Cabot Financial V Fudgee

[Fudgee]

Issue Date: 24 March 2016
Amount approx: £4744
Claimant: Cabot Financial
Solicitor: Wright Hassall LLP
Original Creditor: Halifax Building Society
Particulars of Claim: The Claimant's claim is debt raising from Consumer Credit Act 1974 agreement. The Claimant is Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Halifx accout...£4744. Despite demands for payment, the above sums remain due.The Claimant therefore claim the sum of £4744 interest under s.69 county court act 1984 and costs
Is the debt Statute Barred? yes
List any letters you have sent: numerous including one in 2012 informing no knowledge and the fact the debt is Statute Barred
Any Other Info:

[Kati]

Re: Cabot Financial V Fudgee

[MENTION=55034]nemesis45[/MENTION] xx

[R0b]

Re: Cabot Financial V Fudgee

Hello,

I've tagged [MENTION=55034]nemesis45[/MENTION] to help you. Did Wright Hassall send you any correspondence prior to the issuing of the claim form?

When you say you have letters acknowledging the debt is statute barred, is it explicitly stated in the letter or just your interpretation?

If you were already in correspondence with Wright Hassall notifying them of your letters and they continued to issue a claim, then that would be grounds for a wasted costs order as a counterclaim, but I'm sure you would be happy with it being discontinued (although you may get it again at some point in the future).

Anyhow, the particulars of claim is so vague that would be grounds for a counterclaim to strike out as they don't even mention the date of the agreement or the date of assignment.

I'm sure nemesis will be able to fill in the necessary gaps

[Fudgee]

Re: Cabot Financial V Fudgee

Hi
Thank you for your reply and offer of help.
I sent the following letters via email to Cabot:

09/04/2010
Dear Sir or Madam

This letter is a formal complaint which I require you to deal with under your complaint procedure.

I have noted your repeated attempts (from 8:00 am to 9:00 pm every day)to contact me by telephone over the
past few months and these have been duly logged by time and date. All my requests to stop calling me have been completely ignored and the harassment seem to continue. Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call” again, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken,
including but not limited to, police attendance.

Yours Faithfully

31/05/2012
Dear Sir or Madam

I refer to your contact regarding the above account which you claim I
owe. I am informing you that I do not recognise the debt and
therefore it is DISPUTED.

Under the Office of Fair Trading Debt Collection Guidance (updated
October 2011) it states that it is unfair to send demands for payment
to an individual when it is uncertain that they are the debtor in
question.

I would also remind you that the OFT states under their Guidance that
it is ‘unfair’ to pursue third parties for payment when they are not
liable and that it is deceptive and unfair in not ceasing collection
activity whilst investigating a reasonably queried or disputed debt.

Furthermore, if you ignore or disregard claims that debts have been
settled or are ‘disputed’ and continue to make unjustified demands for
payment then this can amount to physical or psychological harassment,
as detailed in the OFT Guidance.

I am also familiar with Section 40 of the Administration of Justice Act.

As I dispute this debt you refer to then I trust you will make no
further contact unless you can satisfy me that this debt exists and
that I am liable.

If you subsequently cannot prove I owe this debt and if you continue
to act in this irresponsible and unprofessional way then I will have
no other alternative than to report you to Trading Standards and the
Office of Fair Trading. I will also lodge a complaint with the
Financial Ombudsman Service and your trade association, if
appropriate, the Credit Services Association.

If I receive any communication from another debt collection agency
then it will be evident that you have sold this debt on with the
knowledge that it is disputed. Should this occur then I will report
you to the government bodies and trade association detailed above.

I now await written confirmation that this matter is now closed, you
are not to contact me by telephone, instead by letter or e-mail only.

I look forward to your reply by return.

Yours faithfully,

I also sent numerous letters by post that I have no record of them now

[paulfloor]

Re: Cabot Financial V Fudgee

Only thing id say is that the office of fair trading no longer exists and that the financial conduct authority has taken its place, and isnt the implied license bit on the first letter abit freeman on the land?

The usual route is to send a cca request to claimant and cpr request to solicitors, sticky at top of the forum, if they cant comply with the cca then they cannot get judgement on you and if certain stature barred then it is a total defence, thats about as much as I know but im sure one of the very helpful legal minded members can assist further.

[Fudgee]

Re: Cabot Financial V Fudgee

Only thing id say is that the office of fair trading no longer exists and that the financial conduct authority has taken its place, and isnt the implied license bit on the first letter abit freeman on the land?

The usual route is to send a cca request to claimant and cpr request to solicitors, sticky at top of the forum, if they cant comply with the cca then they cannot get judgement on you and if certain stature barred then it is a total defence, thats about as much as I know but im sure one of the very helpful legal minded members can assist further.

thank you.

Wright Hassall LLP
Olympus Avenue, Tachbrook Park
Warwick CV34 6BF

Dear Sirs,
Claim Number

Request for documents mentioned in a statement of case under CPR 31.14

On 12/04/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence on 26 April 2016.

1. Agreement / Contract

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

CCR
Cabot Financial (UK) Limited
Marlin House
16-22 GRAFTON ROAD
WORTHING BN11 1QP


Dear Sir/Madam

Re:− Account Number

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully