Recieved Claim Form for CCBC from Cabot Financial

[junkmanukuk]

Aww thanks for your help i really appreciate it

Also do i need to do this?

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

[echat11]

Aww thanks for your help i really appreciate it

Also do i need to do this?

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

You are sending 3 letters off in total, a CCA Request, a CPR 31.14 Request and a SAR request.

All the bit in red says, you are telling the Creditors solicitors that the Creditor has been sent a CCA Request.

Providing you've sent the Creditor a CCA Request (which is a), then keep it in.

[junkmanukuk]

Right i think im done last couple things

Is it 2 £1 postal orders i send for a and b?

Also C when its saying Name and address of the organisation i take it its Fluid and i should send them this letter

And send all letters recorded?

Also do i sign all the letters

Thanks

[echat11]

Right i think im done last couple things

Is it 2 £1 postal orders i send for a and b?

Also C when its saying Name and address of the organisation i take it its Fluid and i should send them this letter

And send all letters recorded?

Also do i sign all the letters

Thanks

a) Is it 2 £1 postal orders i send for a and b?

Only for a, don't need to send for b.

b) Also C when its saying Name and address of the organisation i take it its Fluid and i should send them this letter

Yes send to Fluid

c) And send all letters recorded?

Yes, that way you can track them. You could just get Proof of Postage which is free, but no tracking.

d) Also do i sign all the letters

Just print your name on all, in case they decide to be creative.

[junkmanukuk]

Many Thanks for everything

[echat11]

Many Thanks for everything

Keep on top of things, you can do this. Remember a Defence has to be filed.

[junkmanukuk]

Hi Remember a Defence has to be filed What do i have to do 4 that and do i do that by post as i cannot login online before the 30th

Thanks

[echat11]

Hi Remember a Defence has to be filed What do i have to do 4 that and do i do that by post as i cannot login online before the 30th

Thanks

Whether you get the requested information back or not from their solicitors, you have to file your Defence (you will already have some information for your Defence) amend the example below -

https://legalbeagles.info/library/gu...-court-claims/

If you copy and post your Defence on this thread by the 26th August, removing all personal / reference no details, I can check it for you.

Important to get your Defence in on time by the 26th August, don't leave it until last minute.

[junkmanukuk]

In the Northampton County Court Business Centre

Claim No

CABOT FINANCIAL UK LIMITED

And



DEFENCE

1.The Defendant received the claim from the Northampton County Court on 1/9/2022

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.It is admitted that the Defendant has entered into an agreement with Original Creditor 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 states the agreement was entered into around 22/08/2019

7.The Claimants statement of case states that the account was assigned from Fluid to CABOT FINANCIAL UK LIMITED no date was given The Defendant does not recall receiving notice of this assignment.

8.It is denied that Fluid 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.

9.On the 17/08/2022 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 LTD. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

10.Mortimer Clarke Solicitors LTD has not sent any of these documents to the Defendant.

11.On the 17/08/2022 The Defendant 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. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the 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.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.

16.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.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
I believe that the facts stated in this document being verified are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________

Dated ________________________________

Im not sure about 13

[echat11]

Can you remove the Ref No.?

Will take a look at the rest.

[junkmanukuk]

Thanks

[echat11]

I've removed 13 and renumbered. Highlighted changes in bold. Send a copy to the Court and the creditors solicitors (their address will be on the claim form), make sure you get Proof of Postage for both.


In the Northampton County Court Business Centre

Claim No

CABOT FINANCIAL UK LIMITED

And



DEFENCE

1.The Defendant received the claim from the Northampton County Court on 28 July 2022.

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.It is admitted that the Defendant has entered into an agreement with Original Creditor 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 states the agreement was entered into around 22/08/2019

7.The Claimants statement of case states that the account was assigned from Fluid to CABOT FINANCIAL UK LIMITED no date was given.
The Defendant does not recall receiving notice of this assignment.

8.It is denied that Fluid 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.

9.On the 17/08/2022 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 LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Mortimer Clarke Solicitors LTD has not sent any of these documents to the Defendant.

11.On the 17/08/2022 The Defendant sent a formal request for a copy of the original agreement to CABOT FINANCIAL UK LIMITED pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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.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.

15.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.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this document being verified are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________

Dated ________________________________

[junkmanukuk]

Thank you so much for everything

[echat11]

Thank you so much for everything

The Creditor / Solicitor has 28 days to respond to your Defence. As soon as they send a response / documents update the thread, then you can evaluate, decide on whether to mediate or not etc.

[junkmanukuk]

Hi

I post them out today 1st class and got proof of postage but the Postmen are on strike for four days so it might not get there for the 30th should i ring the court or email them?

Thanks