Help Cabot ccj

[mand39]

Hi
I received a cc claim form from Northampton business centre In April of this year , Claimant Cabot Financial Ltd , Mortimer Clarke solicitors , claiming the amount of £ 8992.03 for a credit card debt from Prime credit in 2004.
I sent a cca request and CPR 31.14 .
I received a letter back from both parties with the normal 40 days to get the paperwork and to contact the court for a 28 day extension which I have done. Also the original creditor is Lloyds TSB but they do not wish to change the particulars.
I believe I last paid this debt through a debt management plan in 2012 .
Today I have received paperwork from Cabot Which I am uploading ,there are also several pages with terms and conditions. How can they put in a claim for money owed to Prime credit and then change to lloyds tsb?
I have no Idea what to do my defence will be due in 10 days . Cabot want me to phone them rather than go through court , is this a tactic they use ?
Please Help
Regards M Webb

[mrcooper]

Re: Help Cabot ccj

Hi Mand

You've left some personal details in - you'll need to redact them I think [MENTION=29921]nemesis[/MENTION] [MENTION=6]Amethyst[/MENTION] will confirm I think.

Also on you details there seems to be numbered T & Cs which don't appear on the other document as in Condition 3 Customer Copy and in the additional person box 2, 4, 10, 11 + in the authorization section it talks about terms overleaf ?

I am sure more informed LBs will be along soon to help

They have been a brilliant help to me

[nemesis45]

Re: Help Cabot ccj

Hi Mand,

Welcome to LB,

How are the attached documents described by Cabot/Mortimer Clark as " reconstituted agreement", a" True Copy"?

Were these supplied in answer to the CCA request?

Was this a Prime Card issued by IDT.

If this is an account that was acquired by LLoyds by way of a takeover/merger/ buy out of a brand, Lloyds must provide the T's & C's issued by the Original Creditor which were applicable when the account was opened.

As a "reconstituted" agreement it must have:

1. Your name and address as it was when the account was opened.

2. The name and address of the card provider as it was when the account
was opened.

3. The Terms & Conditions Applicable when the account was opened i.e. Prime's T's & C's.

4. The T's & C's applicable when the account was closed i.e. Lloyds.

5. Any material amendments to the T's & C's made during the life of the agreement.

6. Any other documents mentioned in the T's & C's.

As I see it at present this " recon" is without merit and is not enforceable.

Can you please confirm which of the points above are fulfilled by the recon and those that are not.
I am not at all surprised Lowell do not wish to substitute or add Prime to this claim as I suspect
there are no such documents available now. Another Cabot " dirty trick"!!

nem

[mand39]

Re: Help Cabot ccj

Hi
Thank you for replying to my post, The original creditor would have been Lloyds TSB. I do not know who Prime credit are.
Cabot named Prime Credit in the original court claim stating these were my creditors, but after sending the CPR 31.14,
Mortimer Clarke replied stating Lloyds TSB were the original creditors
, but they do not wish to change the particulars.

Regards, Mandy

[mand39]

Re: Help Cabot ccj

The documents are not described as either a" reconstituted agreement", a" True Copy"? .They have just said they have complied with my request.
Points 4 and 5 above have not been complied with.

Please find a draft copy of my defence below , if you could comment or make any suggestions I would be grateful



With reference to this claim, please see below for my defence:

1: I received the claim XXXXXXXXX, dated ******** 2015 from the Northampton County Court Business Centre, on 4th March 2015.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be 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. Furthermore, there is no statement of account given at any dated point.

5. The particulars of claim state that the creditor is Prime Credit whilst the documents received are from Lloyds TSB, there is no statement of terms and conditions relating to the claim stated. Nor are there any other documents or notifications relating to the transfer of the debt and the material amount at the point of transfer. The defendant has never signed or witnessed any documentation relating to Prime Credit.

6. The Claimants statement of case states that the account was assigned from Lloyds TSB/ Prime Credit to Cabot Financial UK Ltd. The Defendant does not recall receiving notice of this assignment as specifically stated in the original agreement provided under the Data Protection Act 1998 in relation to the transfer of information to a third party outside the Lloyds Banking Group.

7. It is denied that Lloyds TSB or Prime Credit 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 6th April 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cabot Financial UK LTD. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.

9. Cabot Financial UK LTD, in their letter dated 13^th May 2015 (received 19^th May 2015), failed to send all of the relevant documents to me.

10. The documentation received also fails to provide any changes to the terms and conditions of the agreement through time and also at the point of assignments.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / 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.
The statements for the account as provided by the claimant are insufficient as they provide no reference, start or finish figures and could be generated by any means, they are not a true bank copy statement.

14. The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation, failing which the claim should be 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.

Regards Mandy

[nemesis45]

Re: Help Cabot ccj

Excellent Mand!!

I'd be happy to submit that.

nem

[mrcooper]

Re: Help Cabot ccj

Hi

Just a bit of info if it helps- Prime Credit SARL are who Lloyds at one point were selling their debts to for recoveries. I think that are an EU debt collection agency

MRC

[nemesis45]

Re: Help Cabot ccj

It would seem so.
I found this late last night too.
I wonder why PC are suddenly starting action at
this point.

I'll look a little further into this.
What is the address for Prime Credit on the N1

nem

[mrcooper]

Re: Help Cabot ccj

I think Prime Credit 1 S.a.r.l are based in Luxembourg !