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Hi All
I am new here but I have received the following from Restons Solicitors who are acting on behalf of Cabot.
“We note you have recently filed a Defence to the court proceedings issued against you.
By way of explanation, Cabot Financial (UK) Limited is a debt purchaser. You allege that the Claimant does not technically own the debt, however, in line with the Terms and Conditions of the Credit Agreement, the original creditor had a contractual right of assignment. In other words, Lloyds was entitled to transfer their rights and benefits under the Credit Agreement to a third party and that right has been exercised. Around the time of assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice if Assignment from the Claimant.
Within your Defence, you have requested the original copy of your signed Credit Agreement. We fail to see why you have requested a copy of the Agreement as you have stated in your Defence that the original Agreement was in fact signed with Lloyds, therefore, by your own assertion, the fact that the Credit Agreement was signed by you, that you were provided with the facility and in turn utilised that facility has not been contested by you.
You have also asserted in your defence that the Claimant has used bullying and intimidating methods to try and retrieve the money owed. Under the Consumer Credit Sourcebook written by the Financial Conduct Authority, a creditor is allowed to ask you to pay and keep reminding you to pay your debts by use of reasonable contact. You have failed to provide any evidence that the contact you received from the claimant can be deemed as unreasonable.
In view of the information set out in this letter, we do not believe your Defence has any real prospect of success and we will therefore recommend to our Client that an application be made to strike out the Defence and to enter a Judgment against you for the full amount claimed together with legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within 14 days.
We await your response”
Do Cabot need to provide an original signed copy of the CCA please?
All advice greatly appreciated.
I am new here but I have received the following from Restons Solicitors who are acting on behalf of Cabot.
“We note you have recently filed a Defence to the court proceedings issued against you.
By way of explanation, Cabot Financial (UK) Limited is a debt purchaser. You allege that the Claimant does not technically own the debt, however, in line with the Terms and Conditions of the Credit Agreement, the original creditor had a contractual right of assignment. In other words, Lloyds was entitled to transfer their rights and benefits under the Credit Agreement to a third party and that right has been exercised. Around the time of assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice if Assignment from the Claimant.
Within your Defence, you have requested the original copy of your signed Credit Agreement. We fail to see why you have requested a copy of the Agreement as you have stated in your Defence that the original Agreement was in fact signed with Lloyds, therefore, by your own assertion, the fact that the Credit Agreement was signed by you, that you were provided with the facility and in turn utilised that facility has not been contested by you.
You have also asserted in your defence that the Claimant has used bullying and intimidating methods to try and retrieve the money owed. Under the Consumer Credit Sourcebook written by the Financial Conduct Authority, a creditor is allowed to ask you to pay and keep reminding you to pay your debts by use of reasonable contact. You have failed to provide any evidence that the contact you received from the claimant can be deemed as unreasonable.
In view of the information set out in this letter, we do not believe your Defence has any real prospect of success and we will therefore recommend to our Client that an application be made to strike out the Defence and to enter a Judgment against you for the full amount claimed together with legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within 14 days.
We await your response”
Do Cabot need to provide an original signed copy of the CCA please?
All advice greatly appreciated.
