Cabot Financial and Halifax Claim Received

[BH1]

Hi, I've received a claim dated 10/12/14, I applied for the 14 day extension whilst I took some advice from a solicitor who basically messed me about over Xmas and then came back with a conflict of interest and declared he could not help me. Should have found this site earlier I guess.
The 14 day extension will end on the 12/1/15.
I have requested a copy of the credit agreement from Cabot by recorded next day post on the 23/12/14 but from what I have read they have 12 days to respond. If this is working days then that would be the 14/1/15 which would be beyond the extension date, I have received nothing to date.
I now need to know what to do next. Can I ask for a further extension or can I file a defence based on there being no evidence of the agreement at this point in time.

Any advice would be much appreciated.

[nemesis45]

Re: Cabot Financial and Halifax Claim Received

Hi Welcome,

The statutory time scale for compliance with a CCA request is 12 + 2 Working days ( weekends and bank hols excluded).
so time still left for compliance.

Please elaborate on the Particulars of the claim and the history of the debt.

[BH1]

Re: Cabot Financial and Halifax Claim Received

Particulars of Claim

The claiment claims payment of the overdue balance due from the defendant under a contract between the defendant and Halifax- Credit Card dated on or about May 20 2005 and assigned to the claimant on Jul 18 2014 in the sum of 16553.63

Patriculars a/c no xxxxxxx
Date 12/11/2014
Default Balance 16553.63

I think this is an old Halifax credit card, I've had a business go into liquidation, had to sell my house etc etc the last 4 years have been a mess. Fairly sure the last time a payment was made to this account was January 2011.

[nemesis45]

Re: Cabot Financial and Halifax Claim Received

Hi,
Was this a business credit card specifically designated as such?
Have you acknowledged service of the claim?
Sent a CCA Request to CABOT. OR their solicitor if one is involved?

[BH1]

Re: Cabot Financial and Halifax Claim Received

No it was a personal credit card.
Yes sent acknowledgement via moneyclaim on line which extended the deadline to the 12/1/15
Sent a CCA request to their solicitor (Restons) on 24/11/14 received a response saying they could not supply it as they were not the Credit company
Sent a CCA request to Cabot on the 23/12/12, not received anything back yet, they are still within their 12 working days to respond.
My concern is that the acknowledgement timescale runs out on 12/1/15 i.e next Monday.

[nemesis45]

Re: Cabot Financial and Halifax Claim Received

Hi, I suspect that you may receive a Cabot standard reply that " they will expect to be able to obtain the data required within 40 days.

What is your defence based upon?
When was this card account opened?
Was this prior to April 2007?

[BH1]

Re: Cabot Financial and Halifax Claim Received

Not sure what my defence is. Other than I don't have any proof that I owe this money to Cabot. Halifax are certainly not chasing me for it, I have an active bank account with them which has been running for many years.
The credit card account was opened in 2005.

[nemesis45]

Re: Cabot Financial and Halifax Claim Received

Halifax have no interest in the account it's been Sold to Cabot with all the rights and benefits of the original agreement.
OK if Cabot want to litigate they will have to provide a " proper copy" of the actual signed and executed agreement to be able to enforce via the court.
I would be inclined to send a CCA request to Halifax.
Also I would be drawn to writing to Cabot's CEO Ken Stannard politely suggesting that Cabot must supply a fully complaint copy of the original signed and executed agreement within the statutory time scale, if it cannot do so it is politely suggested that it should withdraw it claim forthwith.

[BH1]

Re: Cabot Financial and Halifax Claim Received

Thanks for the advice, this forum is excellent. I still need to understand what will actually happen here. I applied for the extra 14 days by sending back an acknowledgement of service, that would mean that the time to respond ends on the 12/1/15. If I have not received anything back from Cabot by then what do I do? Will the court enforce a CCJ by default? Do I have to submit a defence saying that Cabot have not provided me with the CCA response?

[BH1]

Re: Cabot Financial and Halifax Claim Received

Nemesis, thanks for all your advice so far. Can you help with my defence. I have requested the CCA agreement as described above and not had any response yet. Looking at what others have received back from Cabot in this forum the I would not expect much from them. On that basis can my defence be " Despite requesting a copy of the CCA that this refers to I have no proof from Cabot that the debt is owed to them"

My deadline is Monday so I'm starting to worry I will run out of time.

[Kati]

Re: Cabot Financial and Halifax Claim Received

:bump2::bump2:

Hi [MENTION=59931]BH1[/MENTION], I'm just bumping your post up again so it won't get lost :tinysmile_twink_t2:

K x

[Amethyst]

Re: Cabot Financial and Halifax Claim Received

Hi BH - with regards getting started on your defence if it is due in by the 12th - there is an example http://www.legalbeagles.info/forums/...t-Court-Claims - we'd be quite happy to look over a draft for you

I'm just going to read back through the rest of your thread.

Sharon
xx

[Amethyst]

Re: Cabot Financial and Halifax Claim Received

Halifax Personal CC - £16k

Okay all sounds quite straightforward - you can ask Restons to ask their clients to agree to an extension as they have failed to provide any documents to back up their claim, but it is likely they will refuse - still worth a go in case they are feeling generous - see http://www.legalbeagles.info/forums/...filing-defence

Otherwise it is a case of defending on the standard no cca s.78 response. And the card is from 2005 so they will need to find the originals to go any further.

[BH1]

Re: Cabot Financial and Halifax Claim Received

Amethyst, many thanks is there a link to a sample "standard no cca s.78 response". I can't tell you how fantastic this site is, how is it funded and can I make a donation?

[BH1]

Re: Cabot Financial and Halifax Claim Received

OK just found the link to the sample defence form I'll create one to reflect my case and post it for review if thats OK. Comments above about donation still relevant.