**DISCONTINUED** Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

[NoviceLLB]

Received a claim? Yes
Issue Date: 21-12-2015
Amount approx: £535.70
Claimant: Cabot Financial (UK) Limited
Solicitor: Mortimer Clarke Solicitors Ltd
Original Credit: Bank of Scotland

Particulars of Claim:
By an agreement between Bank of Scotland & t
he Defendant on or around 07/07/2005 ('the A
greement') Bank of Scotland agreed to issue t
he Defendant with a credit card. The Defen
dant failed to make the minimum payments due
& the Agreement was terminated.The Agreeme
nt was assigned to the Claimant. THE CLAIMA
NT THEREFORE CLAIMS 450.70

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:

Apologies for typing the 'Particulars of Claim' as it appeared, but it was so poorly written I felt compelled to do so. Written correctly, it would be as follows:

"By an agreement between Bank of Scotland & the Defendant on or around 07/07/2005 ('the Agreement') Bank of Scotland agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 450.70".

I believe that the debt is statute barred.

Since the particulars do not provide information such as an account number etc, I have to make some assumptions as to what this is regarding.

Looking at an old credit record, I believe that the account was an Aquacard account with a default date of 3 August 2009 which was transferred to Cabot around December 2011. This was reported until August 2015 after which it dropped off my credit file due to 6 years passing.

I believe that the last payment was made on 10th December 2009 via FreshStart Financial Management Limited, who I used for a short amount of time.

I have no other record of payment being made and therefore believe that this debt is Statute Barred. However, I also suspect that my record keeping is far better than Cabot, since their Particulars of Claim is so vague that to me it says nothing of substance at all.

The TOTAL amount claimed is £535.70, made up of:
Amount claimed: £450.70
Court fee: £35.00
Legal representative's costs: £50.00

[Stu]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Was the issue date on the form received from Northampton court 21st December 2015?

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Good morning I think you will need to find out from fresh start exactly when the last payment was made, if your date is correct the alleged debt was statute barred when the claim was issued.

nem:carolers:

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Hi Stu, yes it was 21 Dec 2015.

Nem, I have gone by the latest statement that I have from FreshStart. They no longer exist but I will try contacting Harrington Brooks who now own them, hopefully they will have records.

[Stu]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

As Nem said, if your last payment was on or before the 10th then Cabot have no chance

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Hi I have heard back from Harrington Brooks and unfortunately it appears that the last payment by them may have been made in January 2010. I will have to presume that it is not statute barred. I have heard back from Mortimer Clarke Solicitors regarding my CCA/CPR. I will provide their responses in a separate post below. Please help me as I am unsure what to do now.

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Letter from Mortimer Clarke Solicitors dated 04/01/2016

Dear Sir/Madam

Re: Cabot Financial (UK) Limited
And: [redacted]
Ref: [redacted]
Claim No: [redacted]

Thank you for your letter dated 23/12/2015.

We acknowledge your request for documents pursuant to Section 78 of the Consumer Credit Act 1974.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken.

Yours faithfully

Mortimer Clarke Solicitors

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Letter from Mortimer Clarke Solicitors dated 14/01/2016

Dear Sir/Madam

Re: Cabot Financial (UK) Limited
And: [redacted]
Ref: [redacted]
Claim No: [redacted]

Thank you for your letter dated 23 December 2015.

We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions.

Yours faithfully

Mortimer Clarke Solicitors

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

The documents that I requested in my CPR letter are:

1. Agreement
2. Demand, demands or other documentation from Bank of Scotland showing minimum payments due
3. Statement or statements of account or other documentation from Bank of Scotland showing failure to make minimum payments due
4. Termination of agreement by Bank of Scotland
5. Assignment

Mortimer Clarke Solicitors have still not confirmed an account number for the amount claimed and so I cannot be certain if there was an agreement and if the account even relates to me! I have no way of knowing if it is the Aquacard account that I suspect it may relate to.

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

URGENT
[MENTION=55034]nemesis45[/MENTION] I believe that I need to submit my defence by 4PM on 20 January 2016. Could you please take a look at my draft below and advise on any changes needed or if it is ok to submit?

------------

IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE
CLAIM No: [redacted]

BETWEEN:

CABOT FINANCIAL (UK) LIMITED
CLAIMANT

- and -

[redacted]
DEFENDANT

__________________________________________________ ___________________

DEFENCE
__________________________________________________ ___________________

1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. The Defendant has no recollection of the account details or the amount referred to in this claim. Until such time the Claimant can disclose the necessary documents that this claim relies upon the Claimant’s claim is denied.

3. The Defendant is not aware of any Assignment of any alleged debt nor has any recollection of any Notice of Assignment pursuant to the Law of Property Act 1925.

4. On receipt of the claim the Defendant requested copies of any documents or information that would support the claim. The request was made on 23^rd December 2015 (sent by recorded delivery) by CPR 31.14 and under section 78 Consumer Credit Act 1974. The Claimant has failed to provide any evidence of assignment/balance/breach/contract/agreement.

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6. Therefore the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement or contract; and
b) show what finance and/or services and/or goods they refer to;
c) show how the Defendant has reached the amount claimed for; and
d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

7. As per Civil Procedure rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.

8. By reason of the facts and matters above it is denied that the Claimant is entitled to the relief claimed or any relief at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.


Signed ____________________________

Dated: ____________________________

------------


Thank you so much for all your help so far everyone, the community here is fantastic!

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Hi I have heard back from Harrington Brooks and unfortunately it appears that the last payment by them may have been made in January 2010. I will have to presume that it is not statute barred. I have heard back from Mortimer Clarke Solicitors regarding my CCA/CPR. I will provide their responses in a separate post below. Please help me as I am unsure what to do now.

How sure are you that the payment(s) were made until 2010 (your default date in post #1 is Aug 2009 - is that a default notice sent by the lender?)
It just seems rather 'convenient' that, for the original lender (& for Cabot), while you can't find any record of payment since 2009, something shows up to bring the debt within the 6 year period.
If it were me, unless I was now ok about further payments I would Subject Access Request to Harringtons for all my personal data.
It costs £10 + postage (proof of postage essential)

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Hi charitynjw,

I am 100% sure one small payment was made in January 2010 to Aquacard, as Harrington Brooks sent me their record of a transaction being made. They were happy to send me the transaction history.

However, without Cabot Financial confirming what account they are claiming on, I cannot even be sure if it is the Aquacard account I think it may be.

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

& you're certain that you made that small payment?
Usually the lender would want enough to cover all back payments.

Also, have you got the default notice?

[NoviceLLB]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

Harrington Brooks made a payment to Aquacard (well, the company that purchased the debt from Aquacard - that company is not Cabot Financial) in January 2010. They were representing me at the time.

I cannot be certain that Cabot's claim is for this though, as they haven't made clear who they obtained the debt from.

I may have a default notice for Aquacard, but I will need to check. Will this help me at all?

The Aquacard debt is not on my credit file as the last report was in August 2009 and so it has dropped off my file due to it being more that 6 years.

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Limited / Bank of Scotland - 21-12-2015

So Harrington Brooks is a CMC (credit management)?
Have you googled them?

Aquacard seems to be run by NewDay Ltd (formerly SAV Credit) https://en.wikipedia.org/wiki/NewDay_(company)

I can't find any mention of Bank of Scotland, who are on the particulars of claim, being linked to Aquacard.