they only managed to respond to one within the 12 days with the first 40 day letter.Makes me wonder if they actually know what they're doing.....

Anyhoo as they appear to shoot themselves in the foot at every turn I can't wait to see what the next letter from them or Restons brings...

[nemesis45]

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

This 40 day nonsense in my opinion is scandalous Cabot clearly using this to disrupt due process the FCA need a kick up somewhere painful to get this sorted.
Send a copy to the FCA with a comment that this is being used when time is limited in a court action..

nem

[Nuff55]

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

Quick update Beagles....

Home to find I have yet another letter from Cabot re just one of the claims (there are two accounts on the court papers) - this time saying they can't get the documents although they will keep trying. Bless.

No word on the other account at all - despite two requests from me now.

:faint:

[Nuff55]

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

Home to find this waiting...

I am minded to write a reply along the lines of:

Thank you for your letter blah blah, but in commencing a court claim I should have expected any paperwork that is to be relied on as proof of said claim would have been readily to hand beforehand. Your client has now had forty nine days from commencement of their claim to supply any evidence it intends to rely upon. Please confirm how long you intend to allow Lloyds Bank to supply these alleged agreements before you withdraw your claim. One also wonders how they determine that it will take 40 days?

One also wonders why throughout all the correspondence with your client, despite bring a claim for two contracts, has only ever referred to one despite being reminded on more than one occasion there are two.

I suspect however that may be seen as antagonistic eh Beagles?

[Nuff55]

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

Oh - and by the way, for a 'Paralegal' the grammar in that letter is appalling!

[Nuff55]

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

Update: Rang the court this am to find out status of claim. They've heard nothing from Restons (surprise surprise) but they do have until Monday to submit anything - which of course they can't because they don't have anything to submit.

They and Cabot have throughout only ever referred to one of the contracts in their many and atrocious letters despite being two on the claim and despite me reminding them of such.

F*ckwits!

So will ring the court again next Tuesday.