cabot finance claim form received

[jweb]

Re: cabot finance claim form received

ok here goes
it says on the covering letter (important notice if you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment).

On the forms:

Section A1 (Settlement/Mediation
Do you agree this case being referred to the small claims mediation service
Yes or no

Section B my contact details

Section C (Track)
Do you agree that the small claims track is the appropriate track for this case
Yes or no
If no say why not and state the track to which you believe it should be allocated.

Section D (About the hearing)
Hearing venue
At which county court would you prefer the hearing takes place.

D2 (Expert evidence)
Are you asking for the court's permission to use the written eveidence of an expert
Yes or no
If yes state why and give the name of the expert and area of expertise.

It then goes on about witnesses and hearing dates if unable to attend.

thanks
Jweb

[nemesis45]

Re: cabot finance claim form received

ok here goes
it says on the covering letter (important notice if you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment).

On the forms:

Section A1 (Settlement/Mediation
Do you agree this case being referred to the small claims mediation service Yes, It is expected that the parties to a claim attempt resolution without recourse to a trial.
Yes or no

Section B my contact details

Section C (Track)
Do you agree that the small claims track is the appropriate track for this case ****Yes.*****
Yes or no
If no say why not and state the track to which you believe it should be allocated.

Section D (About the hearing)
Hearing venue
At which county court would you prefer the hearing takes place. ****Nearest CC Hearing Centre to your home.****

D2 (Expert evidence)
Are you asking for the court's permission to use the written eveidence of an expert***** No****
Yes or no
If yes state why and give the name of the expert and area of expertise.

It then goes on about witnesses and hearing dates if unable to attend. ****Any booked holidays, hospital appointments etc.*****

thanks
Jweb

Ok. That's all I think.

nem

[jweb]

Re: cabot finance claim form received

thank you nem..just one more question though...once ive filled it in does this mean i will have a mediation meeting closer to home or will this likely get struck out. Im confused because the claimant has not provided with the copies of agreements as requested and in my defence nd also this is over 12 years old. when i rang the court about 2 weeks ago the guy just said it most likely will get stayed and i should contact the court to confirm this around the 25th april (4 days time)

so i dont understand what has triggered this small claims track notice or is it like you say standard procedure from the court?

[nemesis45]

Re: cabot finance claim form received

thank you nem..just one more question though...once ive filled it in does this mean i will have a mediation meeting closer to home or will this likely get struck out. Im confused because the claimant has not provided with the copies of agreements as requested and in my defence nd also this is over 12 years old. when i rang the court about 2 weeks ago the guy just said it most likely will get stayed and i should contact the court to confirm this around the 25th april (4 days time)

so i dont understand what has triggered this small claims track notice or is it like you say standard procedure from the court?

County Court Claims in England & Wales have time limited processes with which both claimant and defendant must comply, each stage gives rise to a questionnaire as you have now received or directions from the court.
So all is normal here.

nem

[jweb]

Re: cabot finance claim form received

Hi nem hope you are ok. i filled in the small claims track and have just received this from wright and hassall solicitors.

Dear mr ?????
Cabot financial uk ltd. V. Mr ???????

We act for the claimant in the above matter and are in receipt of your defence.

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

By way of further information on this matter, from the information provided to us by our client this claim relates to your welcome finance loan, account number xxxx xxxx which you took out on 30 november 2001 the outstanding balance of this claim is £2071.80

Our client, cabot finance purchased your debt on 25 june 2013 by way of legal assignment. This gives them the legal right to demand payment and has become necessary to instigate legal proceedings.

On 29th feb 2016 and as stated in paragraph 7 of your defence you made a request for sight of the credit card agreement (the agreement) and the notice of assignment (notice) pursuant to cpr 31.14 please note that as the matter we be allocated to the small claims track, cpr 31 does not apply pursuant to cpr 27.2

We also note that on 29th feb 2016 you made a formal section 7i consumer credit act 1974 request to our client for sight of the agreement. Once our client confirms receipt of the same to us, we will forward copies of the documents requested as soon as they are provided to us.

Yours sincerely

Blah blah blah

Just want to know whats goung on here because:
1) i didn't have a loan or credit card it was a car on hp so whether that is classed as a loan.
2) didnt the court and you guys say that from submitting the defence the 33 day rule applies?

3) neither cabot or wright hassall have provided me with any proof of documentation that i have requested in my defence still to this day.

4) isnt this 100% statute barred as again in my defence i said that no communication between welcome or cabot has received and neither any proof of signature to say i have received any correspondence from them either.

Help please guys im getting sick and tired of these fools.

[nemesis45]

Re: cabot finance claim form received

Hi,

What ever type of agreement this was, unsecured loan. HP, credit card, if regulated by CCA 1974 they cannot enforce the debt without the agreement or a compliant reconstituted one.
Statute barred in England and Wales:-

6 years without and payments or written acknowledgment,:

i.e. No payment to any party original creditor or debt collector/debt purchaser.

You say that this is a Hire Purchase account, so where does the " credit card" agreement request come into this?

The start of the " relevant 6 year period for an HP account is a matter for some conjecture in my opinion. Arguments centre around the start being the default date, or the termination dateWelcome's paperwork and sloppy administration does not help here.
Do you know either the default and or the termination dates.

nem

[jweb]

Re: cabot finance claim form received

default date was deffo around late 2002 to early 2003. I had the car on hp in 2001 paid back approx 16 to 18 months worth and defaulted due to job problems. Have not got a clue about the termination date. the hp was originally over 5 years from 2001.

[nemesis45]

Re: cabot finance claim form received

default date was deffo around late 2002 to early 2003. I had the car on hp in 2001 paid back approx 16 to 18 months worth and defaulted due to job problems. Have not got a clue about the termination date. the hp was originally over 5 years from 2001.

OK we need to pull all the dates/events together. I think it's safe to assume the alleged debt is statute barred.

nem

[charitynjw]

Re: cabot finance claim form received

[MENTION=55034]nemesis45[/MENTION]

SB notwithstanding, could this be a balloon payment/BMW v Hart scenario?

[nemesis45]

Re: cabot finance claim form received

@nemesis45

SB notwithstanding, could this be a balloon payment/BMW v Hart scenario?

Good thought Charity!!

Perhaps [MENTION=81592]jweb[/MENTION] can enlighten us.

nem

[jweb]

Re: cabot finance claim form received

sorry nem no idea what you guys mean enlighten you with what? i can give you as much info as you need.

putting it into basics as follows
Took out a hp on a car in 2001 over 5 years.

paid 18 months worth then defaulted due to job problems.

welcome finance was then given tge vehicle back in 2003

never heard from welcome finance at all after that.

2016 gets a court claim from cabot finance as they purchased the alleged debt for a so called credit card loan which ive never had a credit card from welcome finance in the first place.

filed my defence as statute barred and requested origional docs to prove it which i still have not received.

then get the above letter from cabots solicitor wright and hassall saying they are pressing for a hearing.

the way i see it they dont have a leg to stand on or does someone know anything different.

regards
Jweb

[nemesis45]

Re: cabot finance claim form received

We were wondering if the debt relates to the " balloon" payment of n HP debt?

nem

[jweb]

Re: cabot finance claim form received

no idea what you mean by balloon and i still dont understand why the northampton county court hasn't said to wright and hassall & cabot that they are over there deadline to take this further or am i missing something here...just wondered what else i can do or is it just a case of i sit and wait for either the court's or wright and hassall's next move.

regards
jweb

[nemesis45]

Re: cabot finance claim form received

no idea what you mean by balloon and i still dont understand why the northampton county court hasn't said to wright and hassall & cabot that they are over there deadline to take this further or am i missing something here...just wondered what else i can do or is it just a case of i sit and wait for either the court's or wright and hassall's next move.

regards
jweb

The final large payment at the end of an HP contract.
It is up to make application to the court for the claim to be struck out for the failure to file a defence.

nem

[jweb]

Re: cabot finance claim form received

We were wondering if the debt relates to the " balloon" payment of n HP debt?

nem

just looked up online what a balloon payment is and no my hp was not a balloon type of payment/agreement back in 2001 it was simply a monthly repayment over a 5 year agreement for a used vehicle with a windscreen price of roughly £2000 (obviously more on top of this amount due to welcome finance's ridiculous interest on top). of which i paid about 18 months worth before i lost my job and couldn't afford the repayments.

2003 the car was given back to welcome finance and i heard nothing more from them and continued with my day to day life.

Then in feb 2016 (13 years later) i received in the post the claim forms from northampton county court on behalf of cabot finance who obviously purchased this very old debt (apparently purchased in 2013).

I filed my defence (slightly edited as laid out below) within the required period that the court required.

1: I received the claim xxxxxxxxx from the Northampton County Court on 13th February 2016
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The claimant and Wright Hassall LLP have been notified in writing that it is my contention that the alleged debt is over 6 years old and is statute barred pursuant to section 5 of the Limitation Act 1980 and I intend to defend this claim.
4: This claim appears to be for debts agreement regulated under the Consumer Credit Act 1974.


5: The Claimants statement of case fails to give any adequate information to enable me to properly assess my position with regards to this claim.


6. The particulars of this claim fail to state when the agreement was entered into.


7. The Claimants statement of case does not state that the account was assigned from Welcome Finance to Cabot Financial (UK) Ltd at all. The Defendant does not recall receiving notice of this assignment and no proof of signature either by courier or post has been issued as evidence.


8. It is denied that Welcome Finance served any Default notice on the Defendant pursuant to s77 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


9: On the 29th February 2016 I sent recorded delivery a request for 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 original copies of the Agreements, Default Notice and Notice of Assignment.


10. Wright Hassall LLP has not sent any of these documents to me.


11. On the 29th February 2016 I sent recorded delivery 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.


12. 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.


13: 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.
14. Under Civil Procedure Rule 16.5 (4) where the claim includes money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed is 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.
15. 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.


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

I the received a letter from cabot saying they cannot at present produce the required documentation i asked for as mentioned in my defence and separate cpr request sent recorded delivery and that they would require a further 40 days on top of the deadline date. hmmmm very strange so as recommended i didn't reply and sat and waited.

I then received the small claims track from northampton county court (apparently normal procedure so i was told) so i filled it in with the help on the forum and sent it recorded to the court.

I then get a letter from wright and hassall stating that they refuse to accept my defence and will be applying to the court for a hearing and enclosed of a copy of their small claims track form filled out for my review and that they are looking to still find copies of the documents asked for.

Can someone please advise me what i may expect further and/or what else i can do as i plan to fight these through to the finish even if i have to drive to northampton