Cabot Financial UK limited v Legallytrained

[Legallytrained]

Claim form was issued on 1st April - received on 3rd April (Easter Saturday)
Solicitors acting for defendant are Weightmans LLP.
Acknowledged online on 4th.
Sent CCA and CPR letters recorded delivery today.

Particulars of Claim
1.The Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK - UNSECURED LOAN and having account number ********* (the Account)
2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.
3. The Defendant is indebted to the Claimant in respect of the account in the sum of 5994.78
4. The Claimant claims the said sum of 5994.78, plus costs.

This claim was issued in my maiden name. to the best of my knowledge I have not made a payment or acknowledged this debt since I was married, which was 7 years ago. I will wait to see what they come back with to see what route to follow next.

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

I have had a reply from Weightmans following my request for assignment and contract documents stating that they are requesting them from the original creditor.

They have also stated "Please note that once directions have been provided by the Court to take the matter to trial, a deadline will then be provided for both parties to disclose all the documents on which they will seek to rely on at trial, which are likely to include some, if not all of the documents listed above (no list!). You will therefore be in receipt of the documents requested prior to any subsequent trial."

I am yet to receive a response from Cabot but there time isn't up until 29th April. My defence is due in by 4th May. I am just wondering what other people would do here. If I get to the 29th and they have not produced a statement of account or the original credit agreement, would you then ask the Court to stay the matter? Or do I request that the case is struck out on the basis that I believe it to be Statute barred?

I'd be grateful for any advice.

[Amethyst]

Re: Cabot Financial UK limited v Legallytrained

You can reply and say that you require the documents to know whether to defend the claim, and ask them to agree an extension of 28 days under CPR 15.5 to allow them to have time to supply the documents before you submit your defence, in the interest of saving costs as if they supply documents after you enter your defence you may have to apply to amend your defence and will be requesting the costs of that be paid by the claimant. Also mention you have request a copy of the credit agreement under the CCA 1974 direct from the creditor (claimant) and have not yet received that, and are sure they will be aware that until your request under s 77 of the CCA is complied with any debt is unenforceable in court.

Something along those lines anyway xx

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

Thanks Amethyst

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

I have had a letter from Cabot this morning, basically stating that they don't have the documents (CCA contract and statement of account) and have requested them from Lloyds - they expect to receive them within the next 40 days!!

So, my defence is due by Monday 4th May. Should I just go down the Statute barred route? Or is there a better way to argue this out?

Any advice appreciated.

[Amethyst]

Re: Cabot Financial UK limited v Legallytrained

I'd put in your defence asking for the documents and stating your statute barred argument. The CCA is required before they can enforce and the legal time in 12 days, beyond that they cannot enforce until such time they supply you with a compliant agreement. Have a read through the example defence and adapt it to suit your case http://www.legalbeagles.info/forums/...t-Court-Claims

Have you already asked for an extension ? If not you could do that first off the back of their 40 day letter - http://www.legalbeagles.info/forums/...filing-defence

btw two cabot claims (one friday and one this morning) were discontinued due to lack of documents

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

Hi Amethyst

My brain is fried with this! I can't see the benefit in requesting an extension - am I missing something?

I think I will just file on the basis that the recovery is Statute barred and leave the onus on them to prove otherwise and then to find relevant documents in order to enforce. What do you think?

I'm sorry to pester you, but am finding it difficult to get my head around this - small children under my feet etc. :tinysmile_twink_t2:

[Amethyst]

Re: Cabot Financial UK limited v Legallytrained

I know the feeling lol.

The 'benefit' to asking for an extension is a bit theoretical, it makes you look more reasonable in the eyes of the court, and makes the court less likely to allow them even more time to supply documents, also could prevent you having to shell out to apply to amend your defence if documents arrive within those couple extra weeks after you enter your defence saying you have no documents.

[pt2537]

Re: Cabot Financial UK limited v Legallytrained

Hi Amethyst

My brain is fried with this! I can't see the benefit in requesting an extension - am I missing something?

I think I will just file on the basis that the recovery is Statute barred and leave the onus on them to prove otherwise and then to find relevant documents in order to enforce. What do you think?

I'm sorry to pester you, but am finding it difficult to get my head around this - small children under my feet etc. :tinysmile_twink_t2:

Not read the whole thread but do check that BMW v Hart cannot be applied to get round the stat barred defence

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

I have had a go at a defence using previous ones on this site. Could one of you check it for me? I needs to be filed today as Monday is a B/H. Thanks.

Defence:

1: I received the claim B4FW826R from the Northampton County Court Business Centre on 3rd April 2015.

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 loan 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. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

6. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial UK Limited. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds 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 13th April 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Weightmans LLP . I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Weightmans LLP has not sent either of these documents to me.

10. On the 13th April 2015 I sent a formal request for a copy of the original agreement to Cabot Financial Uk Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) 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. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. 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. 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.

14. 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 .................................................. ....

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

Ok, so I just went with this but tidied it up (made it all first person instead of Defendant apart from statement of truth, as I just realised ) when I submitted the Defence - filed it at 16.01. Hoping this won't make too much of a difference as Monday is bank holiday (date Defence due). Didn't request extension in the end - I have had a manic week, so I guess I will just have to wait and see.

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

I have today received a letter from Weightmans LLP following receipt of my defence. They state that they still haven't got the documentation (credit agreement, terms and conditions, statement of account, notice of assignment) and have requested it from the original creditor on 8th May (even though they supposedly did this before!) They understand that the agreement was terminated on 22nd April 2009 before being assigned to Cabot on 24th June 2014. They have been instructed to continue with the claim on the basis that the debt is not statue barred as a payment was made on 22nd April 2009 - well, hang on a minute, isn't that the date they terminated? Why would they terminate if payments were still being received? I know for a fact that I cannot have made this payment. I categorically deny making any such payment.
Weightmans state they are writing to the Court to proceed as a defended claim and the matter will be transferred to my local court. Do I just have to wait for the allocation questionnaire now? What proof is required by the Court to show that a payment was made? Any advice guys? :tinysmile_cry_t:

[BLUEOTTER]

Re: Cabot Financial UK limited v Legallytrained

So they have no documentation and yet they know the account was terminated on the same day that you made your last payment !

Sometimes it's good to read it from somebody else,I'd say it's desperation,you'll know from other threads that they'll quite happily lead you all the way to the steps of the court before withdrawing don't you.

In situations like this I'd be writing to my MP and advising them of what's happening and directly copy the DCA.

[spirit2534]

Re: Cabot Financial UK limited v Legallytrained

So they have no documentation and yet they know the account was terminated on the same day that you made your last payment !

Sometimes it's good to read it from somebody else,I'd say it's desperation,you'll know from other threads that they'll quite happily lead you all the way to the steps of the court before withdrawing don't you.

In situations like this I'd be writing to my MP and advising them of what's happening and directly copy the DCA.

It does seem that companies like Cabot purchase alleged debts without any documentation. They then attempt to get payment even issuing claims thru Northampton.

I'm sure that they are playing the percentages game, hoping for enough "default" judgments to cover their costs.

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

Hello again! Well, this morning I have received a letter from Cabot stating that they cannot comply with my request for information under the CCA as they have not received any documentation from Lloyds. It also states: " Your credit agreement is currently unenforceable"

My question is what are my options now? Can I write to the Court and request that the matter is struck out on the basis that they have no evidence?

Any thoughts would be welcomed.