STAYED Cabot financial vs kinny2018

[Kinny2018]

Received a claim? Yes
Issue Date: 12/01/2018
Have you Acknowledged the Claim?: yes
Total Amount Claimed: 327.04
Claimant’s Name: Cabot financial uk ltd
Solicitors Firm: reestons solicitors limited
Original Creditor: express gifts
Original Debt catalogue
Particulars of Claim: Please type out in full excluding names/account numbers: the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and express gifts dated on or about Apr 30 2016 and assigned to the claimant on Jul 05 2017
particulars a.c. no xxxxxxxx
date 21/11/2017 default balance 252.04
post refrl cr nil
total 252.04
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ) cpr31.14
Any Other Information or Background Details: received a letter back from reestons stating CPR 31.14 does not apply as the documents I requested where not in the particulars of the claim.

please help? Thanks

[warwick65]

Hi Kinny
I got your PM

Just to check but it seems you are on the right track
Issue date 12th january ?

I assume you have acknowledged the claim

If yes you now have until 14th Feb to submit a defence.

You have sent a Cpr31.14 request ti Restons?
When?
What did you ask for?
Have you had anything back?

Have you sent a CCA request to cabot financial ?

If not, get one posted on Monday (or this evening if there is a post office open near you)
http://legalbeagles.info/library/gui...etter-example/

You need to send a £1 postal order with it and send it Royal Mail signed for

[Kinny2018]

Hi all

I am about to submit my defence, can someone have a look at it and make sure I have covered everything please?

thanks

In the Northampton County Court Business Centre
Claim No:Â*xxxxxxxx
Â*
CABOT FINANCIAL (UK) LIMITED
Claimant
And
Â*
myself

Defendant
Â*
Â*


DEFENCE
Â*

1. I received the claimÂ*xxxxxxx from the Northampton County Court on 13/01/2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has entered into an agreement with Express Gifts 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. The Claimants statement of case states that the account was assigned from Express gifts to Cabot financial (UK) limited on 05/07/2017. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Express Gifts 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 14/01/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Reestons Solicitors ltd. I requested the Claimant provide copies of the Contract, Default Notice and Notice of Assignment.
9. Reestons Solicitors has not sent any of these documents to me.
10. On the 14/01/2018 I sent a formal request for a copy of the original agreement to Cabot financial (UK) Limited pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. 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.
12. 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.
13. 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.


Â*

[warwick65]

In para 4 you deny that you ever entered into dealings with express gifts- if this is true then thats ok, if you did I would amend that to it is accepted the defendant had dealings with Express gifts

I say this because if you did not have any dealing with them then the whole point if your defence would change - they would have to prove its you

It is Restons not Reestons

[Kinny2018]

Thanks for your response, so I did enter into an agreement so should I take that paragraph out and amend the name to reestons? Would this be good to go then as last day for defence is tomorrow. ThanksÂ*

[Kinny2018]

Restons stupid predictive text

[warwick65]

I would alter para 4 to
It is admitted the claimant has, in the past , had dealings with Express gifts

In doing that you have told the truth ( as opposed to what you had put earlier which was not true) . Now if I were a Judge and it was shown a defendant hadn't told the truth on a point where they had signed a 'statement of truth' , I might wonder just what else they had not told the truth about.

There is a huge difference between not telling lies and not telling the whole truth if you see what I mean

I would either add to para 6 or include a new para between 6 and 7 ( amending all relevant paragraphs
The claimant is requested to prove their right to bring a claim by producing a valid and legible deed of assignment.

[Kinny2018]

Centre
Claim No:Â*
Â*
CABOT FINANCIAL (UK) LIMITED
Claimant
And
Â*

Defendant
Â*
Â*
DEFENCE
1.Â*Â* Â*The defendant received the claim xxxxxÂ* Â*from the Northampton
County Court
on 13/01/2018
2.Â*Â* Â*Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.
3.Â*Â* Â*This claim is for a Catalogue Account agreement regulated under
the Consumer Credit Act 1974.
4.Â*Â* Â*It is admitted that the Defendant has in the past had dealingsÂ*
with Express Gifts
5.Â*Â* Â*The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.
6.Â*Â* Â*The Claimants statement of case states that the account was
assigned from Express gifts to Cabot financial (UK) limited on
05/07/2017. The Defendant does not recall receiving notice of this
assignment. The claimant is required to prove their right to bringÂ*
a claim by producing a valid and legible deed of assignment.
7.Â*Â* Â*It is denied that Express Gifts 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.Â*Â* Â*On the 14/01/2018 The defendant sent a request for inspection
of documents
mentioned in the claimant’s statement of case under Civil
Procedure Rule 31.14 to Restons Solicitors ltd. The defendant
requested the
Claimant provide copies of the Contract, Default Notice and Notice
of Assignment.
9.Â*Â* Â*Restons Solicitors has not sent any of these documents to me.
10.Â*Â* Â*On the 14/01/2018 I sent a formal request for a copy of the
original agreement to Cabot financial (UK) Limited pursuant to
section 77-79 of the Consumer Credit Act 1974 along with the
statutory £1 fee.
11.Â*Â* Â*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.
12.Â*Â* Â*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.
13.Â*Â* Â*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.Â*Â* Â*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.Â*Â* Â*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.Â*Â* Â*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 _______12/02/2018________________________

[Kinny2018]

Thanks for your help, 1st time doing this. Do you think this is ready to be sent?Â*

[warwick65]

I am assuming the silly letters I can see are something to do with the forum otherwise it looks ok to me but I am no expert

I would make sure there was a gap between paragraphs and maybe 1.15 or even 1.5 line spacing in paragraphs

[Kinny2018]

Yes I don't know what them symbols are. I have sent the defence and will update when I get a response. Thanks again for your help.Â*

[Kinny2018]

Hi all
I filed my defence on 13/02/2018 and received the acknowledgement from the business centre and also received a letter dated the 18/02/2018 from restons stating they have asked Cabot to provide documents. I have still not received directions questionairre from business centre. Am I correct in thinking it has now gone over the 28 days so claim should be stayed?
thanks

[Whellam74]

I am in a similar situation and in a holding pattern. Claims was stayed as claimant attempted to amend particulars of claim but didnt pay for it so claim stayed. The was about a 3/4 day delay before and I was not advised and had to ring the court for an update myself. They are very good and will openly tell you whether the claimants solicitors have been engaged. In my case they missed the 28+5 day’s to respond as well

[warwick65]

The claim should now be stayed but there is nothing stopping them applying to lift the stay later.

[Kinny2018]

Thanks for the reply, so I have spoken to the business centre and the claim was stayed on the 19/03/18, what should be my next steps as I know the claimant can apply for the stay to be lifted.
is an unless order a good idea or not?
Should I just sit tight and see what happens?
any reply is much appreciated.
thanks