Cabot/Reston Solicitors Claim Form

[Farook]

Hello everyone,

I have received a Claim form from the County Court Business Centre.

I am yet to acknowledge the claim. Only received today.

Claim total: £5600

Claimant: Cabot Financial (UK) Limited

Solicitor's Firm: Restons Solicitor Limited

Original Creditor: MBNA Europe Bank Ltd

Original Debt: Credit Card

Particulars of Claim:

The Claimant claims payment of the overdue
balance due from the defendants and MBNA Europe Ltd
dated on or about Apr 29 1998 and assigned
to the claimant on Mar 20 2001
Notice of the assignment has been given to
the Defendant.

PARTICULARS a/c no ****************

DATE ITEM VALUE
22/12/2020 Default Balance 5600
Post Refrl Cr NIL


TOTAL 5600


Last contact with claimant was a payment made towards the debt 15/7/2015

Letter of claim was received around January the 4th 2020 giving me until 1st February 2021 to respond. Unfortunately I didn't respond until Thursday 4th February 21 with a letter to Reston Solicitors, where I requested:

1: a copy of the agreement
2: Statement of account
3: signed true copy of the deed of assignment
4: copy of any other documents relating to this agreement, with a postal order for £1.

I sent letter recorded delivery next day however, it seems as though they still haven't received the letter, probably will receive on Monday. I received claim form today 6th February 21.

I defaulted on this card a long time ago and was making £2 payments to Cabot for a while, after I was told that I need not bother as the debt was over 6 years ago and stopped. I ignored all letters thinking the debt was statuate barred. However, I have now learnt that it may not be due to the last payment being made in 2015.

After doing some research on this brillaint website I think I have worked out that I need to acknowledge the claim and then file a defence depending on what paperwork they produce. Is there anything else I need to do?

Please let me know if you require any further information for you to be able to help me, I do have a statment of account from Cabot which they sent to me in December 2020.

Regards

[Farook]

Hello,

Following on from my previous post I have prepared my defence below.

I have edited it to suit, but am not sure if it is correct. Any chance someone can advise whether this is satisfactory please?



In the Northampton County Court Business Centre
Claim No: **********
Cabot Financial (UK) Limited
Claimant
And
Mr *************
Defendant



DEFENCE
1. The Defendant received the claim ******* from the Northampton County Court Business Centre on 8^th February 2021.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimant’s Particulars of Claim /states the agreement was entered into on 29^th April 1998

6. The Claimants statement of case states that the account was assigned from MBNA Europe Ltd to Cabot Financial UK Ltd on 20^th March 2001. The Defendant does not recall receiving notice of this assignment.

7. It is denied that MBNA Europe 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. 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.

8. On the 1^st February 2021 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Reston’s Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Reston’s solicitor’s has not sent any of these documents to the Defendant.

10. On the 1^st February 2021 The Defendant sent a formal request for a copy of the original agreement to Cabot financial UK Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


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. 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.

14. 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.

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 ________________________________

[Farook]

Am I able to submit this defence online? As I have to file by the 9th of March. Thanks

[ostell]

Yes, there is an email address available. I can't find it at the moment. Somebody might help out. Check here: https://www.justice.gov.uk/courts/email-guidance

convert to PDF to send and don't forget to sign

[EnglandPi]

6. The Claimants statement of case states that the account was assigned from MBNA Europe Ltd to Cabot Financial UK Ltd on 20^th March 2001. The Defendant does not recall receiving notice of this assignment. YOU EITHER DID OR YOU DIDN'T the court wont care what to recall or don't recall.

[Farook]

Yes, there is an email address available. I can't find it at the moment. Somebody might help out. Check here: https://www.justice.gov.uk/courts/email-guidance

convert to PDF to send and don't forget to sign

Thanks, I call the court telephone line and the automated messgae has an option for the email address. The address is ccbc@justice.gov.uk.

[Farook]

6. The Claimants statement of case states that the account was assigned from MBNA Europe Ltd to Cabot Financial UK Ltd on 20^th March 2001. The Defendant does not recall receiving notice of this assignment. YOU EITHER DID OR YOU DIDN'T the court wont care what to recall or don't recall.

Thanks for pointing this out, I have amended to I did not receive as I didn't.

I have just now emailed the defence to the court.

However, I received a letter from Cabot with regards to the request of information under section 77-79 of the consumer credit act 1974 in which it states that they are doubtful that they are going to be able to provide this information within the 12 day time limit as they have to obtain the information from the original lender and that the credit agreement shall become temporarily unenforceable, however, they hope to retrieve the information soon after and shall continue to chase the debt. Whatever that means!

[Farook]

The email address for submitting defence via email is: ccbc@justice.gov.uk, in the subject put down the case number.

Just incase somebody needs it.

[Lila42]

Hi I'm to ashamed what I did. I going through very difficult time with my marriage situation for about two years. I had misscarage recently and on anti desperation medication. I find out recently that my husband cheating on me and that put me under so much stress and start thinking im ugly and that's why my husband going after girls so end up looking how to look beautiful with all this beauty products on market use to look them and put them away and ending up with shoplifting. I been so stupid not thought at the time what I was doing caught at the exit of boots the security guards took me to a room and started yelling at me don't touch your bags and told me to sit in the corner I been crying and with history of panic attacks was in so bad situation. I keep on asking them please don't tell the police but the security guard keep on tell me you came last week here and you done.(which was totally lie I been to boots after an year and never shoplifted before ).He said he informed the police and they coming at 3.00 so I had to wait for an hour because they busy I begged them that let me and I will pay whoever but they didn't care what I was saying. At 3.00 no came so I asked you said 3.00 they then he reply I 3.or mybe 3.30 or mybe we don't know so been held there for nearly 4 hours crying but no one care.At the end asked me you will pay for this and I said I will that's what I'm saying then I paid but they refused to give me receipt and told me you won't get it in panic I just left the store. The security guard did not say about ban or anything so got home and couldn't stop thinking what will happen my husband was home so couldn't call them aswell but somehow I managed to get out house and went to store because the guilt was so bad the I couldn't go to sleep for two nights. In the store I saw the same lady who helping the security guard the day when she saw me told me to follow her and asked why you here so I started crying and told her I'm so scared the police will come to my and my marriage will end and want to apologize what I did she said it's up to security guard not me I don't know the procedures so told me to leave.I received letter on 2 days after the I'm banned from store and if I ignore this later than they will take court action. I got so scared and called the store to get Information from security guard but they gave the phone to manager and did speak to me very disrespectfully we don't know what will happen to you we do report everything to police so it's up to police what will they do to you and put the phone down. IM just scared to death now what will happen now please help me