Solicitors refusing to release information without signature.

[WineGums]

Re: Solicitors refusing to release information without signature.

OK, in that case you may want to look at the claim form and see who appears as the claimant, is it Cabot Financial (UK) Limited by any chance? If so, look here: http://www.legalbeagles.info/forums/...bot#post581135

Hi,

I've checked the Claim form and the claimant is indeed Cabot Financial (UK) Limited.

Do you think I should point this out at this stage or submit as part of my defence?

I've checked all letters that I have from Restons and Cabot and the current creditor is always been Cabot Financial UK Limited.

Thanks for everyone's help so far.

[FlamingParrot]

Re: Solicitors refusing to release information without signature.

Hi,

I've checked the Claim form and the claimant is indeed Cabot Financial (UK) Limited.

Do you think I should point this out at this stage or submit as part of my defence?

I've checked all letters that I have from Restons and Cabot and the current creditor is always been Cabot Financial UK Limited.

Thanks for everyone's help so far.

Hi (I love Wine Gums by the way :grin

With regards to pointing that out you may want to look at this post : http://www.legalbeagles.info/forums/...223#post582223 :grin:

It's still early days so we don't know what response (if any) such a letter will elicit from the solicitors but, as they say, it's worth a try. At the very least it will show that you are on the ball.

Regardless of their authorisation status or any response you get from them (or otherwise), you still need to make sure your defence is filed before the deadline. :clock:

[WineGums]

Re: Solicitors refusing to release information without signature.

Hi,

a quick update, today I received a letter from Cabot saying re the CCA 77-79 request, stating that they don't currently have the relevant details on file and have requested them from the original owner, etc.

Have heard nothing more from Restons since sending a signed letter back requesting CPR info or in response to the letter copied from the other thread re Cabot Finance (UK) Limited not being licensed, I also e-mailed the court, etc.

I guess it is time to file a 'no-information' defence? The deadline is the 30th of this month but I'd like to make sure I get it done early.

Thanks

WineGums

[Amethyst]

Re: Solicitors refusing to release information without signature.

Good plan

http://www.legalbeagles.info/forums/...t-Court-Claims

for a starting point

[FlamingParrot]

Re: Solicitors refusing to release information without signature.

Hi,

a quick update, today I received a letter from Cabot saying re the CCA 77-79 request, stating that they don't currently have the relevant details on file and have requested them from the original owner, etc.

Hi

Just their generic response to every CCA request, which is true, as they wouldn't have the documents, they'll have to rely on the original creditor to supply them.

Have heard nothing more from Restons since sending a signed letter back requesting CPR info or in response to the letter copied from the other thread re Cabot Finance (UK) Limited not being licensed, I also e-mailed the court, etc.

Have you written to them chasing up the CPR request? Or was it just the letter about Cabot not being licensed?

I guess it is time to file a 'no-information' defence? The deadline is the 30th of this month but I'd like to make sure I get it done early.

You've still got a week to draft it, would be an idea if you could post up your draft before sending it. :typing:

[WineGums]

Re: Solicitors refusing to release information without signature.

Have you written to them chasing up the CPR request? Or was it just the letter about Cabot not being licensed?

You've still got a week to draft it, would be an idea if you could post up your draft before sending it. :typing:

Yes, two seperate letters, one chasing the CPR request, with a signature and one about Cabot not being licensed.

I will post up the defence once I've got it together.

I really appreciate all the help and advice everyone :tongue2:

Thanks.

[WineGums]

Re: Solicitors refusing to release information without signature.

Hi,

got so far with the template linked above, just having a bit of an issue with the CPR request to the solicitor as I found a generic letter by googling and didn't realise that they needed to have mentioned documents in their statement of case.

Statement of case is earlier in this thread but doesn't mention any documents or evidence that they want to rely upon.

I sent : "REQUEST FOR INFORMATION IN RESPECT OF YOUR COUNTY COURT CLAIM NUMBER xxxxxxxx

In respect of your account number: xxxxxxxxxxxx and ref: xxxxxxxx

I have received a recent court claim from your organisation. In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Lloyds Bank.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

4. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.

Yours sincerely,"

I'm not sure if I should omit the point completely or say that I asked for information as above but none was forthcoming?

Thanks

WineGums

[FlamingParrot]

Re: Solicitors refusing to release information without signature.

Hi,

got so far with the template linked above, just having a bit of an issue with the CPR request to the solicitor as I found a generic letter by googling and didn't realise that they needed to have mentioned documents in their statement of case.

Hi

Good grief! Where did you find that? :eek2: That's not a request under CPR 31.14 or even a Part 18 request. :noidea: It doesn't even quote any legislation it's sent under, sounds like a mixture of a SAR request, a CCA request and God knows what else. :confused2:

Statement of case is earlier in this thread but doesn't mention any documents or evidence that they want to rely upon.

They never do specifically, however, you can request whatever is referred to:

The Particulars of Claim on the Claim Form don't mention any evidence that they wish to rely on, simply :-

"The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and XXXXXX Bank
dated on or about MMM DD 2008 and assigned
to the Claimant on MMM DD 2014

In this case it would have been just the 'contract' or agreement and the notice of assignment.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.

Our CPR requests give just 7 days, after all they are supposed to have documents before issuing a claim, however, in view of what's requested in that letter, it will probably take them 14 days just to read it! :lol:

I'm not sure if I should omit the point completely or say that I asked for information as above but none was forthcoming?

That isn't a valid CPR request I'm afraid, :mmph: have they replied at all? Like saying that you have no right to ask for all that?

[WineGums]

Re: Solicitors refusing to release information without signature.

Hi again,

I realise I'm a bit of an idiot for sending that, that it is not a valid request and that ignorance is no defense but you live and learn

The only response from Restons is the letter saying that they wouldn't respond as there was no signature.

Should I mention that I requested information from them and they refused to give anything or just delete the point from the defence as I screwed up the request?

This is the wording I'd substituted :- "8. On the 1^st October 2015 I sent a request for inspection of documents relating to the case to Restons Solicitors Limited so that I may properly prepare my defence.

9. Restons Solicitors Limited has not sent any documents that they or their clients hold or intend to rely on to me."

Again probably worthless, but unfortunately I'm not legally trained and hadn't found this place before jumping in feet first to try to defend myself :-(

[FlamingParrot]

Re: Solicitors refusing to release information without signature.

It shouldn't be a big deal because you won't be enforcing the request with an unless order, so you can just say you asked for documents and none were supplied, although you may want to leave out the CPR 31.14 bit.

They are still in default of your CCA request so the debt's still unenforceable. :thumb:

In the end if they want to go all the way they will be ordered by the court to supply the paperwork at least 14 days before the hearing. :typing:

[WineGums]

Re: Solicitors refusing to release information without signature.

Hi,

Ok, been working on defence and also received a letter from Restons re Cabot Financial (UK) Limited having lapsed registration, I'll post details on the other thread (http://www.legalbeagles.info/forums/...ighlight=cabot ) about that.

draft of defence, any advice or changes? :-

1. I received the claim xxxxxxxx from the County Court Business Centre, Northampton, on 1^st October 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 Loan agreement regulated under the Consumer Credit Act 1974.

4. The Claimant, Cabot Financial (UK) Limited, does not hold a current license with the FCA and has not since the 28^th February 2015. According to s39 of the consumer credit act carrying on activities for which a license is required without one is a criminal offence. According to s40 of the consumer credit act enforcement of a debt is impossible without a license. The claim should therefore stand struck out.

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial (UK) Limited on 27^th June 2014. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Lloyds Bank 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 1^st October 2015 I sent a request for inspection of documents relating to the case to Restons Solicitors Limited so that I may properly prepare my defence.

9. Restons Solicitors Limited has not sent any documents that they or their clients hold or intend to rely on to me.

10. On the 1^st October 2015 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) Consumer Credit Act 1974 and by virtue of s77(4) Consumer Credit Act 1974 cannot enforce the agreement.

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.

15. 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 .................................................. ....

[nemesis45]

Re: Solicitors refusing to release information without signature.

Does the reply from Restons impact on your defence?

nem

[WineGums]

Re: Solicitors refusing to release information without signature.

Does the reply from Restons impact on your defence?

nem

I'm not 100% sure, they claim that Cabot Financial (UK) Limited are exempt from requiring authorisation, I'm not convinced so thought I'd leave it in (Point 4) and build up a view/arguments as I learn more.

[Amethyst]

Re: Solicitors refusing to release information without signature.

has affect on para 4

4. The Claimant, Cabot Financial (UK) Limited, does not hold a current license with the FCA and has not since the 28th February 2015. According to s39 of the consumer credit act carrying on activities for which a license is required without one is a criminal offence. According to s40 of the consumer credit act enforcement of a debt is impossible without a license. The claim should therefore stand struck out.

[nemesis45]

Re: Solicitors refusing to release information without signature.

I'm not 100% sure, they claim that Cabot Financial (UK) Limited are exempt from requiring authorisation, I'm not convinced so thought I'd leave it in (Point 4) and build up a view/arguments as I learn more.

Can we see Restons reply please.

nem