Cabot Financial/HSBC

[nemesis45]

Re: Cabot Financial/HSBC

I've found and read the Limitations Act 1980 section 6 but couldn't understand it, sorry. Wish these things were written in plain English!

The amount of the unsecured loan originally I don't know until hubby comes home but I'm guessing it was over 5 years.

I shall put bankruptcy out of mind for now, understand completely more info is needed but as we're not home owners (council house, I'm sole tenant) and with the only real asset being a 2004 Ford KA needed for work I can see why hubby suggested it.

The loan and statute barred, the date the creditor could first demand repayment in full on a fixed term loan is the date the " 6 year SB clock started ticking.

From what you say BR is totally unsuitable for your husband.

The total liabilities if within the limits allowed could be subject to a debt relief
order,

nem

[RattyOne]

Re: Cabot Financial/HSBC

Apologies for lack of updates but there hasnt been anything unexpected up til now. Cabot did indeed send their 'it will take 40 days' letter and as of today nothing else from them (as I thought!).

The solicitors rather awkwardly just sent a letter just asking exactly what we would like copying(!) and sent one straight back saying everything....and asking again about the 28 day extension. Their reply arrived today.

My question (and panic) is they say hubby must notify court in writing that they agree to the extension. Can this be done online? Via email? Are we now royally stuffed?! Defence is ready to be filed if necessary now but the extension would be better.

[jon1965]

Re: Cabot Financial/HSBC

Apparently it can be done by email but to be safe I would type a letter in word (or similar) scan the letter from the solicitors (if possible) email them to the court with a line saying hard copy in the post and follow them up with post . That for me would be a belt n braces approach. When is your defence due?

[jon1965]

Re: Cabot Financial/HSBC

To be on the safe side and unless my fingers aren't working your defence is due in by tomorrow, 8th June is day 1 so day 33 is 10thJuly . After emailing the extension I would call the court to check that they have received it

[Amethyst]

Re: Cabot Financial/HSBC

Email is fine - http://www.legalbeagles.info/forums/...filing-defence

Remember it isn't the court that applies a default judgment - the claimant has to request it. The extension being agreed and being informed to the court is just in case of cock up ( arse elbow at the solicitors/claimants office mainly).

[RattyOne]

Re: Cabot Financial/HSBC

Phew! Brilliant news, I shall get on to it first thing tomorrow. I might copy the letter anyway as Jon suggested and mail it as back up. It can't hurt and your phrase arse/elbow does seem to apply certainly to the solicitors less than helpful timing!

[RattyOne]

Re: Cabot Financial/HSBC

Trying to sort the defence out if someone could cast their expert eye over it please.

Point 1 - I will add the case number!

For points 9 and 10 could I have clarification as to which sections are required so I can amend them.

Should a point be raised regarding possible statute barred status?

When done is this emailed to the Court? Do I use the money claim website? HELP!!


1: I received the claim [claim number]from the Northampton County Court on 11th June.

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 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 my defence.

5. The Claimants statement of case states that the account was assigned from HSBC Bank PLC to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.

6. It is denied that HSBC Bank PLC 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.

7. On the 16th June I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Assignment.

8. Mortimer Clarke has not sent any of these documents to me.

9. On the 16th June I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section*[77 or 78]of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. 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.

11. 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.

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.

14. 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.

[FlamingParrot]

Re: Cabot Financial/HSBC

Trying to sort the defence out if someone could cast their expert eye over it please.

Point 1 - I will add the case number!

The claim number is there, what other case number would you add?

For points 9 and 10 could I have clarification as to which sections are required so I can amend them.

S.77 refers to loans, s.78 refers to credit cards. Reading back, this seems to relate to a loan so it would be s.77. :thumb:

Should a point be raised regarding possible statute barred status?

If you say it's SBd, then the burden of proof is on the claimant to show it isn't. For example, this defence combines the fact no documents were received and also says the debt is SBd: http://www.legalbeagles.info/forums/...011#post494011

When done is this emailed to the Court? Do I use the money claim website? HELP!!

You should be able to submit your defence on the money claim website so that should be your first port of call, if you have trouble logging in then email is the alternative. :typing:

[RattyOne]

Re: Cabot Financial/HSBC

Beg pardon, I meant to type claim number. No idea why I said case. Sorry.
Thanks for the clarification regarding points 9 and 10. I shall now read the link you put up regarding the combined no documents and stat barred defence.

Having read the link, I think I should insert

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

between points 4 and 5 (and amend the other numbers thereafter). Would that look about right?

[FlamingParrot]

Re: Cabot Financial/HSBC

Beg pardon, I meant to type claim number. No idea why I said case. Sorry.

No worries. :yo:

Thanks for the clarification regarding points 9 and 10. I shall now read the link you put up regarding the combined no documents and stat barred defence.

Having read the link, I think I should insert

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

between points 4 and 5 (and amend the other numbers thereafter). Would that look about right?

Yes, that's the idea! :clap2: SBd is an absolute defence and thus more relevant than not having received documents. You still want to leave that in as a "PlanB" so to speak, in case it turned out the last payment was a bit under six years ago, but definitely SBd should go above all that. :grin:

[RattyOne]

Re: Cabot Financial/HSBC

I've amended as per advice given. Think this is ready to submit now if someone could cast a quick eye over it please?

1: I received the claim XXXXXX from the Northampton County Court on 11th June.

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 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 my defence.

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 HSBC Bank PLC to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC Bank PLC 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 16th June I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Assignment.*

9. Mortimer Clarke has not sent any of these documents to me.

10. On the 16th June I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) of the Consumer Credit Act 1974 and by virtue of s77 (4) of the 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.

[Amethyst]

Re: Cabot Financial/HSBC

12. The Parties agreed to an extension of 28 days 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.


Para 8 there's an odd * at the end needs removing

Otherwise I think that's absolutely fine.

[RattyOne]

Re: Cabot Financial/HSBC

Thanks Amethyst, have amended.

Have now tried twice to file online via the Money Claim website but it's rejecting due to 'technical issue's.

Should I keep trying or is there an email address I can use instead?

[Amethyst]

Re: Cabot Financial/HSBC

Moneyclaim is almost always having 'technical issues'.. pile of poop.

Yes you can email your defence ( as a PDF attachment - and you need to sign it ) to the court - ccbcdefendants@hmcts.gsi.gov.uk - subject -> DEFENCE - claimant v your name - claim number.

If in doubt ring the ccbc first xx actually if you can bear being on hold might be an idea to ring them to tell themyou are doing so and mcol is being crap again so they don't let a default judgment through ( very teeny tiny risk)

[RattyOne]

Re: Cabot Financial/HSBC

I only have my tablet and phone (netbook broken) and have absolutely no idea how to do a PDF file on here or if it's even possible. My knowledge of PDF is shaky at best. At the moment I have the defence saved as an email....that's how much of a computer idiot I am.
Any tips? I thought this would be simple. Clearly not!