cabot/cap one small courts

[NWHC]

Re: cabot/cap one small courts

myztrman

You said in an earlier post that you acknowledged the claim, how did you do this, by post or online?
Are you sure that the court got that?

If that is the case I think you have something like 33 days to get your defence in so that would be tomorrow
I would be bringing that letter from the solicitors to the notice of the court as it seems like an abuse of process and untrue, they can not go for judgement if you are defending

If you do end up with a ccj and the court set an arrangement to pay, nothing Cabot can say or do will alter that , they can phone all they like

[myztryman]

Re: cabot/cap one small courts

myztrman

You said in an earlier post that you acknowledged the claim, how did you do this, by post or online?
Are you sure that the court got that?

If that is the case I think you have something like 33 days to get your defence in so that would be tomorrow
I would be bringing that letter from the solicitors to the notice of the court as it seems like an abuse of process and untrue, they can not go for judgement if you are defending

If you do end up with a ccj and the court set an arrangement to pay, nothing Cabot can say or do will alter that , they can phone all they like

I did it online I've had no notice to whether it was extended but as I put I was defending I think it gives me another 14 days which would make it the 25th I will be telling the courts everything that has happened so far

[Amethyst]

Re: cabot/cap one small courts

Defence is due 33 days after the date of issue as printed on the form.

Here's an example to get your started with your defence - http://www.legalbeagles.info/forums/...t-Court-Claims - if you have received no documents it should be quite straightforward.

I'll move your thread to the court claim forum too so it doesn't get missed.

[myztryman]

Re: cabot/cap one small courts

So I've spoken to the court today and they have told me my defence needs to be in Monday so gives me the weekend to sort my defence I explained what I've sent and requested and that they have ignored my requests and the court said to put that in writing

i really don't know where to start on a defence so any help would be great, I've looked through templates and confused by the s77/78 stuff also it can only be 120 lines

[NWHC]

Re: cabot/cap one small courts

Just for your info and roughly, Section 77 is for a loan, Section 78 a credit card and section S79 for hire purchase. They relate to the consumer credit act

78Duty to give information to debtor under running-account credit agreement.

(1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor

.




I wouldn't like to advise you on the specifics but
Include that you have sent a S78 request and it has not been complied with. Include that it was received by the claimant on 7/01/16
Include that you do not recall ever having received a default notice (if that is true)
Include that you do not recall ever having received a notice of assignment (again if true)
Include that you requested , and list , what documents and these have not been supplied

I do not think that for an online submission you need to add the statement of truth line

There seems very little to go on to be frank, without seeing the agreement you can not tell if it complies with the consumer credit act and from what I have read on another forum very few from that date do
You may want to include in the defence that you can not ascertain what if any liability there is until you receive the documents

Hope that helps

[myztryman]

Re: cabot/cap one small courts

1 I have sent an s78 request to cabot and it has not been complied with, this was received by them on 7/1/16 with a £1 postal order, they have not acknowledged it at all and I have received no contact from them what so ever and the 7 days required has passed considerably
2 i have also sent a request to drydensfairfax solicitors asking for all there proof the debt is actually mine and they received that letter on the 14/1/16 since then i received a letter dated 19/1/16 from drydens stating they have not heard from me in this case and are moving to pass judgement, i believe they are ignoring my rights to defend myself, 23/1/16 i have received another letter from drydensfairfax confirming receipt of my recent correspondence telling me my account is on temporary hold while they contact there client who have still not proven the debt with my s78 request which they received on 7/1/16
3 I can not ascertain what if any liability there is until i receive the documents
4 the documents i have requested and not received are
a cca s78
cpr 31.14

so is that ok for a defence? is there anything i should add?
i am not very good when it comes to legal matters as you can see with my wording but i have gone for the stupid approach

[NWHC]

Re: cabot/cap one small courts

If you look at this link

http://legalbeagles.info/forums/show...t-Court-Claims

There is a sample defence . I have no idea just how good it is but maybe you could amend yours,
I am afraid it seems like you have been left in the lurch .

I have only found these by looking around and do not know enough to be able to really help
Sorry

[charitynjw]

Re: cabot/cap one small courts

The CCA s78 letter to Cabot - you should allow 12 days (+2 for postage)
After this, they cannot continue until they comply.
Obviously you do not chase Cabot for this.

The CPR 31.14 letter - normally allow 7 days - you can remind them (Drysdens) that you are awaiting a reply.
If you have an email address for them, fire a reminder out. (personally I would also send a letter via Signed For post, but you can get a free certificate of posting at the PO. (Proof of posting is a good idea)
Btw, keep all the envelopes that they send - sometimes the date on the letter & the date of actual posting can be crucial.

Your defense will probably be based around lack of disclosure of claimant's evidence.
Do submit it to court (take a look at other Cabot threads - they also use Mortimer Clarke Solicitors).

Have Drysdens asked for an extention? (normally 28 days)

[charitynjw]

Re: cabot/cap one small courts

If you look at this link

http://legalbeagles.info/forums/show...t-Court-Claims

There is a sample defence . I have no idea just how good it is but maybe you could amend yours,
I am afraid it seems like you have been left in the lurch .

I have only found these by looking around and do not know enough to be able to really help
Sorry

Yes to this (amend as suits your case)

[NWHC]

Re: cabot/cap one small courts

Thank you Charity

I don't know anything about extending deadlines but as the defence is due in tomorrow I am thinking it is too late to get this arranged.

I am glad someone who has some experience has come to the rescue

[myztryman]

Re: cabot/cap one small courts

Have Drysdens asked for an extention? (normally 28 days)

no they have sent a letter saying my account is on hold while they chase cabot for the information I have requested, either way I need to get a defence in so its either now or never I need to get it done asap

[MIKE770]

Re: cabot/cap one small courts

never belive them them stick to time table

[myztryman]

Re: cabot/cap one small courts

1: I received the claim edited from the Northampton County Court on 24/12/15

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 foraCredit Cardagreement 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.

6. The Claimants statement of case states that the account was assigned from Capital one tocabot financial (U.K) limited on 28/09/15. The Defendant does not recall receiving notice of this assignment.

7. It is denied that capital one served any Default notice on the Defendant pursuant to s78 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 13/01/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to drydensfairfax solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment, which was receieved 14/01/16

9. drydensfairfaxhas not sent any of these documents to me but sent a letter dated 19/01/16 stating they have not heard from me regarding this case and have asked the court to grant judgement, also adding the debt to 1871.71 even though the court claim was for 1849.71

10. On the 06/01/16I sent a formal request for a copy of the original agreement to Cabot financial (u.k) limitedpursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. Recorded delivery which was signed for 07/01/16

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: 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.


24/01/16

[myztryman]

Re: cabot/cap one small courts

all done now just a waiting game now, thanks everyone who spared the time to help me in this matter

thank you very much