Filing Defence At Court

[Justice2U]

Hi everyone at Legalbeagles

I need some direction to next steps as I'm at the stage of filing my defence which is due by Thursday. I have sent the Section 77-79 Consumer Credit Act 1974 letters to both Cabot Financial and their solicitors Mortimer Clarke. They have both responded acknowledgement of the correspondence.

The last paragraph from Mortimer Clarke reads "this firm acts on its clients instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken.'

I received an initial response from Cabot Financial on 1st August in the same vain. 'Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender.....This may take some time, but we will write to you within the next 12 days with an update.

The update came on 10th August. 'We are still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we re able to reply to your request. This mens we are not permitted to obtain a judgment or decree again you in Court.

Cabot Financial are still insisting that they will continue to send letters and call asking for payment.

I intend to still file a defence and my question is what sections of the defence do I include in relation to their response to my request and quoted from their correspondence above. Time is of the essence to file the defence by the 23rd August . I would really appreciate feedback and pointed in the right direction to my next steps.

Thank you for taking the time to read my post. Any help will gratefully be appreciated.

[jaguarsuk]

Hi everyone at Legalbeagles

I need some direction to next steps as I'm at the stage of filing my defence which is due by Thursday. I have sent the Section 77-79 Consumer Credit Act 1974 letters to both Cabot Financial and their solicitors Mortimer Clarke. They have both responded acknowledgement of the correspondence.

The last paragraph from Mortimer Clarke reads "this firm acts on its clients instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken.'

I received an initial response from Cabot Financial on 1st August in the same vain. 'Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender.....This may take some time, but we will write to you within the next 12 days with an update.

The update came on 10th August. 'We are still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we re able to reply to your request. This mens we are not permitted to obtain a judgment or decree again you in Court.

Cabot Financial are still insisting that they will continue to send letters and call asking for payment.

I intend to still file a defence and my question is what sections of the defence do I include in relation to their response to my request and quoted from their correspondence above. Time is of the essence to file the defence by the 23rd August . I would really appreciate feedback and pointed in the right direction to my next steps.

Thank you for taking the time to read my post. Any help will gratefully be appreciated.

When was the last payment or default date of the agreement (which ever was later)?

What is it for, loan or credit card?

[Justice2U]

This is for a credit card.
The last payment was in 2014, the last coomunication received from the original creditor was October 2016 and then Feb 2018 stating they had transferred ownership to Cabot.
Cabot bought the account in Feb 2018
Cabot has filed in their particulars of Claim that the agreement dates back to 2005. No monies has been paid since 2014.

Received letter from the original creditor in 3rd May 2017 that the account had been transferred to CSL Limited (Credit Security Limited)
CSL sent letter 4th May 2017 claiming ownership of account.

I have a few queries with regard to the Defence template if I'm defending the claim and the correct responses

Section 2enied/Admit (not sure how to answer)
Section 4:is it denied or agree (not sure how to answer)
Section 6: I assume this section is deleted as there is a date stated in the Particular of Claim
Section 7: Is it now statued barred based on the date quoted by the Claimant (2005)
Section 8: Is this deleted since I did receive notification in 2017
Section 9: Not sure how to answer

Hope this gives you more information with regards to my query.

Thanks for help and support

[Justice2U]

Sorry to bother you but do you have any feedback to my last post. Need to file in the next hour or so.

Thanks for help

[Amethyst]

Sorry your post was missed. I've moved the thread to the court claim forum now so it should get seen.

If you had received no documents from the claimant then the 'standard' defence would have been okay with your amendments. If the original creditor sold the debt to CSL and that was a notice of assignment, then the notice of assignment when the debt went to Cabot should have come from CSL .... so there may be issues there you should bring up. It may be CSL were acting FOR the origional creditor rather than purchased the debt, but worth investigating.
Statute barred would be from date of default or last payment, not the date of opening ( so more likely the time period would run from around oct 2016 when it defaulted - so unlikely to be statute barred )
Anything on your credit file?

The last paragraph from Mortimer Clarke reads "this firm acts on its clients instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken.'

I received an initial response from Cabot Financial on 1st August in the same vain. 'Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender.....This may take some time, but we will write to you within the next 12 days with an update.

The update came on 10th August. 'We are still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we re able to reply to your request. This mens we are not permitted to obtain a judgment or decree again you in Court.

Cabot Financial are still insisting that they will continue to send letters and call asking for payment.

This is a problem with communication between Cabot and the solicitors, you should of course stick to the court timetable. We have recently raised this issue with Cabot as we feel it misleads debtors into failing to file a defence because they are wrongly told the case is on hold, so hopefully this will improve in the future. Suprised that Mortimer Clarke have said the case is on hold, they may well not file for a default judgment if you did fail to file a defence but its extremely uncertain and I'd only ever 'wait' if they formally agreed to an extension of 28 days via the court CPRs.

[Amethyst]

Actually, once we know you're okay with your defence filed etc. Would you be able to redact and post up a copy of those two letters and your CCA request please.