DrysdenFairfax / Cabots

[Chattyone]

Re: DrysdenFairfax / Cabots

If, after all that, they agree to an extension under CPR 15.5, YOU need to notify the court in writing. :typing:

Otherwise you should file your defence by the 19th.

Ok Flaming Parrot. Defense wise I understand that there is a generic defence - can you point me in the right direction please?

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Ok Flaming Parrot. Defense wise I understand that there is a generic defence - can you point me in the right direction please?

With pleasure: http://www.legalbeagles.info/forums/...t-Court-Claims :yo:
You may want to post up your draft on here before filing it. :typing:

[Chattyone]

Re: DrysdenFairfax / Cabots

With pleasure: http://www.legalbeagles.info/forums/...t-Court-Claims :yo:
You may want to post up your draft on here before filing it. :typing:

Hello Wise People , can I have your input on my draft defence statement below - based on the following particulars of claim?

The Claimants claim is for the sum of (<£10k) under an agreement regulated by the Consumer Credit Act 1974, between the Defendant and Lloyds banking group acc. no xxxxxx and assigned to the claimant in 2014, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. And the Claimant claims the sums of (<£10k) together with costs.


The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement

Signed Drydens Limited
(Claimants Legal Represenatative)


1: I received the claim xxxxxx from the Northampton County Court on xx^th September 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. Is the statement of case and particulars of claim interchangeable here?

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

6. The Claimants statement of case states that the account was assigned from Lloyds Banking Group to Cabot Financial UK Limited on xx/xx/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds Banking Group 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. Is this relevant to my case even if there is no mention of any default notice in the particulars of claim?

8: On the 01/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the Agreement, and Notice of Assignment (I also requested a copy of the formal demand – should I not have? I’m not even quite sure what it is!)

9. Dyrdens Limited has not sent any of these documents to me.

10. On the 01/10/2015 I sent a formal request for a copy of the original agreement to Cabot Financial UK Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: On the 14^th October I asked Drydens Limited if we may agree to extend the time period allowed for filing of my defence to allow Drydens Limited and Cabot Financial UK Ltd (correct?) additional time to produce the relevant documentation to evidence their claim, however they have failed to respond.

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


Do I need to write anything else? I should also note again that Drydens did send me a letter acknowledging my complaint (pre CPR and CCA requests). Their procedure states that they aim to send a final response within 4 weeks of my complaint (which in now up) and if they can’t respond in 4 weeks they will write me an update on their progress (Nothing to date)

Also just checking (maybe the obvious). Do I need to send copies of my letters / emails along with the above defence?

AND FINALLY
I’ve read I can send my defence by email to the court – would this be through the MONEY CLAIM. GOV WEBSITE? Cos I can’t find an email address on the claim form?

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Hello Wise People , can I have your input on my draft defence statement below - based on the following particulars of claim?

The Claimants claim is for the sum of (<£10k) under an agreement regulated by the Consumer Credit Act 1974, between the Defendant and Lloyds banking group acc. no xxxxxx and assigned to the claimant in 2014, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. And the Claimant claims the sums of (<£10k) together with costs.

The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement

Signed Drydens Limited
(Claimants Legal Represenatative)

Thanks for posting that up, :yo: it's very helpful, I usually have to go back to the top of the thread to look at the particulars of claim.

1: I received the claim xxxxxx from the Northampton County Court on xx^th September 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. Is the statement of case and particulars of claim interchangeable here?

Yes, the particulars of claim are a statement of case.

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

6. The Claimants statement of case states that the account was assigned from Lloyds Banking Group to Cabot Financial UK Limited on xx/xx/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds Banking Group 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. Is this relevant to my case even if there is no mention of any default notice in the particulars of claim?

Yes, because they refer to an agreement regulated by the Consumer Credit Act and s.87 of the Act makes it a requirement to serve a DN before the agreement can be terminated.

8: On the 01/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the Agreement, and Notice of Assignment (I also requested a copy of the formal demand – should I not have? I’m not even quite sure what it is!)

There is no mention of that document in the particulars of claim and it's relevant mostly to current account overdrafts, to establish the cause of action for the purpose of limitation (statute barred) so probably not relevant in your case.

9. Dyrdens Limited has not sent any of these documents to me.

10. On the 01/10/2015 I sent a formal request for a copy of the original agreement to Cabot Financial UK Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

12: On the 14^th October I asked Drydens Limited if we may agree to extend the time period allowed for filing of my defence to allow Drydens Limited and Cabot Financial UK Ltd (correct?) additional time to produce the relevant documentation to evidence their claim, however they have failed to respond.

That's fine if that appears as the name of the claimant and they did not respond to your request as opposed to refusing.

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

Do I need to write anything else? I should also note again that Drydens did send me a letter acknowledging my complaint (pre CPR and CCA requests). Their procedure states that they aim to send a final response within 4 weeks of my complaint (which in now up) and if they can’t respond in 4 weeks they will write me an update on their progress (Nothing to date)

If the claimant is Cabot Financial (UK) Limited, possibly something about their not being currently authorised by the FCA: http://www.legalbeagles.info/forums/...nancial-UK-Ltd:grin:

Also just checking (maybe the obvious). Do I need to send copies of my letters / emails along with the above defence?

Not at this stage. Later on, if the case progresses, you will draft your witness statement and attach your evidence (emails, letters, etc.) as exhibits. :thumb:

AND FINALLY
I’ve read I can send my defence by email to the court – would this be through the MONEY CLAIM. GOV WEBSITE?

You can file your defence on the MCOL website.

Cos I can’t find an email address on the claim form?

The email address is ccbcdefendants@hmcts.gsi.gov.uk

You would only have to use it if you were not able to log in to MCOL. :typing:

[Chattyone]

Re: DrysdenFairfax / Cabots

Thanks for posting that up, :yo: it's very helpful, I usually have to go back to the top of the thread to look at the particulars of claim.

Yes, the particulars of claim are a statement of case.


Yes, because they refer to an agreement regulated by the Consumer Credit Act and s.87 of the Act makes it a requirement to serve a DN before the agreement can be terminated.


There is no mention of that document in the particulars of claim and it's relevant mostly to current account overdrafts, to establish the cause of action for the purpose of limitation (statute barred) so probably not relevant in your case.


That's fine if that appears as the name of the claimant and they did not respond to your request as opposed to refusing.


If the claimant is Cabot Financial (UK) Limited, possibly something about their not being currently authorised by the FCA: http://www.legalbeagles.info/forums/...nancial-UK-Ltd:grin:


Not at this stage. Later on, if the case progresses, you will draft your witness statement and attach your evidence (emails, letters, etc.) as exhibits. :thumb:


You can file your defence on the MCOL website.

The email address is ccbcdefendants@hmcts.gsi.gov.uk

You would only have to use it if you were not able to log in to MCOL. :typing:

Wow, I didn't expect to get a message at this time of the evening on a Sunday - Ta muchly!!!!

[mystery1]

Re: DrysdenFairfax / Cabots

Thanks for posting that up, :yo: it's very helpful, I usually have to go back to the top of the thread to look at the particulars of claim.

Yes, the particulars of claim are a statement of case.


Yes, because they refer to an agreement regulated by the Consumer Credit Act and s.87 of the Act makes it a requirement to serve a DN before the agreement can be terminated.


There is no mention of that document in the particulars of claim and it's relevant mostly to current account overdrafts, to establish the cause of action for the purpose of limitation (statute barred) so probably not relevant in your case.


That's fine if that appears as the name of the claimant and they did not respond to your request as opposed to refusing.


If the claimant is Cabot Financial (UK) Limited, possibly something about their not being currently authorised by the FCA: http://www.legalbeagles.info/forums/...nancial-UK-Ltd:grin:


Not at this stage. Later on, if the case progresses, you will draft your witness statement and attach your evidence (emails, letters, etc.) as exhibits. :thumb:


You can file your defence on the MCOL website.

The email address is ccbcdefendants@hmcts.gsi.gov.uk

You would only have to use it if you were not able to log in to MCOL. :typing:

Possibly ? :scared:

Definitely.




3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. The claimant is put to proof that is licensed to conduct regulated consumer credit business.


Or something ...... or anything ........

M1

[mystery1]

Re: DrysdenFairfax / Cabots

Possibly ? :scared:

Definitely.




3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. The claimant is put to proof that is licensed to conduct regulated consumer credit business.


Or something ...... or anything ........

M1

Should probably be more expansive than that but it's late. Don't ignore it though.

M1

[Chattyone]

Re: DrysdenFairfax / Cabots

Should probably be more expansive than that but it's late. Don't ignore it though.

M1

Got the message Mystery1 - I've been reading that thread with interest. We'll see how it pans out. Thanking you.

[Chattyone]

Re: DrysdenFairfax / Cabots

Hello Good People
So the court has acknowledged my defence, and have said that Drydens may contact me to resolve any dispute informally. If it can’t be resolved, the claimant will inform the court that they wish to proceed and the court will inform me of what will happen.

In the meantime, Drydens have not responded to my email (dated 14.10.2015) chasing up my CPR request. However they have sent me a letter also dated 14.10.2015 (coincidental?) but not arriving until 22.10.2015 acknowledging my original CPR request (sent by post) and said they have asked Cabots for the documents I requested and have asked that the claim be pushed back until 17.11.2015.

On 24^th October, they sent another letter (dated 16.10.2015 and again not arriving until 7 days later) in response to my complaint saying that they hope to send me a detailed reply regarding their investigation by 14.11.2015 (a Saturday).

This means that I will have only Sunday and Monday to write up my defence in time for 17.11.2015. Up to now – I’ve received nothing from Drydens. Is this some kind of ploy to pile on the pressure?

Is there anything that I can start writing in my defence until Saturday?

[nemesis45]

Re: DrysdenFairfax / Cabots

Hi, No agreement provided yet?
Best way to start a defence is to read some of the other
Cabot threads with defences it will give you an idea of
wording and format make a draft using your data post
it here and we go through it with you.
nem

[Chattyone]

Re: DrysdenFairfax / Cabots

Hi, No agreement provided yet?
Best way to start a defence is to read some of the other
Cabot threads with defences it will give you an idea of
wording and format make a draft using your data post
it here and we go through it with you.
nem

Nothing.

Thanks Nemesis. Will do

[nemesis45]

Re: DrysdenFairfax / Cabots

Nothing.

Thanks Nemesis. Will do

Let me know when you done it [MENTION=55034]nemesis45[/MENTION] will find me.

nem

[Chattyone]

Re: DrysdenFairfax / Cabots

I finally got a response from Dryden – not to any of my letters (CPR and CCA request) but to my complaint (made by phone) that I thought their letter to be ambiguous and misleading (please see my 1^st post).

As expected they didn’t uphold my complaint because they claim that their letter states that they require clear payment proposals and because the £50 payment I made was late (only by 4 days) – and so they issued proceedings.
They’ve also said that they’ve put my file on hold for 14 days so that I can discuss payment proposals. But this 14 days falls outside 17 November by which I have to submit a defence. Am I missing something here or would they have informed the court of this?

They end with “please consider this to be our final response regarding the complaint you have raised”.
I find this confusing because:

1. As I mentioned at the start of this post they have not addressed my CPR and CCA requests.
2. They claim to have put my file on hold - but this ignores my 17 Nov cut off date.
3. Much as it pains me – particularly with a DCA operating without a valid license - is this the time to suggest a payment proposal. I’m still unemployed – and will not be able to afford much?

[Chattyone]

Re: DrysdenFairfax / Cabots

@nemesis45

[nemesis45]

Re: DrysdenFairfax / Cabots

I finally got a response from Dryden – not to any of my letters (CPR and CCA request) but to my complaint (made by phone) that I thought their letter to be ambiguous and misleading (please see my 1^st post).

As expected they didn’t uphold my complaint because they claim that their letter states that they require clear payment proposals and because the £50 payment I made was late (only by 4 days) – and so they issued proceedings.
They’ve also said that they’ve put my file on hold for 14 days so that I can discuss payment proposals. But this 14 days falls outside 17 November by which I have to submit a defence. Am I missing something here or would they have informed the court of this?

They end with “please consider this to be our final response regarding the complaint you have raised”.
I find this confusing because:

1. As I mentioned at the start of this post they have not addressed my CPR and CCA requests.
2. They claim to have put my file on hold - but this ignores my 17 Nov cut off date.
3. Much as it pains me – particularly with a DCA operating without a valid license - is this the time to suggest a payment proposal. I’m still unemployed – and will not be able to afford much?

Good morning Chatty

1. The lack of the CCA is a bar to enforcement, but the payment muddies the water somewhat.

2. I doubt they have informed the court, check tomorrow. Court Offices open 1000hrs.

3. It is unclear if Cabot Financial UK is licenced or not. I suspect it may be properly trading
as part of a licenced group of companies now and is just a trading style of the parent company.

nem