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

**nemesis45** · 12th October 2015, 11:52:AM

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

Originally posted by Robin Hoodie View Post

Received a claim? Yes
Issue Date: 28-9-2015
Amount approx: 3942.93
Claimant: Cabot
Solicitor: Restons
Original Credit: Lloyds

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant(s) under contract between the Defendant(s) and Lloyds Bank dated on or about July 10 2008 and assigned to the Claimant on July 15 2014.
Particulars a/c no: *******************

Date: **/08/2015 Default balance: 3942.00
Post Refrl Cr NIL

TOTAL 3942.00

Stat Barred? No

Have sent:

Other Info:
This is now VERY URGENT so any help from anyone would be greatly appreciated!

Hi welcome to LB,

Have you acknowledged service of the claim. You can do this online at MCOL (money claim online)
What type of account is this, Credit card /Loan/Current account/overdraft?
A fuller history of the debt will help us to advise.

nem

- - - Updated - - -

Please explain the urgency!

nem

**FlamingParrot** · 12th October 2015, 12:32:PM

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

Originally posted by Robin Hoodie View Post

Amount approx: 3942.93
Claimant: Cabot
Solicitor: Restons

Can you tell us WHO is the name of the claimant as it appears on the claim form? Is it Cabot Financial (UK) Limited by any chance? If so, this may be of interest to you: http://www.legalbeagles.info/forums/showthread.php?69837-Cabot-Financial-(uk)-limited-Unlicensed-trading&p=581107#post581107

Originally posted by Robin Hoodie View Post

Original Credit: Lloyds

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant(s) under contract between the Defendant(s) and Lloyds Bank dated on or about July 10 2008 and assigned to the Claimant on July 15 2014.
Particulars a/c no: *******************

What sort of account was this? As they only mention a 'contract' rather than a credit agreement regulated by the CCA, it sounds like it may be a current account overdraft. The lack of reference to a default notice also suggests that may be the case. :noidea:

If it was an overdraft, you wouldn't send a CCA request but you'd still send a CPR 31.14 request for documents mentioned in the particulars of claim, in this case just the contract and notice of assignment as there's no mention of anything else. You'll find the letter here: http://www.legalbeagles.info/forums/...382#post410382

Originally posted by Robin Hoodie View Post

Issue Date: 28-9-2015

Originally posted by Robin Hoodie View Post

This is now VERY URGENT so any help from anyone would be greatly appreciated!

I assume you are referring to the need to acknowledge service, which should be done within 14 days. Today is 14 days from date of issue, however, you wouldn't have received the claim on the same day. In any case, you should acknowledge service a.s.a.p. and you should be able to do it online on the MCOL site using the P/W printed on your claim form. :typing:

See here for detailed instructions: http://www.legalbeagles.info/forums/...313#post499313

**Robin Hoodie** · 12th October 2015, 12:46:PM

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

Hi there, Many thanks for your kind reply. Have now acknowledged service online, so feel a bit safer about that. The claim was issued 28/09, so I thought there would be some urgency right now?

lane:

**FlamingParrot** · 12th October 2015, 13:00:PM

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

Originally posted by Robin Hoodie View Post

Hi there, Many thanks for your kind reply. Have now acknowledged service online, so feel a bit safer about that. The claim was issued 28/09, so I thought there would be some urgency right now?

lane:

Well done :clap2:

Now that the pressure's off, you have 33 days from the 28th of September to file a defence, i.e till the end of the month: http://www.timeanddate.com/date/date...aw=&ad=33&rec= :ranger:

That gives you time to send your CPR request to Restons and also, could you please look into the issues mentioned above with regards to the type of account and the claimant's company name? :thumb:

**Robin Hoodie** · 12th October 2015, 13:25:PM

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

Hi Flaming Parrot, and many thanks for your very helpful reply.

The claimant is listed as CABOT FINANCIAL (UK) LTD. I've had a look at the thread you sent re: this, but I'm not clear what the implications are?

I've checked and it's in relation to a credit card. Am now reading through and preparing CPR 31.14 letter as you've mentioned:
http://www.legalbeagles.info/forums/...382#post410382

Thanks again for your kind help,
Robin

**nemesis45** · 12th October 2015, 13:56:PM

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

Originally posted by Robin Hoodie View Post

Hi Flaming Parrot, and many thanks for your very helpful reply.

The claimant is listed as CABOT FINANCIAL (UK) LTD. I've had a look at the thread you sent re: this, but I'm not clear what the implications are?

I've checked and it's in relation to a credit card. Am now reading through and preparing CPR 31.14 letter as you've mentioned:
http://www.legalbeagles.info/forums/...382#post410382

Thanks again for your kind help,
Robin

Don't forget a CCA request direct to Cabot for a copy of the
agreement relevant to this claim ( I see Cabot have been careful
not to mention a regulated agreement)

There is a £1 statutory fee to pay, Cabot has 12 + 2 working days to comply.
Use a cheque or postal order endorsed " For Statutory Fee Only" There's
a template in the Forum Library for this.
Reston May well decline the CPR31.14 request which can be chased up. however
don't chase the CCA request as non compliance renders the debt unenforceable
until the agreement is supplied. Cabot is currently claiming that this doesn't apply
to it because it is not the" creditor". This can be ignored.

nem

**FlamingParrot** · 12th October 2015, 14:15:PM

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

Originally posted by Robin Hoodie View Post

Hi Flaming Parrot, and many thanks for your very helpful reply.

The claimant is listed as CABOT FINANCIAL (UK) LTD. I've had a look at the thread you sent re: this, but I'm not clear what the implications are?

Hi RobinHoodie

Basically that they have been issuing claims whilst not being authorised by the FCA.

Originally posted by Robin Hoodie View Post

I've checked and it's in relation to a credit card. Am now reading through and preparing CPR 31.14 letter as you've mentioned:

Ah, in that case you will also want to send the CCA request to CABOT directly in addition to the CPR 31.14 letter to RESTONS.

They should reply in 12+2 working days :flypig: but won't be able to send you the documents within that timescale since they are not the original creditor and will be relying on Lloyds to dig up the paperwork. They may well tell you that it will take them 40 days or whatever, either way the account will be unenforceable once the time's up until they come up with something compliant. The CCA request requires a £1 PO and you'll find the letter here: http://www.legalbeagles.info/forums/...y-of-Agreement As they are not the original creditor, I'd suggest sending the second, more in-depth version. Ignore the 2007 post date, it has been updated. :thumb:

Any questions just shout. :director:

**FlamingParrot** · 12th October 2015, 14:23:PM

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

Originally posted by Robin Hoodie View Post

Hi Flaming Parrot, and many thanks for your very helpful reply.

The claimant is listed as CABOT FINANCIAL (UK) LTD. I've had a look at the thread

This is a letter that was sent to the solicitors acting for Cabot in this case in view of Cabot's lack of authorisation. As it was only on Friday we don't yet know what response (if any) they'll get but it's worth reminding them: http://www.legalbeagles.info/forums/...223#post582223 :grin:

**Robin Hoodie** · 20th October 2015, 08:51:AM

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

Hi Flaming Parrot,

I've drafted my letters below, though I'm wondering how I'm now doing for time as it's about a week since I last posted any info?

================================================

XXXXXXX

CABOT FINANCIAL (UK) LIMITED
XXXXXXXXXXXXXXXXXXXX

18 October 2015

Dear Sirs,

Your Ref: XXXXXXXXX
Case No: XXXXXXXXX - CABOT FINANCIAL (UK) LTD v XXXXXXXXX
Account No: XXXXXXXXX

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours sincerely,

XXXXXXXXX
=================================================
POC are as follows:
The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank dated on or about xxxxx 2007 and assigned to the Claimant on xxxxx 2014.
PARTICULARS A/C NO: xxxxxxxxxxxxxxxxxxx
DATE xxxx / ITEM Default Balance / VALUE xxxxxxxxx
Post Refrl Cr NIL
TOTAL xxxxxxxxx

================================================== ==
XXXXXXXXX

RESTONS SOLICITORS LTD
XXXXXXXXX

18 October 2015

Dear Sirs,

Your Ref: XXXXXXXXX
Case No: XXXXXXXXX - CABOT FINANCIAL (UK) LTD v XXXXXXXXX

Request for documents mentioned in statement of case under CPR 31.14

I have received a County Court claim from you for the above mentioned case number. I would like to confirm I have sent my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onXX XXXX 201X.

Please treat this letter as my legal request made under CPR 31.14 for you to disclose a verified and legible copy of each of the following documents that are mentioned in your Particulars of Claim:

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. As the Defendant, I am fully entitled to see the documents on which the Claimant relies, because you will have to produce these documents at trial.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as I am allowed under CPR 15.5 so that I may notify the court.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I look forward to hearing from you.

Yours sincerely,

XXXXXXXXX
=================================================
Any help from anyone would be greatly appreciated

lane:

Many thanks,
Robin

**FlamingParrot** · 20th October 2015, 09:29:AM

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

Originally posted by Robin Hoodie View Post

Hi Flaming Parrot,

I've drafted my letters below, though I'm wondering how I'm now doing for time as it's about a week since I last posted any info?

Hi

If the date printed on the claim is Sept 28th you have till the very end of the month (Oct 31st) to file your defence: http://www.timeanddate.com/date/date...aw=&ad=33&rec= :thumb:

Originally posted by Robin Hoodie View Post

POC are as follows:
The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank dated on or about xxxxx 2007 and assigned to the Claimant on xxxxx 2014.
PARTICULARS A/C NO: xxxxxxxxxxxxxxxxxxx
DATE xxxx / ITEM Default Balance / VALUE xxxxxxxxx
Post Refrl Cr NIL
TOTAL xxxxxxxxx

================================================== ==
XXXXXXXXX

RESTONS SOLICITORS LTD
XXXXXXXXX

18 October 2015

Dear Sirs,

Your Ref: XXXXXXXXX
Case No: XXXXXXXXX - CABOT FINANCIAL (UK) LTD v XXXXXXXXX

Request for documents mentioned in statement of case under CPR 31.14

I have received a County Court claim from you for the above mentioned case number. I would like to confirm I have sent my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onXX XXXX 201X.

Please treat this letter as my legal request made under CPR 31.14 for you to disclose a verified and legible copy of each of the following documents that are mentioned in your Particulars of Claim:

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. As the Defendant, I am fully entitled to see the documents on which the Claimant relies, because you will have to produce these documents at trial.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as I am allowed under CPR 15.5 so that I may notify the court.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I look forward to hearing from you.

Yours sincerely,

XXXXXXXXX

With regards to the CPR request, you can only ask for documents mentioned on the particulars of claim, which in this case are very sparse and mention only a 'contract' and assignment, so all you can request would be a copy of the 'Agreement or Contract' and the 'Notice of Assignment'. I see no mention of a Default Notice or Final Demand in the particulars so you can't ask for copies of those under CPR 31.14. :mmph:

**FlamingParrot** · 20th October 2015, 09:36:AM

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

Originally posted by Robin Hoodie View Post

CABOT FINANCIAL (UK) LIMITED

Originally posted by Robin Hoodie View Post

Any help from anyone would be greatly appreciated

lane:

As the claimant is the unlicensed Cabot Financial (UK) Limited, you may want to look at this post, which I'm re-quoting below for convenience. :thumb:

It may seem like a lot but it's mostly a matter of copying and pasting and just filling in the bits highlighted in red. You can do most of it by email/online. :typing:

A) To be emailed to: cabotcustomer@cabotfinancial.com

Subject: Court claim xxxxxxx

Dear Cabot Financial (UK) Limited,

I am in receipt of court claim xxxxxxxx and note that Cabot Financial (UK) Limited are the claimant. I note that upon searching the FCA register that the license for conducting regulated consumer credit activities lapsed on 28/02/15. I would like to draw your attention to S39 of the consumer credit act which makes carrying on activities for which a license is required, without one, a criminal offence.

Yours sincerely

B) To be sent to Restons.

(I don't think they accept correspondence by email, you may want to ring and ask them, otherwise it will have to be posted but it certainly is worth it. :grin

Subject: Court claim xxxxxxx

Dear Sirs,

In the matter of Cabot Financial (UK) Limited v me Ref #######

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by xxxx and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA register that the status of the claimants license is LAPSED and it did indeed lapse on 28/02/2015 which i note is before the claim was initiated and the said statement of truth signed by xxxx. I would like to draw your attention to s.39 of the Consumer Credit Act which makes carrying on activities for which a license is required without one, a criminal offence. It is also potentially contempt of court for xxxx to sign a statement of truth for a court claim on which they cannot have had a reasonable belief in its truth.

I would point out that s.40 of the Consumer Credit Act makes enforcement without a license impossible.

I await with interest your response.

Yours sincerely

C) To be emailed to the court: ccbcdefendants@hmcts.gsi.gov.uk

Subject :- Court claim xxxxxxx Cabot Financial (UK) Limited v ME

To the manager of the court.

Please put this letter before the judge.

I would like draw to the attention of the court that the claimant is carrying on regulated consumer credit business without a valid license. The FCA register number for Cabot Financial (UK) Limited is 472690 and shows as lapsed and also that it lapsed on 28/02/15.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

This will obviously be a feature of my defence however due to the large volume of these claims i felt the court should be informed so any investigation deemed necessary, or not, could reduce the burden placed upon the courts.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court as they cannot have held an honest believe in the truth of the statement and i would ask that that particular matter be referred to the Attorney General.

Yours sincerely

D) Report to the SRA: http://www.sra.org.uk/home/contactus.page -> Select - consumer- other and proceed to step 3.

Subject - Criminal act - Consumer credit - Solicitor aiding

I would like to inform the SRA that Restons Solicitors have lodged court papers against me on behalf of Cabot Financial (UK) Limited. I appreciate that doesn't seem like a problem so please bear with me.

Cabot Financial (UK) Limited is, according to the FCA register for consumer credit, no longer a license holder and has not been since 28/02/2015. Registration number 472690.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court and have asked the court to refer this to the Attorney General.

Yours sincerely

**Robin Hoodie** · 27th October 2015, 16:37:PM

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

Hope that all is well with you, Flaming Parrott. Many Thanks for all your kind help. Am now awaiting reply from Restons, though am thinking I should perhaps begin to prepare to file defence by this Sunday, 31 October? Case was issued Sept 28. Any help would be greatly appreciated.
:bats: Best Wishes, Robin

**nemesis45** · 27th October 2015, 16:59:PM

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

Originally posted by Robin Hoodie View Post

Hope that all is well with you, Flaming Parrott. Many Thanks for all your kind help. Am now awaiting reply from Restons, though am thinking I should perhaps begin to prepare to file defence by this Sunday, 31 October? Case was issued Sept 28. Any help would be greatly appreciated.
:bats: Best Wishes, Robin

Hi I'm coming to your thread late so please answer the questions below.
what exactly did you send to Reston and or Cabot please?
What if anything have you had from Cabot and or Reston.
What have you to defend the claim other than failure of the CCA,?
I would NOT rely on the alleged lack of licence authority.

nem

**Amethyst** · 27th October 2015, 17:45:PM

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

Nem, the letters are like 2 posts down...

Originally posted by Robin Hoodie View Post

Hope that all is well with you, Flaming Parrott. Many Thanks for all your kind help. Am now awaiting reply from Restons, though am thinking I should perhaps begin to prepare to file defence by this Sunday, 31 October? Case was issued Sept 28. Any help would be greatly appreciated.
:bats: Best Wishes, Robin

Yes, you should try and get your defence in on Friday really, although before Monday will be okay if you don't manage it.

There is an example defence http://www.legalbeagles.info/forums/...t-Court-Claims - if you want to do a draft and post it up xx

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