Court Action from Restons on Behalf of Cabot Financial UK Ltd

[Diana M]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

I do understand what you are saying Diane and I go away on the 4th for my family holiday for 14 days and would like to get something in place before I leave so i may enjoy my break away.

Which means you will be away when the deadline for filing your Defence expires so you must do it before you go.

It would be irresponsible of me not to point this out to you.

It's unlikely that you'll receive a reply from Restons to your letter before you go away since they'll only receive it tomorrow (Thursday) even if Royal Mail deliver on time. Any response (positive or negative) will probably arrive while you are away.

Di

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

I have sent them a hard copy and a email and both state This Does Not admit any liability for the alleged debt,

Guess its a waiting game now and what shall I do with regards to the online defense ect...... leave or fill it in ?

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Which means you will be away when the deadline for filing your Defence expires so you must do it before you go.

It would be irresponsible of me not to point this out to you.

Di

Can you explain or write me something that might sound like I actually know something because I am a fish out water here with all of this? I can then add in bits that will be needed for the court service

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Acknowledgment of Service - Confirmation



Step 5 of 5




Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

Acknowledgment of Service SubmittedClaim Number
C4******

Response type
Acknowledgment of Service

Claimant name
Cabot Financial (UK) Limited

Defendant name
****************
See this part is now done and await to hear back from you all about my next steps?

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Can you explain or write me something that might sound like I actually know something because I am a fish out water here with all of this? I can then add in bits that will be needed for the court service

Hello Means,

Take a look at the specimen defence (s) in the green box at the top of the page, pick one that is nearest to your case it's there for you to edit/amend to suit.

Make a rough draft first and post here then tag [MENTION=55034]nemesis45[/MENTION] and I'll go through it with you.
You do need to know what you are saying this way will help you to do so.

nem

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Tagging @nemesis45

1: I received the claim, claim number xxxxxx from the Northampton County Court on 17th August 2016.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defense.
3: This claim appears to be for a credit card formally Capital One 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 Claimants statement of case states that the account was assigned from Capital One on September 24^th 2015, and The Defendant does not recall receiving either notice of assignment.
6. It is denied that Cabot or 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.
7: On the 19th August 2016 I sent a request for inspections of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons the claimant’s solicitor. I requested the Claimant provide copies of the original default notice, copies of the notices of assignment to Cabot Uk Ltd from Capital One, and the formal demand prior to court action. All with reference numbers so these maybe be cross referenced and tracked to ensure the dates are correct.
8. Restons has only sent the court issue papers.
9. On the 21th August I sent a formal request for a copy of the original agreement to Cabot (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee, but I did not admit the debt was mine nor will I.
10. 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.
11. 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 and provide sign documents to the fact.
12. 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.
13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.
14. 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 Defense are true.

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Tagging @nemesis45

1: I received the claim, claim number xxxxxx from the Northampton County Court on 17th August 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 credit card formally Capital One 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 Claimants statement of case states that the account was assigned from Capital One on September 24^th 2015, and The Defendant does not recall receiving either notice of assignment.

6. 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.

7: On the 19th August 2016 I sent a request for inspections of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons the claimant’s solicitor. I requested the Claimant provide copies of the original default notice, copies of the notices of assignment to Cabot Uk Ltd from Capital One, and the formal demand prior to court action. All with reference numbers so these maybe be cross referenced and tracked to ensure the dates are correct.

8. Restons has to date not responded to my request.

9. On the 21th August I sent a formal request for a copy of the original agreement to Cabot (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. 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.

11. 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 and provide sign documents to the fact.

12. 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.

13. The defendant avers that the alleged debt is statute barred under the provisions of the Limitation Act 1980, no payments or written acknowledgments having been made in regard to the alleged debt in more than 6 years.


14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.

15. 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 Defense are true.

OK I've amended bits and added the Statute Barred status.

Send to the court by signed for post.

I must say that's very well done!!

nem

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Tagging @nemesis45

So I take it I send the letter to the court by normal mail and should I also put this in the web section of the defense form or just leave it to the surface mail? Or Both

I've only taken what is supplied on the site and just added a couple of tweaks that's all

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Tagging @nemesis45

So I take it I send the letter to the court by normal mail and should I also put this in the web section of the defense form or just leave it to the surface mail? Or Both

I've only taken what is supplied on the site and just added a couple of tweaks that's all

Hi,

Signed for post is best so you have proof of posting an receipt.

nem

[Diana M]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Did you send your CPR 31.14 request and your s.78 CCA request by recorded delivery? If you sent them on 17th and 19th August respectively they should have arrived by now so you can check on Royal Mail's Track & Trace website for proof of delivery.

There's nothing on your thread about sending those legal requests and they appear to have been sent before you joined the forum (only yesterday) so were they the LB template letters?

I ask because if the proceedings continue you would want to exhibit the letters and (ideally) proof of their delivery annexed to your Witness Statement.

Di