Cabot Financial (uk) Ltd vs Zingers

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Wasnt sure what to put in part 5 so left it blank for now

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

Hiya, Just going through it now

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

Okay quick draft.... you are a LIP so keeping it basic for now, but I think we should mention at this stage that the debt has a lot of issues and has been disputed since 2010.

1: I received the claim xxxxxxxxxxx from the Northampton County Court Business Centre on 13th June 2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for an unspecified agreement or agreements regulated under the Consumer Credit Act 1974.

4: The Claimant’s statement of case indicates a single debt for a company called ‘Hitachi Nova Credit’ totalling £4320.42. There is no breakdown of how the amount claimed has been calculated.

5: It is my understanding the alleged debt arose from a debtor-seller-creditor agreement regards a purchase of Double Glazed Windows in 2010, however I do not recognise the account number given.

6: The purchase was subject to a complaint about the service and product provided and the finance agreement was disputed with Hitachi in May 2010. So far as I am aware the agreement was cancelled.

7: I have had no contact with either the original seller or Hitachi Nova Credit since 2010. I believe that if the debt does exist, it would be deemed statute barred by virtue of s.5 of the Limitations Act 1980.

8. However without more information from the Claimant I am unable to plead effectively.

9: I have received no communication from Cabot Financial (UK) Limited (the Claimant) or Wright Hassall ( the solicitors) prior to receipt of this claim. I believe this to be contrary to the pre-action protocols.

10. The Claimants statement of case states that the account was assigned from Hitachi Nova Retail Credit to Cabot Financial (UK) Limited but gives no date. I have not received a notice of assignment.

11. It is denied that Hitachi Nova Retail Credit served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served.

12: In an effort to find out more information, on the 17 Jun 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wright Hassall LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

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

14. On the 17 Jun 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

15. 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.

12: 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), but they have failed to respond.

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.



Signed …………………………………………

Dated .................................................. ....

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Thank you for that but I notice that the draft 1 trough to 15 then starts again 12 through to 16.

Should all of this be in the draft?

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

Yes, sorry just my numbering went wonky xxx Just check through it, we might want to work more on 3-6.

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

I do not really know what could be added to it. assuming that will be the final draft (with the numbers altered)
Do I need to print it off sign it and upload a digital copy? Or can I just upload the file?

Sorry for all the questions, I bet you get fed up of the same repeated queries

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

Never xxx

It might fit on MCOL if you used MCOL to submit your acknowledgement of service ? - otherwise you can print it out and attach it to the N9b form ( Defence & Counterclaim) and take/send to the court, or you can print to a PDF and digitally sign it to email to the court. ccbcdefendants@hmcts.gsi.gov.uk ( cover letter on email stating Defence attached - subject line - DEFENCE - Claim XXXXXX - Cabot Financial v Zinger )

If printing it you need to put headings on which look like....



In the Northampton County Court Business Centre

Claim Number: XXXXX

between:

CABOT FINANCIAL (UK) LTD

Claimant

and

ZINGERS

Defendant

__________________________________________________ ________________________
DEFENCE
__________________________________________________ _________________________

1.
2.
3.

STATEMENT OF TRUTH

I, ZINGERS, believe the facts stated in this defence are true,

Signed _____________________
Dated ____________________

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

I did use mcol to submit the acknowledgement of service

So I put all the information from the bullet pointed draft into the above format with the headings? If so I shall finish that when I get home from work (privacy is a problem as you can imagine) and post a draft here if all ok get it sent off

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

If you use MCOL you won't need the headings, just the text. Otherwise put the paragraphs where I've left 1,2,3 under the header and before the statement of truth ( and change to the right name of course ).

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

All of the draft fitted within the 122 lines allowed on mcol so submitted the defence last night, now I guess I just wait and see.

Thanks for all your help given I really appreciate it

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

Perfect.

Let us know soon as you hear anything from the court, or the claimants.

Next step should be a letter from court saying your defence has been sent to the claimant, and then, if the claimant tells court they want to continue, a directions questionnaire.

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Yes got a letter from the court stating the defence has been sent to the claimant. What concerns me is it mentions they have 28 days to respond. We go on holiday (5th Aug) before that time elapses, and concerned if there is anything sent during the time we are away will not get answered

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

After the 28 days you are usually sent a Directions Questionnaire which gives you 14 days to return it ( normally, sometimes it is 7) so unless you get that on the 5th Aug, you should be fine, and you should be fine anyway as if that did happen you could call the court on your return and explain to them. They normally do give a bit of flexibility on returning DQ's.

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Thanks for that, put my mind at ease now

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Had a reply from Cabot today dated 19 July

Dear Zingers

RE: Hitachi Nova Retail Credit - XXXXXXXXX- £4585.42

Thank you for your request from information under sections 77-79 of the consumer credit act 1974

We Currently do not have this information on file. However, I have requested the relevant details, which will include a copy of the credit agreement, statement of account and original varied terms and conditions from the original lender. In the meantime, I would like to inform you that your account shall remain on hold with the customer care department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.

The letter then goes to tell me if I want to know more about my consumer rights to contact citzens advice etc, and debt advice contact details.

Do I need to do anything at the moment? I also notice the amount has increased significantly again

Thanks again for your time