Court order from Cabot help needed.

[Amethyst]

Re: Court order from Cabot help needed.

Morning flicky, I'm so sorry, I haven't been in the court claim forum very much lately and haven't seen your posts, let me have a read back through and see where you are at xxxx

[Amethyst]

Re: Court order from Cabot help needed.

Okay so court claim for Mail Order agreement, you've sent a CCA request and a CPR request and haven't yet had any documents from the claimants.

You can either ask Optima Legal to agree to an extension of 28 days to give them time to come up with the documents http://www.legalbeagles.info/forums/...filing-defence

Or you can enter a defence stating that you don't know what the debt is and they haven';t produced any paperwork to evidence the debt - such as http://www.legalbeagles.info/forums/...t-Court-Claims

The CCA request is the important part here, without that they cannot enforce the debt.

Also do you recall anything about the debt, when you last had contact with anyone about it ? Was it over six years ago ?

Claim is dated 16th April ? this gives you to Tuesday, May 19, 2015 to get your defence in.

[flicky1314]

Re: Court order from Cabot help needed.

Aww I'm so glad ur back hun . Nothing back from cca request at all. Only thing I've had back us the one letter from optima. To b honest can't remember much about the debt. Honestly don't think I've paid anything in last 6 years. Think I'll go straight with the defence at least I know it's done. As losing Internet this weekend. Cabot have gone over there 12 plus 2 days as had nothing at all from them.

[Amethyst]

Re: Court order from Cabot help needed.

I think that's the best option - get the defence in and you know its done and won't be worrying about it while your t'interweb is down. If you want to pop a draft up once you've amended it - you can add in that you believe it is statute barred under section 5 of the limitations act 1980 ..... and I'll check it over. ( you can type [MENTION=6]Amethyst[/MENTION] to shout me )

[flicky1314]

Re: Court order from Cabot help needed.

Ok thanks hun ill do it tonight for u then post it up xx

[nemesis45]

Re: Court order from Cabot help needed.

Check with the court Crabot are well into dirty tricks!!
Make sure they haven't filed any docs.

nem

[flicky1314]

Re: Court order from Cabot help needed.

Oh really bugger ok nem will do xx

[nemesis45]

Re: Court order from Cabot help needed.

Always worth keeping a very close eye on anything Cabot and its tame solicitors are up to imo.

nem

[flicky1314]

Re: Court order from Cabot help needed.

Surely if the haven't replied to me like I asked then that goes in My favour

[nemesis45]

Re: Court order from Cabot help needed.

Yes it certainly does, failure to comply with CCA request especially!

nem

[flicky1314]

Re: Court order from Cabot help needed.

Brill well ill do defence up tonight would appreciate you guys to have a look see if it's ok and get it off in thr post . Thank u all ur all fab x

[flicky1314]

Re: Court order from Cabot help needed.

Hi guys well still no news so written my defence. Could u plz have a look for me I case I need to add anything else or delete something.



Defence between Cabot financial UK ltd
And
Me.

1). I received the claim B @@@@@@@@@ from the Northampton county court on the 18/04/15.
2). Each and every allegation in the claimants statement of case is denied unless specifically admitted in this defence.

3). The claimants claim is for an alleged overdue balance from a contract between myself, the defendant, and premier man a catalogue company.
I am unaware of any contract, or any balance owing to premier man catalogue and put the claimants to a strict proof of this.

4). The claim appears to be for a catalogue account agreement for credit regulated under the consumer credit act 1974.

5). It is denied that I entered into a consumer credit regulated agreement with premier man.I do not recall even seeing or signing any such agreement.

6). On the 21/04/15 I sent a formal request for a copy of the original agreement to Cabot financial ltd, as creditor, pursuant to section 77-78 of the consumer credit act 1974 along with the £1 statutory fee.

7). The claimant has failed to comply with my request under the consumer credit act 1974 and by virtue of s.77(4), s 78(6) consumer credit act 1974 cannot enforce the agreement.

8). I have not acknowledged or made any payments to premier man or any party acting on their behalf, or any assignee of the alleged debt,in the past 6 years.

9). Therefore it is submitted that any debt would be statue barred under section 5 of the limitations act 1980.

10). The claimants statement of case States the account was assigned to Cabot financial UK ltd, I do not recall receiving any notice of assignment.

11). Under civil procedures 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.

12). I request that the court orders the claimant to provide the necessary documentation in order for me to further plead my case, and put the claimant to strict proof of any acknowledgement of payment in the last 6 years , else the claim should stand struck out.m

13). In the event that the relevant documentation is received from the claimants I will then be in a position to amend my defence and would ask that the claimants bear the cost of the amendments.

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 the defence are true.


Do u think its ok ?????

[nemesis45]

Re: Court order from Cabot help needed.

It's all there flicky,
Just needs tidying up a bit.
Double space between each paragraph.
Caps when quoting Act Limitations Act etc. makes it easier for a judge to pick up on!!
Good to go.

nem

[flicky1314]

Re: Court order from Cabot help needed.

Brill thanks nem ill rewrite it now and post first thing tomorrow. Thanks again for ur help xxx

[nemesis45]

Re: Court order from Cabot help needed.

No problem!!

nem