Cabot finance v me

[Greg1801]

Hello I received a ccj claim form from the bulk center from Cabot finance on the 25th May 2017 for a debt that is dated back to 2007 which to my best knowledge I know nothing about.... I responded to the claim to grant me the 28 days to file my defence and I have sent the letters to Cabot for the cca and sent a letter to the solicitor for the cpr31.14 with the relevant postal orders... well yesterday I received a letter from the solicitor saying that there client is willing to agree to the extension of 28 days to file defence. Pursuant to for 15.5 (2) please notify court in writing of agreement... they also state that I should of already of inspected the documents relating to the CPR 31.14 from the original creditor and to confirm that I have these in my possession.. . As this debt is from over 10 years ago and I don't have a clue what it is about i am just wondering where do I go from now many thanks and sorry if I sound stupid but all help appreciated

[Diana M]

Re: Cabot finance v me

Would I be right in thinking that the solicitors are Restons?

If they've told you in writing that they agree to an extension of time to file your Defence then you need to inform the court of that (in writing). Make sure you're clear on the new deadline.

Who was the original creditor before it was assigned to Cabot? Are they named on the Particulars of Claim?

In fact type out the POC removing anything which could identify you in order to see what they're claiming and why they think they have the right to claim it.

Di

[Greg1801]

Re: Cabot finance v me

The poc are as follows
The claim is for the balance of instalments due and unpaid under agreement dated 02/07/2007 and under which bluestone finance provide credit in relation to the purchase of goods payable by instalments the agreement was assigned to the claimant particulas 1. Amount due and unpaid 7523.33 the claimant therefore claims....

But to the best of my knowledge i don't remember ever having dealing with bluestone finance so am wondering what to do next thanks

[Greg1801]

Re: Cabot finance v me

Oh and the solicitor is Mortimer clarke

[Greg1801]

Re: Cabot finance v me

I have now received a letter telling me to get in contact with the court for a extension of 28 days which I have done.... so now my defence has to be in for the 20 July.. . But have not received any of the documents I have requested... so how should I go about writing my defence many thanks

[Greg1801]

Re: Cabot finance v me

Really need help on this matter please

[warwick65]

Re: Cabot finance v me

Hi

So your defence is due in today ?

It looks as if the POC did not mention if the claim was a regulated credit agreement is that right?

Did you ever send a CCA request to Cabot? I see you did- was there a response?

After the solicitors got back to you saying you would have these documents did you reply to them, if so what was the outcome ?

The best you can do is use one of the template defences listed in the green(ash) box at the top of the thread
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

[Greg1801]

Re: Cabot finance v me

Hiya thank you for your reply... my defence is due in on Tuesday... I sent the letter to Cabot about the CCA never got a response I also sent the letter to Mortimer clarke solicitors to which I got a response saying to tell the court that they agree to a extension of a further 28days as they didn't hold any of the documents and that Cabot couldn't find them and the case was put on hold and no further action will be taken until the documents are found...
So I sent the letter to the court for the extension.... then sent a letter back to Mortimer clarke stating I needed the documents in order to file my defence...
Yesterday I received another letter from Mortimer clarke with a copy of the first letter they sent telling me to refer to the first letter and the case has been put on hold....
So now what should I do .
Many thanks

[warwick65]

Re: Cabot finance v me

Hi

If it were me I would start working on my defence using one of the templates in the box above so it is ready to go on Tuesday ( or Monday of like me you get nervous)

If you do a draft and post it up ( minus and dates or figures that could identify you) and no doubt some good people will give it the once over. It is no excuse of MC to say you had the documents - they should be able to produce them

[Greg1801]

Re: Cabot finance v me

Thank you I will get right on it thanks

[Greg1801]

Re: Cabot finance v me

Will this do as my defence obviously i still need to fill in the names and dates... but this is what I am thinking of sending in.... any help appreciated

In the Northampton County Court Business Centre
Claim No: [XXXXX]

Cabot finance
Claimant
And

[Defendants Name]
Defendant


DEFENCE
1. I received the claim [Claim Number] from the Northampton County Court on 29/05/2017
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 Loan agreement regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has previously entered into an agreement with bluestone finance or Cabot finance for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. It is denied that Bluestone finance 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 [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment
8. Mortimer Clarke have not sent any of these documents to me.
9. On the [Date] I sent a formal request for a copy of the original agreement to Cabot finance pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. 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.
11. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
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.
13. 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.
14. 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.
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 Defence are true.
Signed ________________________________
Dated ________________________________