Cabot Financial (UK) Limited v. Ping

[MIKE770]

Re: Cabot Financial (UK) Limited v. Ping

amended

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

Here's a link to a template defence ... have a play with it this morning and see what you come up with. If you post it up on here before you enter it on MCOL I'll tag @nemesis45 @Diana M to have a look at it xx

Thanks for the reply [MENTION=49370]Kati[/MENTION], I couldn't find the link for template defence you mentioned in your post. Could you please re-post it? I will work on it this morning and will post here then.

Thanks

[MIKE770]

Re: Cabot Financial (UK) Limited v. Ping

http://legalbeagles.info/forums/show...t-Court-Claims

[nemesis45]

Re: Cabot Financial (UK) Limited v. Ping

@MIKE770 @Amethyst and all experts,

I have received the response from Cabot Financial for my CCA request as follows:

"RE: Capital One Credit Card 4775xxxx

Thank you for your request for 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 and varied terms and conditions from the original lender.

What happens next?

I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender I anticipate that we will be able to to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

If you have any queries, please do not hesitate to contact us.

Yours Sincerely,
XYZ"

Based on the above letter what should be my next step? I have my 33rd and the last day for filing defence tomorrow i.e. 3rd of October. Do I file a defence on MCOL? If yes, what should I write? Please note that for CCP request the solicitors have said that they haven't mentioned the documents that I am asking for in the particular of claim, so I believe my only leg to stand on is the above letter from Cabot in response to the CCA request. Please urgently help me as I am worried about the last day of filing the defence.

Thanking in anticipation!

God morning Ping,

I see [MENTION=49370]Kati[/MENTION] has given you the link to specimen defence (s).

Failure by the claimant to comply with the CCA request renders the debt unenforceable Until the agreement is produced.

I haven't had a chance to read all of your thread yet, is there nothing else bar the lack of the agreement that you can use in defence.

We don't seem to have any " history " on this?? Please add some detail.

Mean while use the specimen defence template and make a draft then post here and we can go through it with you.

nem

[Kati]

Re: Cabot Financial (UK) Limited v. Ping

Thanks for the reply @Kati, I couldn't find the link for template defence you mentioned in your post. Could you please re-post it? I will work on it this morning and will post here then.

Thanks

http://legalbeagles.info/forums/show...t-Court-Claims

Oops :sorry: Ping ... Mike's linked it here for you xx

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

Oops :sorry: Ping ... Mike's linked it here for you xx

Hi [MENTION=49370]Kati[/MENTION] [MENTION=55034]nemesis45[/MENTION],

The following is the defence I have written to be submitted on MCOL. Please could you guide me if this looks OK? I have taken out the CPR request points from the template defence as I am not sure if that applies since when I made that request to Restons Solicitors, they wrote me back saying that the documents I have requested are not mentioned in my particulars of claim and therefore CPR 31.14 (1) does not apply. I think I made a mistake in my CPR request as I didn't understand it clearly. Anyways please see my defence below and please let me know if I need to add/and or amend anything?

1: I received the claim ABCDEF from the Northampton County Court Business Centre on 5^th of September; 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 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 to Cabot Financial UK Ltd on 24 September 2015. The Defendant does not recall receiving notice of this 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 13 September 2016 I sent a formal request for a copy of the original agreement to Cabot Financial UK Ltd pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 .................................................. ....

[Amethyst]

Re: Cabot Financial (UK) Limited v. Ping

Put the CPR 31.14 bit back in - you asked for "Contract between Defendant and Capital One for a/c no 47759XXXX" and their claim says "under a contract between the Defendant and Capital One dated on or about Oct 13 2010"

so you did absolutely right and the claimants are, basically, trying to put you off and playing silly buggers.

[nemesis45]

Re: Cabot Financial (UK) Limited v. Ping

Hi @Kati @nemesis45,

The following is the defence I have written to be submitted on MCOL. Please could you guide me if this looks OK? I have taken out the CPR request points from the template defence as I am not sure if that applies since when I made that request to Restons Solicitors, they wrote me back saying that the documents I have requested are not mentioned in my particulars of claim and therefore CPR 31.14 (1) does not apply. I think I made a mistake in my CPR request as I didn't understand it clearly. Anyways please see my defence below and please let me know if I need to add/and or amend anything?

1: I received the claim ABCDEF from the Northampton County Court Business Centre on 5^th of September; 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 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 to Cabot Financial UK Ltd on 24 September 2015. The Defendant does not recall receiving notice of this 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 13 September 2016 I sent a formal request for a copy of the original agreement to Cabot Financial UK Ltd pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 .................................................. ....

That's OK,

Are you sure that there is nothing else that can be added in defence?

nem

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

Dear All,

After my Defence submission. I received two letters. One from Cabot Financial stating that they will be putting the account on hold and get me the copy of the credit agreement after acquiring from the original lender i.e. Capital One. And the second letter from the court confirming that my defence have been passed to the Cabot Financial.
I have now received the letter from Cabot Financial with two attachments:
1. Statement of account prepared under section 78 of CCA 1974.
2. Credit Card agreement copy which have my name typed and the date of the agreement.

Based on the above Cabot are claiming that the agreement is enforceable now and they are entitled to obtain a CCJ. They want to avoid it and want me to set-up a repayment plan through Restons Solicitors.
I am not in a position to repay and I cannot afford to have a CCJ as well due to being struggling with one person earning in the family. Do I have any more ground to fight this case or should I just give up?
I am desperate for guidance here and extremely worried so if anyone could please respond to my post it would be really helpful.
Many Thanks.

[MIKE770]

Re: Cabot Financial (UK) Limited v. Ping

Cabot will say that - but they have very limited knowledge on the subject of truth, sounds more like a begging letter at the moment = they want to avoid court if possible?
@nemisis45 @Diana M

[Rumandcoke]

Re: Cabot Financial (UK) Limited v. Ping

Is the claim stayed?

[nemesis45]

Re: Cabot Financial (UK) Limited v. Ping

Cabot will say that - but they have very limited knowledge on the subject of truth, sounds more like a begging letter at the moment = they want to avoid court if possible?
@nemisis45 @Diana M

Thanks [MENTION=3599]MIKE770[/MENTION]

Hello Ping can you please post suitably redacted copies of the agreement and the covering letter as it will help us see if the alleged agreement is compliant.

Cabot are well known making things up as they go along to suit their aims, i.e. conning you into paying.

nem