Cabot Financial UK LTD VS NeilVox

[NeilVox]

Hi guys,

Ive gone about this a little untidily but here's what I've done so far:-

Received a claim? Yes:
Issue Date: 8/01/2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: 741.86
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: Vanquis Bank LTD
Original Debt (eg. Credit card/Loan/Overdraft) : Credit card
Particulars of Claim: Please type out in full excluding names/account numbers: By an agreement between Vanquis Bank Ltd & the defendant on or around 01/07/2015 ('the agreement') Vanquis Bank Ltd agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due& the agreement was terminated. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 611.86
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 ) CCA and CPR (recvd by MC and Cabot 27/02/2018
Any Other Information or Background Details: Had extension to 5th March as they didn't receive first letters sent - resent and called to check - MC said they were about to send a letter to me stating I should already have correspondence in relation to this, I said I hadn't - they were going back to Cabot for documents - this conversation was on 2nd March - heard nothing so far.

I'd really appreciate some help as I'm stuck for the next steps - thanks in advance.

NV

[NeilVox]

Hi there and thanks for replying.

AOS has been done.

The claimant is Cabot Financial (UK) Limited.

Kindest regards

NV

[warwick65]

When did they agree an extension until and did you tell the court?

I think you need to be working on that defence asap even if they haven't supplied documents

[jaguarsuk]

Hi there and thanks for replying.

AOS has been done.

The claimant is Cabot Financial (UK) Limited.

Kindest regards

NV

If you filed the AOS within 19 days your deadline for your defence was 09/02/2018.

MC said they were about to send a letter to me stating I should already have correspondence in relation to this, I said I hadn't - they were going back to Cabot for documents - this conversation was on 2nd March - heard nothing so far.

Was this a telephone conversation and did they follow it up with a letter or email agreeing to extend the time for filing a defence?

did you tell the court?

If they confirmed in writing as Warwick asks?

Also, how long was the extension for?

A further 28 days was the 08/03/2018, so hopefully it's longer.

[Diana M]

If you filed the AOS within 19 days your deadline for your defence was 09/02/2018.

Was this a telephone conversation and did they follow it up with a letter or email agreeing to extend the time for filing a defence?

Also, how long was the extension for?

A further 28 days was the 08/03/2018, so hopefully it's longer.

The parties cannot agree an extension longer than 28 days.

The Defendant has to inform the court in writing of any extension agreed regardless of whether the Claimant has confirmed it to the Defendant in writing.

The OP has now missed their Defence filing deadline with the court even if they had informed them of the maximum extension permitted.

Di

[jaguarsuk]

The parties cannot agree an extension longer than 28 days.

The Defendant has to inform the court in writing of any extension agreed regardless of whether the Claimant has confirmed it to the Defendant in writing.

The OP has now missed their Defence filing deadline with the court even if they had informed them of the maximum extension permitted.

Di

I thought they had.

You need to contact the County Court Business Centre NeilVox to see if a default judgement has been entered against you.

[NeilVox]

Hi all,

Thanks again for the responses.

I called the CCBC and judgement has not been given as yet.

To answer your questions:

There was no follow up letter after the telephone call to MC on the 2nd Mar.
The court confirmed via email for an extension up to 5th Mar, however they say they cannot do progress unless instructed by MC.

The MCOL site is still allowing me to file a defence and the CCBC confirmed I can still do this (if that helps.)

Kindest regards

NV

[NeilVox]

Hi,

To clarify the call with MC, they said they will not progress until they had sorted the replies to the CCA CPR request - not sure if they honour that but there's no judgement against me currently.

Kind regards

NV

[Diana M]

I called the CCBC and judgement has not been given as yet.

The MCOL site is still allowing me to file a defence and the CCBC confirmed I can still do this (if that helps.)

So file your Defence online today before you get a Default Judgment.

Di

[NeilVox]

Thanks Di, will do - I'm using the template letter as we speak - would I use section 77 or 78 for the defence?

[NeilVox]

Here is my defence:

In the Northampton County Court Business Centre
Claim No: *********

Cabot Financial (UK) Limited
Claimant
And

N

Defendant




DEFENCE

1. I received the claim ********* from the County court business centre, Northampton County Court on 8^th January 2018.
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 agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has previously entered into an agreement with Vanquis Bank LTD 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 Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Vanquis Bank Ltd to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.
8. It is denied that Vanquis Bank Ltd 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.
9. On the 25^th February 2018 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 Solicitors LTD. I requested the Claimant provide copies of the Agreement, Default Notice, Formal Demand and Notice of Assignment.
10. Mortimer Clarke Solicitors LTD has not sent any of these documents to me.
11. On the 25^th February 2018 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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 N
Dated ^22nd March 2018


If someone could point me in the direction of point 11 and 12, I'd appreciate it as i'm a little stuck with the options - on the letter to cabot, I citedthe Consumer Credit Act 1974 (Sections 77−79)

Thanks again for the help so far.

NV

[NeilVox]

Hi,

I've found the answer - thank you all for your help - this site is great and I appreciate your assistance.

Kind regards

NV

[jaguarsuk]

Hi,

I've found the answer - thank you all for your help - this site is great and I appreciate your assistance.

Kind regards

NV

File it now

[Diana M]

I thought they had.

My point was to make clear that the parties cannot agree longer than 28 days extension to file a Defence when your post implied that they could.

It's important to get the facts right since other members/guests read these threads and potentially act on what they read.

Also, how long was the extension for?

A further 28 days was the 08/03/2018, so hopefully it's longer.

The parties cannot agree an extension longer than 28 days.

Di

[warwick65]

If you haven't filed it just two points

If you have, well its not the end of the world

Although I do not know how to argue it , I would include a line saying cabot is unlicensed - if its not in the defence it might be difficult to argue it

I would also add the claimant is request to prove their right to bring a claim by disclosing details of the assignment