Cabot financial (uk) limited vs rumandcoke

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Do I send evidence in with the defence ie the letters i wrote requesting cca and cpr plus the responses I recieved stating that they do not have them at the moment?

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Original Creditor Vanquis? Credit card?
If so, yes, delete s77 references & leave s78 refs.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

1: I received the claim 88888888888 from the Northampton County Court on 16/09/2016.

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 Account agreement regulated under the Consumer Credit Act 1974.4: [It is admitted/denied] that the Defendant has [previously] entered into [a] with [Original Creditor /Claimant] for
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 Vanquis to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vanquis 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 19/09/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment] .

9. Mortimer Clarke has not sent any of these documents to me.

10. On the 19/09/2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.



Is this ok to send please?

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you does this mean I delete the 77 bit.

Ok

If you are tweaking the forum defence example (above in green), where it mentions the CCA request, s78 is applicable if this is a credit card claim.

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Ok

If you are tweaking the forum defence example (above in green), where it mentions the CCA request, s78 is applicable if this is a credit card claim.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

I have heard nothing and my deadline for defence is tomorrow so I am going to start working on it this afternoon.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Cabot (the Claimant) has helpfully told you that they haven't got the documents. That won't change anything as far as the court timetable goes.

Your Defence deadline is 33 days from the date of issue of the claim. Mortimer Clarke solicitors will be working to that timetable and so must you.

Nothing is gained by filing your Defence early especially if that means you're unable to react to any paperwork which may arrive before the deadline.

I'm not familiar with LB's CPR 31.14 request letter but it may ask for an extension of time for you to file your Defence if they haven't got their act together.

If they've not produced the documents by the time of the original Defence deadline then I see no value in giving them any extra time to comply with your CCA request. You may be able to amend your Defence afterwards if they come up with late paperwork (depending on the quality of the documents). Since this is an account opened in 2012 you'll be looking at other legal arguments too.

Di

Thank you, what other legal arguments might I come accross. Also my deadline for defence is 17th October, should I file it on the 17th or the day before do you think. Thank you so much for your help I really do appreciate it.

[Diana M]

Re: Cabot financial (uk) limited vs rumandcoke

Hello Diana, Now that Cabot have replied and told me they do not have the agreement and cannot provide it in the 12 days as they have to request it from the original lender, do I file my defence now or still wait until the 28 days before I do.

Cabot (the Claimant) has helpfully told you that they haven't got the documents. That won't change anything as far as the court timetable goes.

Your Defence deadline is 33 days from the date of issue of the claim. Mortimer Clarke solicitors will be working to that timetable and so must you.

Nothing is gained by filing your Defence early especially if that means you're unable to react to any paperwork which may arrive before the deadline.

I'm not familiar with LB's CPR 31.14 request letter but it may ask for an extension of time for you to file your Defence if they haven't got their act together.

If they've not produced the documents by the time of the original Defence deadline then I see no value in giving them any extra time to comply with your CCA request. You may be able to amend your Defence afterwards if they come up with late paperwork (depending on the quality of the documents). Since this is an account opened in 2012 you'll be looking at other legal arguments too.

Di

[MIKE770]

Re: Cabot financial (uk) limited vs rumandcoke

yes ( always submit just before deadlines as then the opposition has little to no time to respond) court instructions not claimants always

Di will respond also on the subject

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Hello Diana, Now that Cabot have replied and told me they do not have the agreement and cannot provide it in the 12 days as they have to request it from the original lender, do I file my defence now or still wait until the 28 days before I do. Thank you in anticipation x

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Received a letter from the claimant Cabot Financial today. Dated 23rd September so it's taken 6 days to get here for some reason.

Dear Rumandcoke

Re Vanquis Credit Card - **************** - £437.52

Thank you for yor 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 to request the details from the original lender I anticipate that we will be able 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

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

No I know it's not statute barred.

Fair enough.
The ball is now in the Claimant's court. (No pun intended!)
Your defence will depend on whether they can produce the documents requested, so it's a waiting game.
You could familiarise yourself with the 'no documents' defence example at the top of this thread.
In the meanwhile, should the Claimant produce anything, feel free to post on here. (Suitably sanitised re personal data.)

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

No I know it's not statute barred.

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Yes I did use the site templates.

- - - Updated - - -

Yes it says May 2012, I remember having one but couldn't tell you if this date is correct or not. Does this mean I don't have much of a defence then.

It would appear from your posts that you are unsure whether or not this is statute-barred.
You could ask for further details via a SAR to Vanquis, historic details via your bank & possibly a 'prove it' letter to the Claimant's solicitor.
http://debtcamel.co.uk/prove-it/

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Yes I did use the site templates.

- - - Updated - - -

Yes it says May 2012, I remember having one but couldn't tell you if this date is correct or not. Does this mean I don't have much of a defence then.