Court Claim - Cabot / Lloyds Urgent!

[Quible]

Received a claim? Yes
Issue Date: 13-10-2015
Amount approx: 7356
Claimant: Cabot
Solicitor: Restons
Original Credit: Lloyds
Type: Credit
Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds dated on or about July 10 2001 and assigned to the Claimant on July 15 2012.
Particulars a/c no: *******************

Date: **/08/2015 Default balance: 7356.00
Post Refrl Cr NIL


Stat Barred? No

Have sent: Acknowledgment of Service, CCA request , CPR request

Other Info: I have received a reply from Cabot saying it will take 40 days.
For the CPR I requested a copy of
1. Agreement / Contract
2. Assignment

I received a reply from Restons which I have attached and would appreciate some advice
This is now urgent so any help from anyone would be greatly appreciated!
Thanks

[R0b]

Re: Court Claim - Cabot / Lloyds Urgent!

I am sure someone with better knowledge will help with this and there is definitely plenty of information you can throw back to Restons in a letter regarding CPR 31.14 but lets wait and see what others have to say first

[R0b]

Re: Court Claim - Cabot / Lloyds Urgent!

Hi Quibble,

AOS = acknowledgement? When did you acknowledge the claim?

You will also need to file a defence on this too.

[Quible]

Re: Court Claim - Cabot / Lloyds Urgent!

Hi Rob,
Yes, acknowledgment of service on the 21st October.

Thanks

[R0b]

Re: Court Claim - Cabot / Lloyds Urgent!

Alright so according to my calculations a defence should be submitted by 10 November (28 days from 13 October)?

Personally, if it was me I would be making an application to strike out but I understand this is depending on a persons cash flow. In any event you could sneak it in the defence when you file it. Here's a something I've drafted which you could send back to Restons in the meantime.

Dear Sirs,

Cabot Financial (UK) Limited v [ ]
Reference:

I write further to your letter dated [ ], your comments are noted.

Please confirm that you are instructed by Cabot Financial (UK) Limited and authorised to act on their behalf.

Whilst I do not dispute the fact that a claimant is not required to attach any documents where the claim is made via the MCOL website, this nevertheless does not preclude the Claimant from disclosing documents referred to in its statement of case under the rules of disclosure.

As pointed out by yourselves, CPR 31.14 allows a party to inspect a document that has been mentioned in the Claimant’s statement of case. Furthermore, CPR 31.15 provides that where a party has a right to inspect a document, the disclosing party must provide such document(s) no later than 7 days on which the request was made. The party requesting disclosure need not to explain his reasons for inspection. May I also remind you that as the case is yet to be allocated, the provisions of CPR 27 (2) do not apply.

Refusal of disclosure because the terms and conditions were supplied over 14 years ago is not a justified reason and therefore withholding disclosure of documents amounts to unreasonable behaviour. CPR 1.1 (f) provides that the overriding objective extends to enforcing compliance with rules, practice directions and orders. I therefore reserve the right to draw this letter to the courts attention when considering the case.

As regards to the notice of assignment, I refer you to paragraph 6.5 of the Consumer Credit Sourcebook which specifically states that where the rights of a lender is assigned, the assignee must arrange for notice of the assignment to be given to the customer. You and Cabot have so far failed to provide any notice of assignment and Cabot are therefore in breach of its obligations.

Accordingly, please provide the requested documents as set out in my previous letter within the next 7 days. If such disclosure is not forthcoming, I shall consider an application for disclosure and seek costs incidental of and to the application.

Notwithstanding the above, I also note the following concerns:

1. The particulars of claim do not provide for any cause of action and as such there are no reasonable grounds for bringing the claim; and

2. The pleadings do not contain a sufficiently precise statement of facts upon which you rely.

In light of the above, I shall invite the court to strike out claim on the basis of the above.

Yours faithfully,