Claim Received from Cabot Financial

[matt925b]

Hi all, I've just joined the forum this morning and have been going through some past threads and wanted to post this as I'd like some confirmation I've done all correctly. This has come like a bolt from the blue and at the worst time as I lost my father and my grandmother within 24 hours of each other last week and notice that my work contract is about to come to an end. This was the last thing I needed at this time and I just want to get this sorted.

Received a claim? Yes
Issue Date: 06th May 2015
Amount approx: £1,566.15
Claimant: Cabot Financial LTD
Solicitor: Mark Burch - Weightmans LLP
Original Credit: Capital One

Particulars of Claim:
1. The defendant entered into a credit agreement described by the original creditor as Capital One - CREDIT CARD and having account number xxxx xxxx xxxx xxxx ('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 1,566.15

4. the claimant claims the said sum of 1,566.15, plus costs

Stat Barred? Yes

Have sent: Acknowledged the Claim, CCA to Claimant, CPR to Claimant's solicitors. Both signed for, proof of posting.

Other Info:
As stated above, I've followed the advice on the forum and sent the acknowledgement (by post, the MCOL service is a little screwy) along with CCA/CPR letters by recorded post.

I'll continue to update this thread as I get further replies as I am OK with what I have done so far, but it gets a little confusing after this point.

This site is fantastic and I have no idea what I would have done without it. Thank you all so much.

Matt

[SPQR]

Re: Claim Received from Cabot Financial

Stat Barred? Yes

What do you mean by statute barred? Is the debt over 6 years old?

[matt925b]

Re: Claim Received from Cabot Financial

What do you mean by statute barred? Is the debt over 6 years old?

Yes indeed, the debt is older than 6 years.

[SPQR]

Re: Claim Received from Cabot Financial

I take it the application form they sent was Form N208 under CPR 8 (see example: http://hmctsformfinder.justice.gov.u...s/n208-eng.pdf)

[nemesis45]

Re: Claim Received from Cabot Financial

Care needed here, a " debt being over 6 years old Does Not automatically mean it is statute barred.

nem

[nemesis45]

Re: Claim Received from Cabot Financial

Statute Barred, England & Wales = 6 clear years without any payment or unequivocal written acknowledgment of the debt:
Any payment to any party during the relevant 6 year period resets the 6 year clock from the date of the payment.
The default date and the date a debt becomes statute barred are not synonymous.

nem

[matt925b]

Re: Claim Received from Cabot Financial

I'm sorry for the delay in getting back to you. I have just received a response from Weightmans LLP, dated 12th May but received on 26th May stating the below.

Further to your correspondence of 11 May 2015, we confirm that we have requested copies of your credit agreement, together with statement of account, default notice, termination notice and notice of assignment from the original creditor, however it may take a period of time to obtain copies of these documents. Once we are in receipt of these however, they will be forwarded to you without delay.

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 of the documents on which they will seek to rely on at trial, which may include some or all of the documents listed above. You will therefore be in receipt of the documents requested prior to any subsequent trial.

This claim is likely to be allocated to the small claims track. Under the Civil Procedure Rules (CPR), CPR31 does not apply to the small claims track. As such, should you proceed to make an application on the basis of CPR31, we hereby put you on notice that we will defend such an application and will seek our costs for doing so at the hearing.

In accordance with CPR15.2, you must file a defence to proceedings by 1 June 2015 if you wish to defend this claim. In the event that you fail to do so, our client can then request a default judgement be entered against you pursuant to CPR 15.3 and 12.3.

Please note that in the event that you fail to file a defence by the aforementioned date, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of this correspondence to the Court's attention in opposition of your application to have judgement set aside and on the issue of costs.

We trust that the above clarifies our client's position but should you require any further information, please do not hesitate to contact a member of the commercial recoveries team.

Yours Faithfully

W

Does anybody have any advice? I've file my intent to defend a claim, but what is the next step for me? I'm aware that whatever I do needs to be done ASAP!

Many thanks,

MAtt

[matt925b]

Re: Claim Received from Cabot Financial

Sorry to bug you, but do you have any update on the below?

As I'm close to June 1st, I'm prepared to hand deliver any claim if necessary.

I'm sorry for the delay in getting back to you. I have just received a response from Weightmans LLP, dated 12th May but received on 26th May stating the below.

Further to your correspondence of 11 May 2015, we confirm that we have requested copies of your credit agreement, together with statement of account, default notice, termination notice and notice of assignment from the original creditor, however it may take a period of time to obtain copies of these documents. Once we are in receipt of these however, they will be forwarded to you without delay.

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 of the documents on which they will seek to rely on at trial, which may include some or all of the documents listed above. You will therefore be in receipt of the documents requested prior to any subsequent trial.

This claim is likely to be allocated to the small claims track. Under the Civil Procedure Rules (CPR), CPR31 does not apply to the small claims track. As such, should you proceed to make an application on the basis of CPR31, we hereby put you on notice that we will defend such an application and will seek our costs for doing so at the hearing.

In accordance with CPR15.2, you must file a defence to proceedings by 1 June 2015 if you wish to defend this claim. In the event that you fail to do so, our client can then request a default judgement be entered against you pursuant to CPR 15.3 and 12.3.

Please note that in the event that you fail to file a defence by the aforementioned date, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of this correspondence to the Court's attention in opposition of your application to have judgement set aside and on the issue of costs.

We trust that the above clarifies our client's position but should you require any further information, please do not hesitate to contact a member of the commercial recoveries team.

Yours Faithfully

W

Does anybody have any advice? I've file my intent to defend a claim, but what is the next step for me? I'm aware that whatever I do needs to be done ASAP!

Many thanks,

MAtt

[nemesis45]

Re: Claim Received from Cabot Financial

Tight timing now!

No CCA provided yet?
If so debt is unenforceable until it is provided. Defence point

Debt is statute barred under section 5 of Limitations Act 1980

Look at a couple of other threads and the layout of the defence, the 2 points above
are your main stays.

Include Weightmans failure to comply with CPR31.14 before the claim was allocated to a track.

Make a draft and post on the thread and we'll take a look then you can e-mail it asap.

nem

[FlamingParrot]

Re: Claim Received from Cabot Financial

Sorry to bug you, but do you have any update on the below?

As I'm close to June 1st, I'm prepared to hand deliver any claim if necessary.

You should be able to submit a defence online on the MCOL website.

They are just quoting the usual arguments to defend not complying with a request under CPR 31.14 saying it'll go to small claims. That's true given the amount, however, until you file a defence, the claim has not yet been allocated to any track. There is, however, no time left to argue about it if your defence has to be in on the 1st of June, also it looks like this debt is statute barred. :thumb:

The main issue here is, have you made any payments or has there been any written acknowledgment of this debt in the past 6 years? If not, then you can enter a statute barred defence. An example is here: http://www.legalbeagles.info/forums/...658#post453658

[matt925b]

Re: Claim Received from Cabot Financial

Thank you FlamingParrot, thank you Nemesis. Can you advise if this is acceptable? I’ve never been able to use the MCOL website and indeed the site itself claims to have problems!

Can you advise if I send the below (or what we amend it to) to Weightmans via email and similar to the court by mail in the case of MCOL not working correctly?



Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that “This claim is likely to be allocated to the small claims track. Under civil procedure rules (CPR) CPR31 does not apply to the small claims track. As such, should you proceed to make an application on the basis of CPR31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the court to take the matter to trial, a deadline will then be provided for the parties to disclose all documents which they will seek to rely on at trial, which will include the documents listed above, you will therefore be in receipt of the documents requested prior to any subsequent trial.” I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

[FlamingParrot]

Re: Claim Received from Cabot Financial

Thank you FlamingParrot, thank you Nemesis. Can you advise if this is acceptable? I’ve never been able to use the MCOL website and indeed the site itself claims to have problems!

Can you advise if I send the below (or what we amend it to) to Weightmans via email and similar to the court by mail in the case of MCOL not working correctly?

What you have posted is a counter-response to a letter arguing about small claims allocation. :blah::blah::blah: It's not a defence.
If your deadline for submitting a defence is June 1st, you haven't got 7 days to give them to respond and you need to submit an actual defence rather than a letter. An example can be found here: http://www.legalbeagles.info/forums/...t-Court-Claims

[matt925b]

Re: Claim Received from Cabot Financial

Thanks for that, I'm working on this as we speak and will post a draft in the next few minutes. Much appreciated.

[matt925b]

Re: Claim Received from Cabot Financial

OK, how does this one look?

1: I received the claim x x x x x x from the Northampton County Court on 08^th May 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 credit Card 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.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case does not state when the account was assigned from the original creditor to the claimant. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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 11^th May 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, Default Notice and Notice of Assignment .

9.Weightmans LLP have not sent any of these documents to me.

10. On the 11^th May 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: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

13. 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.

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 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.

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 .................................................. ....


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[nemesis45]

Re: Claim Received from Cabot Financial

Very Good!!

nem