Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Just as an add on, court claim letter was from Cabot Financial UK Limited now CCA request reply letterhead is Cabot Financial Europe Limited.

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. Just had letter from Cabot regarding CCA request. They do not have the information on file and have requested the relevant details. They acknowledge the 12 day time limit, however as they have to request from original lender they anticipate 40 days. Do I need to email court to let them know this info?

This is their generic template response to everyone who sends a CCA request, whether a claim has been issued or not. You don't need to email that letter to the court. From previous posts, I can see you have already agreed to an extension with MC and informed the court, so you should file your defence before your deadline which would be 33 days from date printed on claim + extension period added on top of that (I'm assuming 28 days were agreed). If you don't get a copy of your agreement from Cabot before that, you just say that they failed to comply with your request. They can't enforce whilst being in default of that request.

Just as an add on, court claim letter was from Cabot Financial UK Limited now CCA request reply letterhead is Cabot Financial Europe Limited.

Ah, most interesting, you may want to look at what PT (who is a very experience consumer credit litigator :yo has just posted up:

forgot to mention the Judicial Ruling in Jones v Link Financial on the point about creditors under assignments.
Now then, Enforcing a regulated agreement, if cabot arent the creditor, who is? who carries the duty of compliance with s77 for example? ahhhh thats easy

1. I agree with Professor Guest that this would apply to the statutory duties under ss.77, 78 (duty to give information to the debtor), ss.76, 87, 98 (duty to serve enforcement, default and termination notices), s.97 (duty to supply settlement figure), s.103 (duty to provide termination statement), and the restrictions on enforcement imposed by ss. 90 and 92. I also agree with him that different considerations may well apply to a pre-assignment liability such as that as may be imposed under ss75, 75A.

and

So the simple point has to be, if the duties of the original creditor under the 1974 Act pass to the new creditor under an assignment, then Cabot as the assignee have an automatic requirement to be authorised.

Hicks made it clear that you cannot use agents to avoid the licensing requirements of the 1974 Act. im sorry if people disagree, im sorry if people get upset that i disagree with the FCA who coincidently dont have a duty to advise on the law and cannot give legal advice, but if someone wishes to put a binding authority on the table that says cabot can do what they are doing, then ill happily accept im wrong.

So they can't use Cabot Financial Europe Limited as their agent.

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. Just wanted a quick catch up. I received my reply from Cabot Financial for my CCA agreement request dated 13th October saying to allow 40 days for them to get the info. We have now just gone over that period. I have had no response from Cabot. I need to file my defence very soon. What do I need to respond in regard to this situation. Many thanks for help given.

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Sorry but another quick question. Does my defence have to be handwritten and posted or can it be done online through MC. Many thanks.

[joedempsey]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Sorry but another quick question. Does my defence have to be handwritten and posted or can it be done online through MC. Many thanks.

OH NO..you should have done your defence by now...not waited for CABOT'S time to run out on the letter...or else they could get default judgement check the status of the claim and get a defence ASAP if they have not requested default judgment yet...hopefully a experienced beagle will push you in the right direction

- - - Updated - - -

Sorry but another quick question. Does my defence have to be handwritten and posted or can it be done online through MC. Many thanks.

OH NO..you should have done your defence by now...not waited for CABOT'S time to run out on the letter...or else they could get default judgement check the status of the claim and get a defence ASAP if they have not requested default judgment yet...hopefully a experienced beagle will push you in the right direction

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

I am now really confused. As I am still within the deadline which would be 33 days from date printed on claim + extension period added on top of that, then I thought defence could be sent at any point before the deadline ends. I assumed that I could just file now that Cabot have not replied to the CCA request.

[joedempsey]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

I am now really confused. As I am still within the deadline which would be 33 days from date printed on claim + extension period added on top of that, then I thought defence could be sent at any point before the deadline ends. I assumed that I could just file now that Cabot have not replied to the CCA request.

sorry looking back i thought you had gone past your 33 days ...pheww must be monday morning...just keep an eye of the dates to be fully sure..

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

No worries. I almost flapped a bit there!! In relation to putting my defence in how does that all work. Does it need to go via signed for mail? Do I just need to put that Cabot have not complied to my request for the CCA? Just want to make sure that all is done as it should be. Many thanks for any help given.

[joedempsey]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

No worries. I almost flapped a bit there!! In relation to putting my defence in how does that all work. Does it need to go via signed for mail? Do I just need to put that Cabot have not complied to my request for the CCA? Just want to make sure that all is done as it should be. Many thanks for any help given.

you can put your defence in by MCOL..i would check back and look through concluded cases with cabot with no documents supplied.
i've never yet had to do a defence but i am sure someone with cabot experience can give you good advise.

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. Have had a quick look on MCOL to see about doing defence. Am assuming need to go back into respond to a claim section after logging in. Have tried to put my claim number and password from my claim form that I previously used, but now coming up as claim number or password incorrect. Have tried numerous times. Same error every time. Any ideas!! Many thanks

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. Have had a quick look on MCOL to see about doing defence. Am assuming need to go back into respond to a claim section after logging in. Have tried to put my claim number and password from my claim form that I previously used, but now coming up as claim number or password incorrect. Have tried numerous times. Same error every time. Any ideas!! Many thanks

MCOL is often inaccessible you will have to contact the court.

nem

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Thanks nem. As its now 41 days since the date on the Cabot letter telling me it will be 40 days to get the info to me, do I send the defence in now or hang on a little while longer to see if I get a letter saying they cannot access the CCA.

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. I need some help and advice in sorting my defence out. MCOL wont let me do it through online as it wont accept my claim number or password. Have had a look at the defence example but just want to make sure that I am sending it through exactly right. Any help gratefully received please. I have about 10 days to get it in!!

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. I have sent in my defence through MCOL over the weekend. Up til that point I had received no reply from Cabot UK regarding my CCA and it was around 45 days after the letter was originally sent from them. However I have received from them today what they describe as a reconstituted true copy of the credit agreement. This is actually no more than 5 pages of photocopied Barclaycard conditions and has no name on it or any specific details whatsoever. They are saying that this now makes the agreement enforceable and they are entitled to obtain a County Court judgement against me. Any advice please.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. I have sent in my defence through MCOL over the weekend. Up til that point I had received no reply from Cabot UK regarding my CCA and it was around 45 days after the letter was originally sent from them. However I have received from them today what they describe as a reconstituted true copy of the credit agreement. This is actually no more than 5 pages of photocopied Barclaycard conditions and has no name on it or any specific details whatsoever. They are saying that this now makes the agreement enforceable and they are entitled to obtain a County Court judgement against me. Any advice please.

Ok they state this is a reconstituted agreement so:

It must have:

1. Your name and address exactly as it was when the account was opened.
2. The creditors name and address ditto.
3. The Ts'& C's relevant when the account was opened.
4. The T's & C's relevant when the account was opened.
5. Any other documents mentioned in the Ts & C's and any material amendments.

How does this compare to what you have received?
Let me know then we can make the next move.

nem