Cabot financial Statute Barred

[Amethyst]

Ok cool. You weren't in any Debt management plan or anything that could have made that £20 payment last year or anything were you ? They will need to comply with the cca and cpr requests as well as evidence that payment so it is best to put everything in the defence just in case statute barring falls away for any reason.

[podjohn]

No I wasn't in any Debt management plan i pretty sure Ascent where a debt collection agency on behalf of blackhorse if that helps.Here's my Defence letter not sure what to put in regards to number 7 as it only says on the Particulars of Claim when it was Terminated no date for when it was assigned to Cabot,
In the Northampton County Court Business Centre
Claim No: [XXXXX]
[Claimants Name]
Claimant
And
[Defendants Name]
Defendant
DEFENCE
1.The Defendant received the claim [Claim Number] from the *Northampton *County Court on the *5 December 2019
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 unsecured loan agreement regulated under the Consumer Credit Act 1974.
4: The defendant contends that the alleged debt is statute barred pursuant to section 5 of the limitations act 1980.
5: It is the defendant's case that the last acknowledgement or payment of the debt was on or around 20th September 2013.
6: The claimant, in a letter dated 05/November 2019, has contended payments were made on the 17th of September 2014 and 20th September 2018. This is denied and the claimant is put to strict proof.
7.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
8.The Claimant's Particulars of Claim state the agreement was entered into on or around 26/03/2008
9.The Claimants statement of case states that the account was assigned from BlackHorse to Cabot however does not give a date The Defendant does not recall receiving notice of this assignment.
10.It is denied that BlackHorse 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
11.On the 10/12/2019 The Defendant 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. I requested the Claimant provide copies of the Agreement, Termination and Notice of Assignment.
12.Mortimer Clarke Solicitors has not sent any of these documents to the Defendant.
13.On the 10/12/2019 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14.The Claimant has failed to comply with s77 (1)* Consumer Credit Act 1974 and by virtue of s77 (4)* Consumer Credit Act 1974 cannot enforce the agreement.
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
18.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 ________________________________

will this be ok?

[Amethyst]

7.The Claimants statement of case states that the account was assigned from Blackhorse to Cabot however does not give a date. A copy of a notice alleged to have been sent by Cabot has been provided to me dated xxxxxx.The Defendant does not recall receiving this notice of this assignment.

[Amethyst]

4.The Defendant contends the alleged payments on the 17 September 2014 and 20 September 2018 no payment or Acknowledgement has been made for over 6 years.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980.



change to something like


4: The defendant contends that the alleged debt is statute barred pursuant to section 5 of the limitations act 1980.

5: It is the defendant's case that the last acknowledgement or payment of the debt was on or around 20th September 2013, over 6 years before the claim in this case was issued.*

6: The claimant, in a letter dated XXX 2019, has contended payments were made on the 17th of September 2014 and 20th September 2018. This is denied and the claimant is put to strict proof.

[Amethyst]

Paras 11 & 12 - take out the square brackets and you can remove reference to s78 as well as we know this is a fixed sum loan agreement ( so s77 applies )

Para 9 - remove square bracket

[podjohn]

Will that be better edit above i think i got everthink

[podjohn]

Think I change everything.Just one more thing I'm I the Claimant or Defendant in regards to this letter.
In the Northampton County Court Business Centre
Claim No: [XXXXX]
[Claimants Name]
Claimant
And
[Defendants Name]
Defendant
DEFENCE
1.The Defendant received the claim [Claim Number] from the Northampton County Court on the 5 December 2019
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 unsecured loan agreement regulated under the Consumer Credit Act 1974.
4: The defendant contends that the alleged debt is statute barred pursuant to section 5 of the limitations act 1980.
5: It is the defendant's case that the last acknowledgement or payment of the debt was on or around 20th September 2013.
6: The claimant, in a letter dated 05/November 2019, has contended payments were made on the 17th of July 2014 and 20th September 2018. This is denied and the claimant is put to strict proof.
7.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
8.The Claimant's Particulars of Claim state the agreement was entered into on or around 26/03/2008
9.The Claimants statement of case states that the account was assigned from BlackHorse to Cabot however does not give a date The Defendant does not recall receiving notice of this assignment.
10.It is denied that BlackHorse 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
11.On the 10/12/2019 The Defendant 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. I requested the Claimant provide copies of the Agreement, Termination and Notice of Assignment.
12.Mortimer Clarke Solicitors has not sent any of these documents to the Defendant.
13.On the 10/12/2019 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
18.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 ________________________________

[podjohn]

Amethyst*I've submitted my defence but then i received this letter form Mortimer Clarke this morning,




any idea of what might happen next?

[podjohn]

MIKE770*have you any idea of the above?

[MIKE770]

they are behind times, your defence is in their move next, keep an eye on your dates for next poss move

[podjohn]

MIKE770Should I expect to hear anything from the court or should I contact Mortimer Clarke with regards to the letter they sent or can they just go ahead and enforce the Judgment through the process called "re-determination".You say "keep an eye on my dates" which dates?

[MIKE770]

28 days of submission of your defence if they have not responded to court with their then the case gets stayed (parked up) until and if they pay to unstay it. do not remind them they know the procedure@= Amethyst* to pop in for you

[podjohn]

Should I see any changes in MCOL or will Mortimer Clark write to me,will they know my defence is submitted?

[MIKE770]

Keep eye on mcol. Read others threads see procedure

[podjohn]

Amethyst*In reference to the letter I received this morning (as above) is there anything I should do or wait for reply's