Cabot vs Ssrhstan

[Ssrhstan]

Hello this is my first post to a forum.

I received a County Court Claim Form dated 12 October 2015.

i have followed the advice on here and filed an acknowledgement of service. I have sent a CCA request to Cabot and a CPR to Restons Sols.

the particulars of Claim are:

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank dated on or about 24 Feb 2005 and assigned to the Claimant on Feb 28 2014.

total o/s £3372.68

Background
I paid my credit card monthly until my husband was made redundant in 2010, when I called Lloyds to ask for help, they weren't interested and the following month they reduced my credit limit from £9k to £3k, which I had already exceeded, so in addition to the late payment fees and interest charges they added 'over limit' fees. I started to pay £25.00 a month this amount was never formally agreed with Lloyds but they took it and all was quiet until last year when Cabot started to harass me with up to 10 calls a day and countless letters telling me I shouldn't make any further payments to Lloyds but deal with them instead. I made a final payment to Lloyds on 30th October 2014. I sent a CCA request to Cabot at the beginning of this year and heard nothing, the phone calls and letter stopped, but now I have received this, yikes I'm scared!

[nemesis45]

Re: Cabot vs Ssrhstan

Hello this is my first post to a forum.

I received a County Court Claim Form dated 12 October 2015.

i have followed the advice on here and filed an acknowledgement of service. I have sent a CCA request to Cabot and a CPR to Restons Sols.

the particulars of Claim are:

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank dated on or about 24 Feb 2005 and assigned to the Claimant on Feb 28 2014.

total o/s £3372.68

Background
I paid my credit card monthly until my husband was made redundant in 2010, when I called Lloyds to ask for help, they weren't interested and the following month they reduced my credit limit from £9k to £3k, which I had already exceeded, so in addition to the late payment fees and interest charges they added 'over limit' fees. I started to pay £25.00 a month this amount was never formally agreed with Lloyds but they took it and all was quiet until last year when Cabot started to harass me with up to 10 calls a day and countless letters telling me I shouldn't make any further payments to Lloyds but deal with them instead. I made a final payment to Lloyds on 30th October 2014. I sent a CCA request to Cabot at the beginning of this year and heard nothing, the phone calls and letter stopped, but now I have received this, yikes I'm scared!

Hi Welcome to LB,
Please don't get scared there plenty of help here!

Can you Please either post up a copy of the claim form after removing personal identifiers, or type in full the particulars of the claim.

So Cabot has not responded to a CCA request earlier this year, did you send the £1 statutory fee Cabot often ignores requests made without the fee.
nem
Are you sure this is a credit card debt?

[Ssrhstan]

Re: Cabot vs Ssrhstan

Thank you so much for your quick reply. Yes, its definitely a Lloyds Platinum Credit Card, don't have much other debt, thankfully. Yes when I sent the CCA earlier this year, I sent the £1.00, sent the same again today, as I said earlier, it went quiet until now!

I can't scan at home but will do so tomorrow at wrok and post the claim form up.

Once again thanks for your help.

[nemesis45]

Re: Cabot vs Ssrhstan

Thank you so much for your quick reply. Yes, its definitely a Lloyds Platinum Credit Card, don't have much other debt, thankfully. Yes when I sent the CCA earlier this year, I sent the £1.00, sent the same again today, as I said earlier, it went quiet until now!

I can't scan at home but will do so tomorrow at wrok and post the claim form up.

Once again thanks for your help.

Happy to help.
I'll watch out for the post tomorrow .
nem

[FlamingParrot]

Re: Cabot vs Ssrhstan

Hello this is my first post to a forum.

I received a County Court Claim Form dated 12 October 2015.

i have followed the advice on here and filed an acknowledgement of service. I have sent a CCA request to Cabot and a CPR to Restons Sols.

the particulars of Claim are:

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank dated on or about 24 Feb 2005 and assigned to the Claimant on Feb 28 2014.

total o/s £3372.68

Hi and welcome

Your first step should be to acknowledge service of the claim and tick the box saying you intend to defend in full. Full instructions here: http://www.legalbeagles.info/forums/...313#post499313

Below you'll find the steps to take upon receipt of a claim:

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Once you acknowledge the claim, you will have up to 33 days from the date printed on the claim to file a defence, you have to keep to this deadline even if you get no response from either the claimant or their solicitors.

The particulars of claim are rather sparse and as you can only ask for documents mentioned on them on your CPR request, you can only request a copy of the following:

• The agreement or contract
• The notice of assignment

They seem to deliberately leave out the default notice. :confused2:

Background
I paid my credit card monthly until my husband was made redundant in 2010, when I called Lloyds to ask for help, they weren't interested and the following month they reduced my credit limit from £9k to £3k, which I had already exceeded, so in addition to the late payment fees and interest charges they added 'over limit' fees. I started to pay £25.00 a month this amount was never formally agreed with Lloyds but they took it and all was quiet until last year when Cabot started to harass me with up to 10 calls a day and countless letters telling me I shouldn't make any further payments to Lloyds but deal with them instead. I made a final payment to Lloyds on 30th October 2014. I sent a CCA request to Cabot at the beginning of this year and heard nothing, the phone calls and letter stopped, but now I have received this, yikes I'm scared!

If they couldn't find your agreement earlier in the year, they're not very likely to be able to get their dirty hands on it at this stage. You can send a new CCA request as long as you've not sent one in the last 30 days. :thumb:

It would be interesting to see WHO appears as the claimant, is it Cabot Financial (UK) Limited by any chance?

[nemesis45]

Re: Cabot vs Ssrhstan

Hi and welcome

Your first step should be to acknowledge service of the claim and tick the box saying you intend to defend in full. Full instructions here: http://www.legalbeagles.info/forums/...313#post499313

Below you'll find the steps to take upon receipt of a claim:



Once you acknowledge the claim, you will have up to 33 days from the date printed on the claim to file a defence, you have to keep to this deadline even if you get no response from either the claimant or their solicitors.

The particulars of claim are rather sparse and as you can only ask for documents mentioned on them on your CPR request, you can only request a copy of the following:

• The agreement or contract
• The notice of assignment

They seem to deliberately leave out the default notice. :confused2:


If they couldn't find your agreement earlier in the year, they're not very likely to be able to get their dirty hands on it at this stage. You can send a new CCA request as long as you've not sent one in the last 30 days. :thumb:

It would be interesting to see WHO appears as the claimant, is it Cabot Financial (UK) Limited by any chance?

All this has already been done!!

[Ssrhstan]

Re: Cabot vs Ssrhstan

Hello<br><br>Once again thanks for your help.
Hopefully a scanned copy of the Claim Form should be attached. If I've read everything correctly I leave the CCA request, but contact Restons after 14 days if I haven't heard back from my CPR request, is that right?

[FlamingParrot]

Re: Cabot vs Ssrhstan

Hello
Once again thanks for your help.
Hopefully a scanned copy of the Claim Form should be attached. If I've read everything correctly I leave the CCA request, but contact Restons after 14 days if I haven't heard back from my CPR request, is that right?

Hi

Thanks for posting that up. :yo: The particulars of the claim are the usual, very sparse ones, they are using for all Lloyds claims at the moment. :mmph:

There is no need to chase the CCA request as non-compliance is a bar to enforcement and you'd use that in your defence. The CPR request letter gives them 7 days to respond not 14 so once it's been 7 days since receipt (you can see if it's been received on the RM site, hopefully), you should chase that one up, you can do so by phone (I don't think Restons accept anything by email) and say that, since they've not been able to provide you with the paperwork you need to file your defence, would they be so kind as to agree to a 28 day extension as allowed under CPR 31.14. If they agree, you must inform the court in writing.

If you haven't got an extension agreed, you still have to file a defence within 33 days of the date printed on the claim, regardless of whether you've received any documents or not. I note it's issued on the 12th of October, so you have till the 14th of November. :thumb:

[FlamingParrot]

Re: Cabot vs Ssrhstan

Hello
Once again thanks for your help.
Hopefully a scanned copy of the Claim Form should be attached. If I've read everything correctly I leave the CCA request, but contact Restons after 14 days if I haven't heard back from my CPR request, is that right?

On the form I see that 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

[nemesis45]

Re: Cabot vs Ssrhstan

Hello<br><br>Once again thanks for your help.
Hopefully a scanned copy of the Claim Form should be attached. If I've read everything correctly I leave the CCA request, but contact Restons after 14 days if I haven't heard back from my CPR request, is that right?

The POC is very vague!

Yes just chase the CPR 31.14 request 7-14 days after sending, leave the CCA request, come
come back here I anything turns up.

Start thinking about a defence.

Nem

[Ssrhstan]

Re: Cabot vs Ssrhstan

Hello

I have now received the attached reply to my CCA request to Cabot, hopefully I have managed to attach a copy. I am now confused about what I should do. I haven't heard from Restons. Do I ask for an extension or can I file a defense based on the fact that they cannot supply the documentation? I am sorry to ask for more help but I have never been in a situation like this and I'm not sure what the best course of action is.
Thanks again for all your help so far.
S

[nemesis45]

Re: Cabot vs Ssrhstan

Hello

I have now received the attached reply to my CCA request to Cabot, hopefully I have managed to attach a copy. I am now confused about what I should do. I haven't heard from Restons. Do I ask for an extension or can I file a defense based on the fact that they cannot supply the documentation? I am sorry to ask for more help but I have never been in a situation like this and I'm not sure what the best course of action is.
Thanks again for all your help so far.
S

Good morning S,

Standard Carboot claptrap, just ignore that one.
Non compliance with the CCA requests renders the debt unenforceable, but only until the agreement is provided.
Restons will no doubt come back with another daft template in regard to the CPR31.14 request when the do please
let us know, you can chase this one up when Restons respond.

nem

[Ssrhstan]

Re: Cabot vs Ssrhstan

Hello

Another update, I've heard nothing from Restons, so I called this morning, they said that they wrote on the 10th November, but I haven't received this. They did confirm on the telephone that they weren't able to produce any documents. I then asked for an extension in order to prepare my defense which they declined! So I now need to prepare and submit a defense by 14th November. I have searched here and adapted what I have found but would really appreciate it if someone could check it before I submit:

IN THE NORTHAMPTON COURT (CCBC)

CASE No: XXXXXX

Between:

Cabot Financial Limited

-and-

Claimant

Restons Solicitors
Defence

-----------------------------------------------------------------------------------------------
1: I received the claim XXXXXX from the Nothampton County Court on 15/10/2015

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.

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

6. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot on July 18 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 19^th October 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors I requested the Claimant provide copies of the Contract between myself and Lloyds Bank – Credit Card, The Default Notice and The notice of assignment.

9. Restons Solicitors has not sent any of these documents to me.

10. On the 19^th October 2015 I sent a formal request for a copy of the original agreement to Cabot Financial Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (s1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have refused my request.

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

Once again, thank in advance for your help, I would be lost without it.
S

[Ssrhstan]

Re: Cabot vs Ssrhstan

Hello

Another update, I've heard nothing from Restons, so I called this morning, they said that they wrote on the 10th November, but I haven't received this. They did confirm on the telephone that they weren't able to produce any documents. I then asked for an extension in order to prepare my defense which they declined! So I now need to prepare and submit a defense by 14th November. I have searched here and adapted what I have found but would really appreciate it if someone could check it before I submit:

IN THE NORTHAMPTON COURT (CCBC)

CASE No: XXXXXX

Between:

Cabot Financial Limited

-and-

Claimant

Restons Solicitors
Defence

-----------------------------------------------------------------------------------------------
1: I received the claim XXXXXX from the Nothampton County Court on 15/10/2015

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.

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

6. The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot on July 18 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 19^th October 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors I requested the Claimant provide copies of the Contract between myself and Lloyds Bank – Credit Card, The Default Notice and The notice of assignment.

9. Restons Solicitors has not sent any of these documents to me.

10. On the 19^th October 2015 I sent a formal request for a copy of the original agreement to Cabot Financial Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (s1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have refused my request.

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

Once again, thank in advance for your help, I would be lost without it.
S

[R0b]

Re: Cabot vs Ssrhstan

In your defence, you need to refer to yourself as the Defendant not I, it or me as you have put in there e.g. point 2 (point 3 should go above 2).

You may also want to consider adding the following to your defence
- Cabot Financial (UK) are not an authorised firm by the FCA and therefore do not have permission to carry out a regulated activity. As such CF UK are committing a criminal offence.
- invite the court to strike out/dismiss the claim on the basis that there are no reasonable grounds to bring a claim and/or the claimant has acknowledged that they do not have the agreement/notice of assignment in their possession.

I know the templates on here don't do this but it is also worth considering having subheadings in your defence such as Agreement, Disclosure of Documents etc. There is nothing wrong with either one but helps to read better when arguing your defence.