Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thank you.

I'll make sure I get my defence filed in time. Having read some other threads, I'm assuming I should refer to more than one thing, i.e Statute Barred, no docs from Cabot or their solicitor.

Also, can I safely file my defence once the 12 + 2 days are up for documents or should I wait until the last possible minute?

Thanks again.
Grant

How long before the 12 +2 Expires Grant?

nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

How long before the 12 +2 Expires Grant?

nem

Letter was posted on Monday 13th.

- - - Updated - - -

How long before the 12 +2 Expires Grant?

nem

Sorry that should have been Monday 15th.

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hi Nem,

I've prepared my defence using what I've found on in other threads and referencing the failure of Cabot or Wright Hassell to supply any documents, along with my belief that the debt is Statute Barred - does it look ok?

1. I received the claim XXXX from the County Court Business Centre on 13th February 2016.
2. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit card agreement regulated under the Consumer Credit Act 1974.
4. The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
5. The particulars of claim fail to state exactly when the agreement was entered into.
6. The Claimant’s statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited. 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 s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8. On 15th February 2016 I sent a formal request for the inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to Wright Hassall LLP. I requested the Claimant provide copies of the Credit Agreement and Notice of Assignment.
9. Wright Hassall LLP has not sent these documents to me.
10. On 15th February 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to s78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12. It is understood that the alleged debt falls under Section 5 of the Statute of Limitations Act 1980, in that I or any person acting on my behalf have not paid any money to the account, nor have I or any person acting on my behalf acknowledged in writing this alleged debt.
13. Section 5 of the Statute of Limitations Act 1980 states the time limit for actions founded on simple contract - An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. It is my belief that 6 years has now passed since any of the required actions occurred.
14. I believe that due to the above (Para 12 and 13) this alleged debt is legally Barred.
15. 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.
16. I request that the Court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
17. In the event that the relevant documents are received from the Claimant I will then be in a position to amend my defence and would ask that the Claimant bear the costs of the amendment.
18. 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.

Since the initial response from Wright Hassell saying they'd request the documents I've heard nothing from them or Cabot. Do I need to chase them or do I just leave their failure to respond further as part of my defence.

Thanks for any advice.

Grant

[Kandis]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Bump.

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hello Grant,

Sorry I missed your post.

Para 15 would be better stating The alleged debt is statute barred and cannot be enforced.
Needs double space between paras for ease of reading.

nem

Other than that it is good to go.

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hello Grant,

Sorry I missed your post.

Para 15 would be better stating The alleged debt is statute barred and cannot be enforced.
Needs double space between paras for ease of reading.

nem

Other than that it is good to go.

Many thanks, I filed my defence last night as I'm working funny shifts this week but hopefully it will be ok.

I'll post again as soon as I hear anything.

Grant

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Many thanks, I filed my defence last night as I'm working funny shifts this week but hopefully it will be ok.

I'll post again as soon as I hear anything.

Grant

OK Grant, good luck!!

nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hi Nem,

Shortly after filing my defence I received a letter from Cabot stating they didn't currently have the documents I requested and admitting that the debt was not enforceable until they did.

Today I've received a letter from the court proposing to allocate the case to the Small Claims Track and asking if I agree to mediation.

I'm unsure how to respond as presumably the court might look on a refusal to accept mediation in a negative way but I don't really see how I can accept it and move forward while neither Cabot nor their solicitors can offer any paperwork for me to review.

Also, as the debt appears to be statute barred, do I compromise my position in any way if I accept mediation?

The directions questionnaire is very black and white, there doesn't seem to be any option to query things like the lack of paperwork. It also states I should serve it on the other party, am I able to use that as an opportunity to flag up the lack of paperwork and statute barred arguments?

I, perhaps naively, thought that this might go away once Cabot & WH admitted they don't have a copy of the credit agreement or notice of assignment. I'm worried that if I handle this next stage wrongly that they may get judgement in their favour despite me having an appropriate defence. I have a couple of weeks to file a response with everybody so any advice you can give would be very much appreciated.

Thanks in advance.
Grant

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hi Nem,

Shortly after filing my defence I received a letter from Cabot stating they didn't currently have the documents I requested and admitting that the debt was not enforceable until they did.

Today I've received a letter from the court proposing to allocate the case to the Small Claims Track and asking if I agree to mediation.

I'm unsure how to respond as presumably the court might look on a refusal to accept mediation in a negative way but I don't really see how I can accept it and move forward while neither Cabot nor their solicitors can offer any paperwork for me to review.

Also, as the debt appears to be statute barred, do I compromise my position in any way if I accept mediation?

The directions questionnaire is very black and white, there doesn't seem to be any option to query things like the lack of paperwork. It also states I should serve it on the other party, am I able to use that as an opportunity to flag up the lack of paperwork and statute barred arguments?

I, perhaps naively, thought that this might go away once Cabot & WH admitted they don't have a copy of the credit agreement or notice of assignment. I'm worried that if I handle this next stage wrongly that they may get judgement in their favour despite me having an appropriate defence. I have a couple of weeks to file a response with everybody so any advice you can give would be very much appreciated.

Thanks in advance.
Grant

or.
The DQ is a process you must complete and file and copy to the claimants solicitors.

Tick yes to mediation, yes to small claims track, no to contest jurisdiction, if you know which CC hearing centre is closet to you fill that section in if not leave blank.

nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thank you, will complete it as you suggest.

Do I not need to follow up on the lack of documents with Cabot's solicitor? I presume mediation can't actually take place without them?

Thanks,
Grant

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Help - I've had another letter!

Received this morning from Wright Hassal...

We act for the Claimant in the above matter and are in receipt of your Defence.

We do not accept your defence and have written to the Court to inform them that we require this matter to progress to final hearing.

By way of further information on this matter, from the information provided to us by our client this claim relates to your Capital One, account number: xxxx, which you took out on 25th February 2004. The outstanding balance of this claim is £2,752.86.

Our client, Cabot Financial (UK) Limited purchased your debt on 28th September 2015 by way of legal assignment. This gives them the legal right to demand payment and, as has become necessary, instigate legal proceedings.

We are in contact with our Client to obtain documents which are relevant to the matter. In the event that we do not consider your Defence to contain any valid reason for the protraction of this claim, we may proceed to make an application to strike it out and make an application for Summary Judgement. The consequences of this are that:

1. the resulting costs of this application may ultimately be borne by you;
2. you may receive a County Court Judgement;and,
3. a County Court Judgement will also appear on your credit file which may make it more difficult for you to obtain credit in the future.

If you would like to discuss this matter please contact us on the information below quoting your reference number at the top of this letter.

- can they do this when I've also had the letter from Cabot admitting they can't enforce the debt while the paperwork is unavailable, and also while dealing with the mediation stuff from the court?
- is this just a scare tactic or should I be worried?
- should I respond to this advising what their client has said and that the debt would be statute barred by now?

What should I do?
Thanks,
Grant

[Ruby]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hi Grant, if I were you I would send a covering letter to Wright Hassel enclosing a copy of Cabot's letter that admits that they can't enforce the debt while paperwork is unavailable. It shows W H that you do have a few brain cells ticking around and that they can't just play 'bully tactics'.

Their job is to unnerve you so you cough up!

[MIKE770]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

typical threatogram to up set you

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thank you, will complete it as you suggest.

Do I not need to follow up on the lack of documents with Cabot's solicitor? I presume mediation can't actually take place without them?

Thanks,
Grant

CCA request Don't Chase.
CPR chase and remind the sols that CPR 31.14 still applies as the claim has not been allocated to a track.

nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thanks everybody, I'll chase the CPR and also reference Cabot's letter stating the debt cannot be enforced until the documents are available.