Sending CCA request to Cabot but dont have account number & CPR Particulars clarity

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Good morning Emerald,
My sympathy for your loss.

MC are trying I guess to find out if you have the agreement and any other documents relating to the claim.
Tell them that all relevant documents (if any) will be disclosed as and when ordered by the court.
MC is doing this because I suspect they are having difficulties in getting documents themselves.

Make a draft defence and post here then we can go over it with you.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Ok will draft a letter to Mortimer or call them today, and will get defence ready and post up,
Thanks

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Ok will draft a letter to Mortimer or call them today, and will get defence ready and post up,
Thanks

Dont phone keep a paper trail.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Oh ok, I was just worried about the time passed since they sent the letter. But will do, thanks again

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Oh ok, I was just worried about the time passed since they sent the letter. But will do, thanks again

Always keep a paper trail, calls are to easy to deny.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi nem

sent letter off to mortimer on thursday.

and have attempted my defence please see below. you thoughts are much appreciated. ive left out some bits of info i.e claim number and dates etc, Point 5 & 6 was a tricky one for me. pt 5 - on the claim it states on or around 1/05/2008, which isnt exact for me plus i know when i entered into agreement and that wasnt the exact date (near but not correct). pt 6 - there is no information on claim as to when it was assigned

by chance tried to log in to MCOL and having problems with password, called and theres no joy so thinking i will email it over to them with a word doc as attachement, will this be okay given my deadline is on Tuesday?

Defence
1: I received the claim Bxxxxxx from Northampton County Court on 20^th October 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 Loan 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 when the agreement was entered into. just says on or around on claim – not exact so could I leave 5 in or remove it?

6. The Claimants statement of case states that the account was assigned from British Credit Trust to Cabot Financial UK LTD on XXXXXXX. The Defendant does not recall receiving notice of this assignment. The claim doesnt provide a date - should i remove the date and leave as it was simply assigned?

7. It is denied that British Credit Trust 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 xxx November 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cabot Financial UK LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Cabot Financial UK LTD has not sent any of these documents to me.

10. On the xxx November 2015 I sent a formal request for a copy of the original agreement to Mortimer Solicitors pursuant to section [77] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4)] 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi nem

sent letter off to mortimer on thursday.

and have attempted my defence please see below. you thoughts are much appreciated. ive left out some bits of info i.e claim number and dates etc, Point 5 was a tricky one for me as on the claim it states on or around 1/05/2008, which isnt exact for me plus i know when i entered into agreement and that wasnt the exact date (near but not correct)

by chance tried to log in to MCOL and having problems with password, called and theres no joy so thinking i will email it over to them with a word doc as attachement, will this be okay given my deadline is on Tuesday?

Defence
1: I received the claim Bxxxxxx from Northampton County Court on 20^th October 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 Loan 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 when the agreement was entered into. just says on or around on claim – not exact so could I leave 5 in or remove it? The on or around statement is ok so remove (5)

6. The Claimants statement of case states that the account was assigned from British Credit Trust to Cabot Financial UK on 1/09/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that British Credit Trust 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 xxx November 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cabot Financial UK. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. CPR request should have gone to the solicitor.

9. Cabot Financial UK has not sent any of these documents to me.

10. On the xxx November 2015 I sent a formal request for a copy of the original agreement to Mortimer Solicitors pursuant to section [77] of the Consumer Credit Act 1974 along with the statutory £1 fee. CCA request should have gone to Cabot, MC should though pass it to Cabot and inform you that it has done so.

11. The Claimant has failed to comply with [s77 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4)] 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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

OK see points above.

nem

- - - Updated - - -

Hi nem

sent letter off to mortimer on thursday.

and have attempted my defence please see below. you thoughts are much appreciated. ive left out some bits of info i.e claim number and dates etc, Point 5 was a tricky one for me as on the claim it states on or around 1/05/2008, which isnt exact for me plus i know when i entered into agreement and that wasnt the exact date (near but not correct)

by chance tried to log in to MCOL and having problems with password, called and theres no joy so thinking i will email it over to them with a word doc as attachement, will this be okay given my deadline is on Tuesday?

Defence
1: I received the claim Bxxxxxx from Northampton County Court on 20^th October 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 Loan 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 when the agreement was entered into. just says on or around on claim – not exact so could I leave 5 in or remove it? The on or around statement is ok so remove (5)

6. The Claimants statement of case states that the account was assigned from British Credit Trust to Cabot Financial UK on 1/09/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that British Credit Trust 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 xxx November 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cabot Financial UK. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. CPR request should have gone to the solicitor.

9. Cabot Financial UK has not sent any of these documents to me.

10. On the xxx November 2015 I sent a formal request for a copy of the original agreement to Mortimer Solicitors pursuant to section [77] of the Consumer Credit Act 1974 along with the statutory £1 fee. CCA request should have gone to Cabot, MC should though pass it to Cabot and inform you that it has done so.

11. The Claimant has failed to comply with [s77 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4)] 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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

OK see points above.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Thank you, also point 6 - assignment to Cabot - there's no date on the claim - can I leave the date off or should I remove point 6 all together.

I've looked at some other defences some of which are quite different, was considering including or changing some points but if what I have here is sufficient might just leave that.

[Kati]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

just take the date out of it xx

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

amended version

Defence
1: I received the claim Bxxxxxx from Northampton County Court on 20th October 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 Loan 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 Claimants statement of case states that the account was assigned from British Credit Trust to Cabot Financial UK. The Defendant does not recall receiving notice of this assignment.

6. It is denied that British Credit Trust 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.

7: On the 31st October 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Solicitors LTD. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Termination notice.

8. Mortimer Solicitors LTD has not sent any of these documents to me.

9. On the 30th October 2015 I sent a formal request for a copy of the original agreement to Cabot Financial UK LTD pursuant to section [77] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s77 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4)] Consumer Credit Act 1974 cannot enforce the agreement.

11. 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

12. 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.

13. 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.

14. 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.

15. 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 .................................................. ....


Re: CCA request sent to Cabot CCA

nemesis:- request should have gone to Cabot, MC should though pass it to Cabot and inform you that it has done so.
MC hasn't informed me that they have passed to Cabot

I've removed point 5 and renumbered all points, also amended (date removal) original point 6 (now 5)

In terms of signing the defence, how do I go about this, would I need to print off sign and then scan or could I just type my name on it.

Thanks for your help

- - - Updated - - -

Thanks kati

[Kati]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

no problem :yo:

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

amended version

Defence
1: I received the claim Bxxxxxx from Northampton County Court on 20th October 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 Loan 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 Claimants statement of case states that the account was assigned from British Credit Trust to Cabot Financial UK. The Defendant does not recall receiving notice of this assignment.

6. It is denied that British Credit Trust 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.

7: On the 31st October 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Solicitors LTD. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Termination notice.

8. Mortimer Solicitors LTD has not sent any of these documents to me.

9. On the 30th October 2015 I sent a formal request for a copy of the original agreement to Cabot Financial UK LTD pursuant to section [77] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s77 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4)] Consumer Credit Act 1974 cannot enforce the agreement.

11. 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

12. 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.

13. 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.

14. 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.

15. 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.

Name.............................................. ............ Defendant Date..................................'


Sign.............................................. ....:



Signed …………………………………………

Dated .................................................. ....


Re: CCA request sent to Cabot CCA

nemesis:- request should have gone to Cabot, MC should though pass it to Cabot and inform you that it has done so.
MC hasn't informed me that they have passed to Cabot

I've removed point 5 and renumbered all points, also amended (date removal) original point 6 (now 5)

In terms of signing the defence, how do I go about this, would I need to print off sign and then scan or could I just type my name on it.

Thanks for your help

- - - Updated - - -

Thanks kati

Thanks [MENTION=49370]Kati[/MENTION].
Was the CCA request sent to MC by signed for post?
If so change to sent to MC by signed for post then state request has no been complied with.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi Nemesis

Yes the CCA was sent by signed for post and I have made the amends in my defence.

I've just sent it by email as called the courts who confirmed I could do so seeing as MCOL was playing up.

Its now just a waiting game....thank you so much for your support in all this.. gave me the confidence to take the necessary actions.
I am away for a week over the xmas period but will keep you informed on any progress.
Thanks again

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi Nemesis

Yes the CCA was sent by signed for post and I have made the amends in my defence.

I've just sent it by email as called the courts who confirmed I could do so seeing as MCOL was playing up.

Its now just a waiting game....thank you so much for your support in all this.. gave me the confidence to take the necessary actions.
I am away for a week over the xmas period but will keep you informed on any progress.
Thanks again

Hi, yes please keep us up to date on progress.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi Nemesis
Happy new year.
I was away over the Xmas. After I posted my defence I had a feeling id receive correspondence from Cabot whilst away and so said so done.

I received mail from both parties
Cabot sent through agreement, statements from british credit trust up to June 2014 (not including any payments I've made from 2014-2015) in addition a statement of account (December 2015) on no headed paper with dates of some of my direct payments but the dates however don't correspond.

Mortimer sent me the same documented and said they've requested additional documents from their client which will be sent to me as soon as they can.
They also sent a settlement proposal with a 40% discount which there willing to accept payment for through instalments.
However the letter dated 18/12 required me to respond within 14days otherwise it'd be withdrawn. I never got back from my hols until last night and when I worked it out the 14 day period would have been the 1st jan.

In addition the offer mentions they'd send me a tomlin order if I agreed.
Not quite sure of how to approach this given the timeframe has expired and also what this all means.
Any advice would be greatly appreciated.

Ps haven't received notice of assigment or default notice.