Court Claim - Cabot / Lloyds - 28-9-2015

[charitynjw]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Analogy

".............so when the policeman asked me to produce my driving licence, I said, no problem, give me 3 months to do so, will you?"

Yeah, right!

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Analogy

".............so when the policeman asked me to produce my driving licence, I said, no problem, give me 3 months to do so, will you?"

Yeah, right!

"Is this your car, sir?"
It's automatic, but I have to be here..

Any help regarding filing defence, etc, would be truly appreciated, njw.

Many thanks,

Robin lane:lane:lane:

[Amethyst]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Great thanks for your kind help.

I've had some discussions with a one or two lawyers and I'm now somewhat confused as to what to do next...
I've been told the extension won't be an extension under CPR 15.5 - I think this is because an order has already been made? So, if the Claimant's solicitors agree to an extension for filing and serving defence, a consent order will need to be drafted and sent to the court. There is a court fee of £50 for this. I was advised the legal fees for drafting a Consent Order will be between £450 - £700 plus VAT - to cover drafting the Order and the related correspondence.

Very confusing, quite frankly. Any help truly appreciated!

Robin :colbert:

I wouldn't go with an extension to be honest, you can agree between parties to extend the date on the order, but presumably you submitted some form of draft defence to the court for the set aside application - even just based on lack of documentation - particularly the credit agreement - ( can you post or link to what you are defending on then we can help you expand it )

What do you want a consent order for ?

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

I wouldn't go with an extension to be honest, you can agree between parties to extend the date on the order, but presumably you submitted some form of draft defence to the court for the set aside application - even just based on lack of documentation - particularly the credit agreement - ( can you post or link to what you are defending on then we can help you expand it )

What do you want a consent order for ?

Great thanks for your kind help!

It sounds like the consent order isn't the best approach other than to rack up higher costs? A lawyer suggested this to me...

I haven't submitted any defence yet... I previously made an application to order the Claimant to provide documents or have the case struck out. This application was granted - then set aside last month as follows:

GENERAL FORM OF JUDGEMENT OR ORDER:
Before District Judge XXXX sitting at County Court XXXX onXXXX.
Upon hearing Counsel for the Claimant and the Defendant inperson:
IT IS ORDERED THAT:
1. The Order of XX XXXX 2015 is set aside.
2. The Defendant shall send to the Court and theSolicitors for the Claimant a fully particularised Defence to the Claim by 4pm onFeb 12 2016.
3. The Claimant shall by 4pm on XXX April 2016 sendto the Defendant copies of the following documents:
a) The Credit Agreement
b) The Default Notice
c) Notice of Assignment
Dated Jan XXXX 2016
All suggestions gratefully received!

Thanks,

Robin :help:

[Amethyst]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Daft having an order that asks for defence before documents as your defence really is going to be the basic http://www.legalbeagles.info/forums/...t-Court-Claims without the docs.

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Daft having an order that asks for defence before documents as your defence really is going to be the basic http://www.legalbeagles.info/forums/...t-Court-Claims without the docs.

Great Thanks for your kind help!

Am now URGENTLY sorting out defence statement.

Any suggestions from anyone would be truly appreciated!

Thanks,

Robin :fencing:

IN THE XXXXX COUNTY COURT

ClaimNo. XXXXX

BETWEEN:

CABOT FINANCIAL UK LTD

Claimant

- and –

Defendant

XXXXXXXX

_________________________________

DEFENCE OF XXXXXX
_________________________________

1. On XXXX2015, I received Claim XXXX made by Cabot Financial UK Ltd in the Northampton County Court.

2.Each and every allegation in the Claimant’s statement of case is denied, unless specifically admitted in this defence.

3. The claim is said to be for a credit card agreement regulated under the ConsumerCredit Act 1974. However, the Claimant’s statement of case fails to give a clear date when the agreement was made.

4. The Claimant’s stated Particulars of Claim have failed to make any direct reference to legal documents which will substantiate the claim. Unless I am provided with sufficient, accurate information and documents from the Claimant, I am unable to fully assess my position in regards to the claim.

5. The Claimant states that the account was assigned from XXXX to Cabot Financial UK Ltd on XXXXX. I do not recall receiving a Notice of Assignment.

6. The Claimant is required to prove XXXX served a compliant Default Notice pursuantto s87 of the Consumer Credit Act 1974. I do not recall receiving any Default Notice.

7. On XXXX 2015, I wrote to the Claimant's Solicitors, Restons. Under Civil Procedure Rule 31.14, I asserted my legal right that I am fully entitled to inspectall documents relating to the Claimant’s statement of case.

8. As of today, XXXXX 2016 – nearly XXX months since my written request on XXXX2015 – Restons Solicitors have failed to forward legal documents relating tothis matter.

9. On XXXX 2015, I also wrote to the Claimant, Cabot Financial UK Ltd, and I requested a copy of the original agreement pursuant to section 78 of the Consumer CreditAct 1974. I enclosed the statutory fee of £1.00.

10. Overthe past XXXX months, Cabot Financial UK Ltd have written to me a total of XXX times.In all XXX letters, the Claimant has confirmed they have no documentswhatsoever to prove their claim. The Claimant’s correspondence to me is includedwith this defence. Their letters are as follows:

XXXX 2015 [EXHIBIT A]: Cabot Financial UK Ltd acknowledged the 12-day time limitbefore their claim would become unenforceable. They requested 40 days to forwardlegal documents, including: the original agreement; the statement of account;the original and varied terms from the original lender – pursuant to s 77-79 ofthe Consumer Credit Act 1974.

XXX 2015 [EXHIBIT B]: The Claimant requested further time to provide legaldocuments and confirmed the agreement is now unenforceable.

XXXX 2016 [EXHIBIT C]: The Claimant yet again requested a further 30 days toprovide legal documents.

11.Under Civil Procedure Rule 16.5 (4), the Claimant is legally required to provean allegation that money is owed.

To date, the Court has twice ordered theClaimant to provide legal documents in order for me to fully plead my case.

Firstly,on XXXX 2015, the Northampton County Court ordered Cabot Financial UK Ltd toprovide legal documents proving their claim by 4:00 p.m. on XXX 2015. The Court ruled that if documents were not provided, the claim would be struck out without further order, and ordered my costs to be paid by Cabot Financial UK Ltd.

Secondly,on XXXX 2016, the XXXX Court again ordered Cabot Financial UK Ltd to providelegal documents proving their claim, including: The Credit Agreement; TheDefault Notice; and The Notice of Assignment.

12. I wish to draw the Court’s attention to the fact that the Claimant and their Solicitors are no longer confirming any account number at all in their N244 application form, or in their written statement to the Court, or in their letter to me - all of which are dated XXXX 2015. Once again, to avoid doubt, I require the Claimant to plead effectivelyand to disclose clear legal documents to prove their claim.

13. I also wish to draw the Court’s attention to the fact that shortly after XXXXX confirmedthat Cabot Financial UK Ltd’s claim is unenforceable - both Restons Solicitorsand Cabot Financial UK Ltd chose to deliberately mislead the Court by requestingdefault judgement on an agreement that they had already confirmed to be unenforceable.

14. OnXXXX 2015, XXXX, at Restons Solicitors, made a further N244 application and astatement to the Court. I find it highly notable that XXXX says the statement ismade from information provided by XXXX at Cabot Financial UK Ltd. I say thisbecause it again contains a further shameful omission of not mentioning XXXX lettersin Cabot Financial Ltd’s N244 application and statement to the Court dated XXXXX2015.

15. Ireserve my position to amend my defence upon receipt of legal documents whichthe Court has repeatedly ordered the Claimant to provide. Once I am in aposition to amend my defence, I will ask the Claimant to agree to extend thetime period allowed for filing my defence as allowed under CPR 15.5. I willalso ask that the Claimant bear the costs of the amendment, because theClaimant has already stated that a search for documents began XXXXXX months ago,during XXXX 2015 – whereas all legal documents should in fact have been fullyprepared and available for inspection by both the Court and the Defendant atthe outset of this claim.

I believe that the facts stated in this defence are true.

Signed:

Dated: XXXX 2016
--------------------------------------------------------------

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Great Thanks for your kind help!

Am now URGENTLY sorting out defence statement.

Any suggestions from anyone would be truly appreciated!

Thanks,

Robin :fencing:

IN THE XXXXX COUNTY COURT

ClaimNo. XXXXX

BETWEEN:

CABOT FINANCIAL UK LTD

Claimant

- and –

Defendant

XXXXXXXX

_________________________________

DEFENCE OF XXXXXX
_________________________________

1. On XXXX2015, I received Claim XXXX made by Cabot Financial UK Ltd in the NorthamptonCounty Court.

2.Each and every allegation in the Claimant’s statement of case is denied, unlessspecifically admitted in this defence.

3. Theclaim is said to be for a credit card agreement regulated under the ConsumerCredit Act 1974. However, the Claimant’s statement of case fails to give aclear date when the agreement was made.

. 4. TheClaimant’s stated Particulars of Claim have failed to make any direct referenceto legal documents which will substantiate the claim. Unless I am provided withsufficient, accurate information and documents from the Claimant, I am unableto fully assess my position in regards to the claim.

5. The Claimant states that the account was assigned from XXXX to Cabot FinancialUK Ltd on XXXXX. I do not recall receiving a Notice of Assignment

. 6. TheClaimant is required to prove XXXX served a compliant Default Notice pursuantto s87 of the Consumer Credit Act 1974. I do not recall receiving any Default Notice.

7. On XXXX 2015, I wrote to the Claimant's Solicitors, Restons. Under CivilProcedure Rule 31.14, I asserted my legal right that I am fully entitled to inspectall documents relating to the Claimant’s statement of case.

8. As of today, XXXXX 2016 – nearly XXX months since my written request on XXXX2015 – Restons Solicitors have failed to forward legal documents relating tothis matter.

9. On XXXX 2015, I also wrote to the Claimant, Cabot Financial UK Ltd, and I requesteda copy of the original agreement pursuant to section 78 of the Consumer CreditAct 1974. I enclosed the statutory fee of £1.00.

10. Overthe past XXXX months, Cabot Financial UK Ltd have written to me a total of XXX times.In all XXX letters,

the Claimant has confirmed they have no documentswhatsoever to prove their claim.

The Claimant’s correspondence to me is includedwith this defence.

Their letters are as follows: XXXX 2015 [EXHIBIT A]: Cabot Financial UK Ltd acknowledged the 12-day time limit before their claim would become unenforceable.

. They requested 40 days to forwardlegal documents, including: the original agreement; the statement of account;the original and varied terms from the original lender – pursuant to s 77-79 ofthe Consumer Credit Act 1974. XXX 2015 [EXHIBIT B]:

The Claimant requested further time to provide legaldocuments and confirmed the agreement is now unenforceable. XXXX 2016 [EXHIBIT C]: The Claimant yet again requested a further 30 days toprovide legal documents.

11.Under Civil Procedure Rule 16.5 (4), the Claimant is legally required to provean allegation that money is owed. To date, the Court has twice ordered theClaimant to provide legal documents in order for me to fully plead my case.

Firstly,on XXXX 2015, the Northampton County Court ordered Cabot Financial UK Ltd toprovide legal documents proving their claim by 4:00 p.m. on XXX 2015.

The Courtruled that if documents were not provided, the claim would be struck outwithout further order, and ordered my costs to be paid by Cabot Financial UKLtd

. Secondly,on XXXX 2016, the XXXX Court again ordered Cabot Financial UK Ltd to providelegal documents proving their claim, including: The Credit Agreement; TheDefault Notice; and The Notice of Assignment.

12. I wishto draw the Court’s attention to the fact that the Claimant and theirSolicitors are no longer confirming any account number at all in their N244application form, or in their written statement to the Court, or in theirletter to me - all of which are dated XXXX 2015. Once again, to avoid doubt,

I require the Claimant to plead effectivelyand to disclose clear legal documents to prove their claim.

13. I alsowish to draw the Court’s attention to the fact that shortly after XXXXX confirmedthat Cabot Financial UK Ltd’s claim is unenforceable - both Restons Solicitorsand Cabot Financial UK Ltd chose to deliberately mislead the Court by requestingdefault judgement on an agreement that they had already confirmed to beunenforceable.

14. OnXXXX 2015, XXXX, at Restons Solicitors, made a further N244 application and astatement to the Court. I find it highly notable that XXXX says the statement ismade from information provided by XXXX at Cabot Financial UK Ltd. I say thisbecause it again contains a further shameful omission of not mentioning XXXX lettersin Cabot Financial Ltd’s N244 application and statement to the Court dated XXXXX2015.

15. Ireserve my position to amend my defence upon receipt of legal documents whichthe Court has repeatedly ordered the Claimant to provide. Once I am in aposition to amend my defence, I will ask the Claimant to agree to extend thetime period allowed for filing my defence as allowed under CPR 15.5.

I willalso ask that the Claimant bear the costs of the amendment, because theClaimant has already stated that a search for documents began XXXXXX months ago,during XXXX 2015 – whereas all legal documents should in fact have been fullyprepared and available for inspection by both the Court and the Defendant atthe outset of this claim.

I confirm that the statements above are true to the best of my knowledge and belief.





Signed:



Dated: XXXX 2016
--------------------------------------------------------------

Hello Robin.

I have formatted the defence, but need to go back and sort out the numbering of the paragraphs and the sub para need to be index as 5 (a) etc.
The spacing between words need sorting too.

When you have done this tag me [MENTION=55034]nemesis45[/MENTION] then I'll go through it again, as it was I doubt a judge would have bothered to read it.

nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Hello Robin.

I have formatted the defence, but need to go back and sort out the numbering of the paragraphs and the sub para need to be index as 5 (a) etc.
The spacing between words need sorting too.

When you have done this tag me @nemesis45 then I'll go through it again, as it was I doubt a judge would have bothered to read it.

nem

Many thanks, nem.

The formatting got muddled when I copied and pasted the text to the forum. Otherwise it's fine on the original file.

If yourself or anyone reading has any thoughts on the points mentioned - then please do let me know.

Thanks for your help,

Robin lane:lane:lane:

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Hi Everyone!

Very urgent help needed. The Claimant in this case was ordered by the court to produce:
The Credit Agreement;
The Default Notice;
The Notice of Assignment
- by a date earlier this week.

I have now heard from their solicitors on the deadline date. And they have enclosed a copy of a signed agreement which purports to be signed and dated by me - though it is dated several months before the date specified in the POC of their original claim. The copy of the agreement is also not signed by any bank representative, and all the other sections of the form are not completed at all - e.g. Payment Protection, Sentinel Card Cover, etc.

The Claimant's solicitors have now stated that the signed agreement proves my liability for the debt. They have also applied for a further extension of time to provide the remaining two documents: The Default Notice; and The Notice of Assignment. Though they have not specified how much more time they want/need...

They have supposed to have been searching for documents since September 2015...

I could appoint a lawyer, though I am trying to keep the costs down...

Any advice about what to do would be greatly appreciated!!

Many thanks,

Robin :help:

[MIKE770]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

[MENTION=1937]nemisis[/MENTION] seems to me they are bluffing/Puffing, who says the CCA1974 is enforceable?

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Hi Everyone!

Very urgent help needed. The Claimant in this case was ordered by the court to produce:
The Credit Agreement;
The Default Notice;
The Notice of Assignment
- by a date earlier this week.

I have now heard from their solicitors on the deadline date. And they have enclosed a copy of a signed agreement which purports to be signed and dated by me - though it is dated several months before the date specified in the POC of their original claim. The copy of the agreement is also not signed by any bank representative, and all the other sections of the form are not completed at all - e.g. Payment Protection, Sentinel Card Cover, etc.

The Claimant's solicitors have now stated that the signed agreement proves my liability for the debt. They have also applied for a further extension of time to provide the remaining two documents: The Default Notice; and The Notice of Assignment. Though they have not specified how much more time they want/need...

They have supposed to have been searching for documents since September 2015...

I could appoint a lawyer, though I am trying to keep the costs down...

Any advice about what to do would be greatly appreciated!!

Many thanks,

Robin :help:

Hello Robin,

Please let us see the agreement remove personal data and post a copy here.
nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Also: if anyone can point me in the direction of similar cases here on the forum, or send any links to similar cases, I would be truly grateful for your help. :noidea:

Thanks,
Robin

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Also: if anyone can point me in the direction of similar cases here on the forum, or send any links to similar cases, I would be truly grateful for your help. :noidea:



Thanks,
Robin

It will be easier to advise on this Robin if you post a copy of the agreement.

nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

@nemisis seems to me they are bluffing/Puffing, who says the CCA1974 is enforceable?

Great thanks to you both for your kind help. I won't have access to a scanner until tomorrow evening.

Should I also consider making a counter-application to try to prevent them from getting a further extension of time when they've yet again failed to meet the order to provide all documents? Or should I instead just try to limit the extension that the court allows them?

Advice very appreciated.

Robin

- - - Updated - - -

It will be easier to advise on this Robin if you post a copy of the agreement.

nem

Thanks nem.
Was just wondering what happens when an agreement is produced with a signature that purports to belong to the defendant? I haven't been able to find such cases on the forum yet...

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Great thanks to you both for your kind help. I won't have access to a scanner until tomorrow evening.

Should I also consider making a counter-application to try to prevent them from getting a further extension of time when they've yet again failed to meet the order to provide all documents? Or should I instead just try to limit the extension that the court allows them?

Advice very appreciated.

Yes certainly, how far out of time are they on the order.
nem






Thanks nem.
Was just wondering what happens when an agreement is produced with a signature that purports to belong to the defendant? I haven't been able to find such cases on the forum yet...

Needs to be carefully looked at Robin.

nem