Help: Cabot Financial Options Hearing

[oconelec]

Good evening.


Can someone advise me on something regarding an options hearing i have with Optima legal on behalf of Cabot Financial in a Scottish Sheriff Court.


I had an options hearing scheduled for 7th January at Sheriff court, i had requested details from Optima legal regarding the case against me, they replied with a joint motion to sist the action until they could & their clients supply the requested documentation to me, which to date they have failed to produce. I signed the joint motion request & forwarded it to Optima legal, a week later i receive another joint motion to sist from Optima legal stating that the court rejected the joint motion because Optima Legal had sent a photo copy & not an original one with signatures, now as we were only days away from the options hearing Optima Legal requested i sign this joint motion again & that they would deliver it on the day of the hearing at court & stated i need not appear at the scheduled options hearing, i signed the joint motion and sent to optima legal. Now 2 days after the scheduled options hearing i have received a letter from Optima legal stating that the Sheriff refused the joint motion to sist the action & that the Sheriff commented that i had lodged a defence to the court action but that it was not in the proper court form, i have been requested to lodge a written note of my defence by 7 days. Can anyone please advise me what this means & in what type of form are the relating to.


Regards.


Sean.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Hi,

Was this a Ordinary Cause claim.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Good evening.

Thanks for your reply, much appreciated.

Yes i believe it is an Ordinary cause claim.

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Good evening.

Thanks for your reply, much appreciated.

Yes i believe it is an Ordinary cause claim.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Did you fill in and return the Notice of Intention to Defend (NID) (Court form O7) that was included in the persuers copy initial writ that the sheriff officer served on you.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Good evening Rohan.

Thank you for the reply.
Yes Rohan, i sent in my intention to defend in October, i at the same time i made a cpr request to Cabots solicitors Optima legal, they replied that they were requesting this information from Cabot & requested that i sign a joint motion to put the case on hold.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Hi,

I would think they were talking about returning Form 07 within 7 days, you said the Sheriff commented that you had lodged a defence to the court action but that it was not in the proper court form, I would phone the Sheriff Court on Monday and speak to a Clerk who will explain everything you need to do.

If possible I always find it easier to go into the Court and have a word with the clerk, normally they are very helpful.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Hi Rohan.

Thanks again. Rohan is there any way i can post up the defence i sent into them for you to look at.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Hi Rohan.

Thanks again. Rohan is there any way i can post up the defence i sent into them for you to look at.

Sorry I don't have a clue how you would go about that.

[oconelec]

Re: Help: Cabot Financial Options Hearing

INTHE ABERDEEN SHERIFF COURT




CourtReference Number : xxxxxxxx




BETWEEN:


Cabot Financial (UK) Limited Claimant


-and-


Mr Sean xxxxxx Defendant




Defence

1. The Defendant does not recognise the alleged debt to Cabot Financial (UK) Limited.
   
2. The Defendant believes the litigation brought by the Claimant to be an abuse of process.
   
3. The Defendant made a request to the Claimant (Attached) on the 15/05/2015 pursuant to s78(1) Consumer Credit Act1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain information, documentation & such.
   
4. The Claimant has failed to reply to the request of the Defendant & has not disclosed any documents relating to their claim.
   
5. Accordingly the Claimant has failed to comply with s78(1) Consumer Credit Act 1974.
   
6. The Defendant to date has not been given an opportunity to examine any documents relating to the alleged debt, the alleged executed agreement, default notice, notice of assignment or any record of payment.
   
7. The Defendant requests, that in light of the Claimants failure to supply the requested information & documentation, that the Defendant reserves the right to amend his defence if the requested documentation is disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant & the failure to respond to the s78 (1) Consumer Credit Act 1974. The Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.
   
8. The Defendant has also sent a request for inspection of documents on the 24/10/2015 to Optima Legal Solicitors (Attached) mentioned in their statement of case as allowed under CPR 31.14. Optima Legal to date have failed to comply with this request. Optima Legal have replied requesting a joint motion to request the court to sist the action to allow for the documentation to be produced for the Defendant, this letter was dated 29/10/2015 the Defendant signed & returned the Form G6 to Optima Legal immediately. To date the Defendant still has no access to the requested documents, the Defendant feared that waiting any longer before entering his defence would result in a default verdict against him. In light of the failure once more in requesting documentation regarding this claim, the Defendant requests the right to amend his defence and reclaim any associated costs of amendment from the Claimant. Without being allowed to examine the documents requested, the Defendant had to enter his defence at a disadvantage.

1. The Defendant believes that the request by Optima Legal to postpone proceedings
   indicates the Claimant was respectfully, not in possession of documentation to base any alleged claim prior to having instigated litigation proceedings against the Defendant, acting rather in hope than by proof of any alleged executed credit agreement. The Defendant feels once more the litigation brought by the claimant to be an abuse of process.
   
   
2. The Defendant claims not to have received a default notice from either the alleged original creditor or the Claimant in regards to the alleged debt.

1. 1. The Defendant claims not to have received notification of assignment of the
      alleged debt by the original alleged creditor or the Claimant.
      

1. The Defendant would request that the Claimant produce all requested
   documentation to the Defendant, the Claimant must be in possession of the requested documents to be in a position of instigating litigation against the Defendant in the first instance.
   
2. The Defendant wishes to state that the failure to produce documentation on two occasions by the Claimant has effectively hampered his ability to submit a more convincing defence.

StatementOf Truth


TheDefendant believes that the facts stated in this defence are true.




Signed.


Dated. 18/10/2015

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Rohan.

Can you see any reason why this defence is being said not to be in court form.

[Rohan]

Re: Help: Cabot Financial Options Hearing

What was the 'debt'.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Hi Rohan.

It was for an old Halifax credit card. on the writ it states that halifax assigned the debt to cabot on 24th June 2014, it also states i made a last payment on 19th April 2013, which i have no record of and there is no record on my credit file either.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Do you have any idea when you last paid anything towards this card, were you in Scotland when you applied for it.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Rohan.

I have no record of ever paying anything to the halifax for years, they had various debt agencies chase this debt for years & i never acknowledge the debt in writing to any of hem. I requested that optima legal forward details of any payments & dates & how payments were made, but they have not forwarded anything to me.

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I had the halifax credit card from 1st june 2000. I live & have lived in Scotland all my life.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Did you ever CCA Cabot as I very much doubt they will have anything to back up their claim, any acknowledgement they send you may help you in the long run. As I think you will be aware if you have not acknowledged this debt or made any payment towards it in a period of 5 years, the debt no longer exists. This is a complete defence to any claim.

I've seen Cabot claims similar to yours dismissed due to lake of any sort of paperwork to back up their claim.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Rohan.

I made a cca request to cabot in May 2015, they have never acknowledged or replied. I also pointed this out to optima legal.