Cabot Vs RapidSavage

[RapidSavage]

Hi All

I'm hoping for some help and guidance for where/what to do next. So here goes.

Claim received : 08/02/2017

I received a county court claim, as attached. So after reading through the forum i sent of the relevant letters based on templates from this site. Also did what i needed to acknowledge the claim online, to give me the extra time.

I should have received a reply from Ascent Legal around the 24th February up until today i have had no response for them, as i requested the agreement under the CPR 31 as again based on templates. What happens next with this can anybody inform me of my next steps ?

Also the CCA request i sent Cabot, i received a letter stating that they couldn't comply with my request as it was currently assigned to Ascent legal and i should redirect this to Ascent rather than Cabot. Which i find strange as they are the claimant on the court claim form. Should they still be complying with my request or should i be directing this Ascent legal ?

Using the date calculator i sure i need to file my defence by the 13th of March, but i have no information regarding the supposed claim, due to either parties not seemly wanting to comply with my request. How do i defend this with no information ?

I would be very grateful if somebody could give me a little guidance, as this is starting to get me very stressed as i unsure of next steps, regarding defence and non compliance with my requests.

I have attached what documents i have sent/received to give you a better understanding and hopefully enable you to give me some much need help.

Thanks for reading.

[charitynjw]

Re: Cabot Vs RapidSavage

Hi RapidSavage

At the risk of (as Basil Fawlty would have it) "stating the bleedin' obvious" , did you at any time enter an agreement with the Claimant (Cabot) which may have resulted in the stated debt?
If so, what is it for? (Not the amount, but the type of arrangement....to my best knowledge Cabot do not, for instance, provide credit cards or loans).

[RapidSavage]

Re: Cabot Vs RapidSavage

Hi

Thank for the reply.

This i believe is for a secured loan which was taken out with welcome finance. I have never entered any agreement with cabot themselves.

Also with this been a secured loan what happens to being registered against my house,what happens if this is sold onto cabot. What happens to charge on property stand ?

Thanks

[charitynjw]

Re: Cabot Vs RapidSavage

Imho, the Claimant's statement of case is based on their stated fact that you entered into an agreement with the Claimant.
It would appear that this is incorrect.

[RapidSavage]

Re: Cabot Vs RapidSavage

Thanks

So i guess that they are never going to be able to produce an agreement for this. Can this be used as part of my defence as i have never entered an agreement with cabot financial.

If Welcome has sold on my loan, where to this stand for the secured part on my house. Surely i would have thought this would have to be removed ?

Would anybody be able to advise me on this.

[charitynjw]

Re: Cabot Vs RapidSavage

Thanks

So i guess that they are never going to be able to produce an agreement for this. Can this be used as part of my defence as i have never entered an agreement with cabot financial.
If it were me, as far as the existing court case is concerned it would be a major part of the defence. I would put them to strict proof to show any evidence of an agreement between the Claimant & the Defendant.

If Welcome has sold on my loan, where to this stand for the secured part on my house. Surely i would have thought this would have to be removed ?

Would anybody be able to advise me on this.
Usually in these arrangements, the original creditor 'assigns' only the benefit of the agreement (e.g. payment) to a 3rd party (the assignee). The debtor is not party to this arrangement, & the debtor's consent is not required, but the debtor should be informed that payments should henceforth be made payable to the assignee. Once this is effected, the assignee can, in their own right, sue the debtor for non-payment.
However, the original agreement & the 'burden' is with the assignor (in this case, Welcome).
For instance, if you were to claim for missold PPI on this agreement, you would still, in the first instance, claim via Welcome, & not Cabot.

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[RapidSavage]

Re: Cabot Vs RapidSavage

So i if i'm correct in your thinking, they will never be able to produce an agreement as i have never entered with Cabot. And i guess Welcome would need to be the claimant rather than Cabot ?

I guess that the claim cannot be legal then ?

Would anybody be able to help with my defence as i really don't know where to start, i have had a look at other topics but really confused with it all.

[charitynjw]

Re: Cabot Vs RapidSavage

So i if i'm correct in your thinking, they will never be able to produce an agreement as i have never entered with Cabot.
That would be my take on it.
And i guess Welcome would need to be the claimant rather than Cabot ?
Not if Welcome has assigned the 'benefit' of the agreement to Cabot.

I guess that the claim cannot be legal then ?
The claim is just that, a claim.
The Claimant then needs to prove in fact & in law that their claim is correct.

Would anybody be able to help with my defence as i really don't know where to start, i have had a look at other topics but really confused with it all.

In simple terms, to change a party to the agreement is usually effected by 'novation', which requires the consent of the parties to the original agreement.
Assignment via s136 Law of Property Act 1925 is an agreement between the assignor (eg Welcome) & the assignee (eg Cabot) whereby the assignee is given the 'benefits' of the agreement (eg payments & the right to sue for them).
It would be an idea for you to familiarise yourself with 'novation' & 'assignment'.

This claim is for close to £13k, which will probably take it out of Small Claims territory & into Fast Track.
If so there is a real possibility of exposure to substantial costs.
Unless you are confident in your ability to successfully argue your case, I would strongly suggest that you seek professional legal assistance.