Cabot Financial (uk) Ltd vs Zingers

[Zingers]

Hi had a court claim letter arrive on the mat early this week, and only discovered this site on Friday (very useful information)

Issue Date: 07 Jun 2016

Date received the claim: 13 Jun 2016

The claimant's claim is for debts arising from the consumer credit act 1974 agreements. The claimant is an assignee of the following debts, notice of assignment having been given to the defendant in writing.

Hitachi Nova Credit. Account No: XXXXXXXXX £4320.42

Despite demands for payment the above sums remain due. The claimant therefore claims the sum of £4320.42 interest under s.69 County courts act 1984 and costs.

The solicitors are

Wright Hassall LLP

The amount would be for double glazing we had fitted approx (May 2010), the work was never completed to our satisfaction with child safety locks missing off the windows and despite request never got sorted however the company who supplied the windows harrassed my wife while I was at work and in no uncertain terms forced her to sign the work off (I guess so they could get paid) I believe I made a few monthly payments to it despite stating the work had not been finished however in the mean time my then employer hit financial trouble and eventually did go into liquidation leaving us unable to pay approx Jan/Feb 2011. I did make an offer to pay but nothing was done then payments stopped. No letters no nothing until this court letter from Cabot no assignment of debt, demands for payment etc.

I do have some email correspondance with Hitachi regarding this but the last email was a income and expenditure attached pdf in march 2011 since then nothing at all email or otherwise.

I have sent off CCA request to Cabot 17 Jun 2016 and a CPR request to Wright Hassall with a copy of the CCA request same day.

Any help now would be greatly received

kind regards

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Have I put this in the right section?

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

Hi zingers, Apologies your post was missed.

You have sent off the CPR and CCA requests so that's great, did you acknowledge the claim (either through the Moneyclaim online website or by sending back the acknowledgement form from the claim pack) ? If not get that done.

After the windows were signed off on by your wife, did you continue to make complaints ? and was there ever any resolution or final response to the complaint ?

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Yes I did acknowledge the claim online, and no there was no final resolution other than the children are older now and do not expect them to accidentally fully push an open window open and fall out

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Hello

Still no reply to either letter sent as of 30/062016 advice of my next move regarding my defence would be appreciated

Kind regards

[nemesis45]

Re: Cabot Financial (uk) Ltd vs Zingers

Hello

Still no reply to either letter sent as of 30/062016 advice of my next move regarding my defence would be appreciated

Kind regards

Good morning,

Has the CCA request been acknowledged with any comments?

nem

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Sorry excuse my ignorance acknowledged where? I have checked both letters were signed for.

[nemesis45]

Re: Cabot Financial (uk) Ltd vs Zingers

Sorry excuse my ignorance acknowledged where? I have checked both letters were signed for.

Has the claimant or the solicitors written to you about the CCA/CPR requests?

nem

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

No not at all hence me asking my next step

[nemesis45]

Re: Cabot Financial (uk) Ltd vs Zingers

No not at all hence me asking my next step

Without the CCA they cannot enforce the debt until the agreement or a compliant reconstituted one is supplied.

You can start preparing a draft defence see specimens in the green box on the main forum page, make a draft and post here then we can go through it with you.

nem

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

OK thank you I shall get on with that when home from work later thank you for your time

[nemesis45]

Re: Cabot Financial (uk) Ltd vs Zingers

OK thank you I shall get on with that when home from work later thank you for your time

Happy to help!

nem

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Sorry for the delay in getting back on this other things in life got in the way an obviously I need to get this sorted asap

I can only see one defence example is that what you are refering too? Do I leave all the account nos etc blank for purposes on here or give it completely as I think it will be written?

kind regards

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

Defence Example

You need to fill in the missing bits - dates and personal info - you can draft it and post it up here ( without your personal details though) and we can just give it a bit of a once over . It should all be pretty standard as you have had nothing back from the claimants at all xxxx

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

I have done a first draft unusure on what the type of claim it is so chose loan we can change this later, also does part 12 apply as as of today 5th July still no correspondence from either party that had letters sent too. Both have definately been received

1: I received the claim [XXXXXXXX] from the [Northampton] County Court on [13 Jun 2016]

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

3: This claim [appears to be for] a [Loan] agreement regulated under the Consumer Credit Act 1974.

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

[5. The particulars of claim fail to state when the agreement was entered into.]

6. 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. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Hitachi Nova Retail Credit] 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 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] .

9. [Wright Hassall LLP] has not sent any of these documents to me.

10. 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 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] 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 declined.] or [The Parties agreed to an extension tothe 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.]

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