Cabot Debt Unenforceable but taking me to court to throw out my defense.

[mrmonkey]

ok thanks

i have done this

Claim Number cbvsme.rtf

Claim Number:

IN THE COUNTY COURT AT

Claimant - CABOT FINANCIAL (UK) LIMITED

-v-

Defendant -

SKELETON ARGUMENT OF THE DEFENDANT

HEARING ON APRIL 2024

This is a Skeleton Argument by the Defendant as to why the claimant should not be awarded Judgement.

References

Me – Me
CF – Cabot Financial
MC – Mortimer Clark
FW – Fashion World
JD – JD Williams
xxx – Claimants Statement Documentation Various pages
xx1 letter of Debt Unenforceable and closure of Account (attached )
xx2 Letter of receipt of defence. (attached)





I xx received a county court claim notice in November 2021 from the court for the claimant CF represented by MC

The Claim was vague only mentioning an account number and an amount stated to be owed to CF

I requested further information from CF in the form of a CCA request (x pages xx to xx) and a CPR 31.14 request (xxx pages 3x to xx5) to enable me to understand the debt being claimed against me. Copies were sent to MC.

I received 2 letters (xx1) and (xxx) in response after filing my defence from MC i have attached them to this Skeleton Argument, the basis being the debt was unenforceable at the time.

When taking a claim of debt to court one would think that with the expertise of CF and MC that the relevant documentation required under Consumer Credits Protection Act that they would have had the relevant documents prior to issuing proceedings.

In the witness statement CF claim they made relevant contact to allow and negotiate a conclusion prior to going to court and provided evidence to back their claim and response to my defence this is dated xxxxx/2023 (xx1 pages x to x) .
I would like to acknowledge this is 2 years after the original claim and request for information, the requested documents under CPR31.14 are still incomplete.

CF says the letter before claim dated xxxx/2023 was sent by MC giving me time to respond i point out that the letter (x Pages x to x) states it was sent via email to x@x.com this is my email address.
Upon receipt of the claimant's witness statement and case documentation received from the court, (No copy was issued or provided to me from CF or MC) I checked my email and there was nothing in my inbox or my junk folder, unfortunately junk mail gets automatically deleted after 30 days I believe.
I find this particularly unprofessional but consistent with the behaviour of CF and MC regarding this claim.

I would like to argue the validity and legality of the provided documents pursuant to the consumer credit protection act.

A CCA Agreement with x.00 credit limit which expires after 12 months this is Not dated.
I do not remember signing a credit agreement but agree credit has been obtained per the statement of account.
The credit limit appears to be much higher than the xxxx-pound agreement, I have never agreed to a credit limit increase or signed an agreement in accordance with this.


The notice of assignment a copy of which (x1 pages 7x to 1x0) is dated xxxx/2018 is incomplete, it states the debt was sold to Cabot Financial (Uk) limited and contact should be made to Cabot Financial (Europe) limited, phone number is provided but no Business address is included, and the assignment provided should have had an address for CF included on the letter of assignment.

I have never received a default notice from FW or JD regarding the CCA and CF includes in their witness statement a copy of a computer screen depicting what CF states shows a default letter being sent (xpage x.
The computer screen print out is not proof of the default letter sent neither what it contained..

Therefore it is requested that Judgement not be granted to the claimant on the evidence above and CF bear all costs associated with bringing this claim to court.

name
address
post codeCCA request and CPR 31.14

[mrmonkey]

also should i add the fact i was on incapacity benefit at the time and had been up until 2 years ago for over 10 years for aggivated depression anxiety, psychosis, paranoia and was on mediacation anti depressants and anti psychotics?

[echat11]

also should i add the fact i was on incapacity benefit at the time and had been up until 2 years ago for over 10 years for aggivated depression anxiety, psychosis, paranoia and was on mediacation anti depressants and anti psychotics?

Yes, add that at the end. The best thing to do is, take 3 copies with you.. Rushing this, is as bad as emailing a Skeleton Argument that doesn't do your case justice. So you basically give the Court and the Creditor a copy on Monday as soon as you get there, first thing. I have a read and suggest things over next few days.

[mrmonkey]

the court it says might not like or accept a skeleton argument on the day? will it be ok on the day?
i appreciate you taking the time to read and update me on this,

[mrmonkey]

Claim Number:

IN THE COUNTY COURT AT

Claimant - CABOT FINANCIAL (UK) LIMITED

-v-

Defendant -

SKELETON ARGUMENT OF THE DEFENDANT

HEARING ON APRIL 2024

This is a Skeleton Argument by the Defendant as to why the claimant should not be awarded Judgement.

References

Me – Me
CF – Cabot Financial
MC – Mortimer Clark
FW – Fashion World
JD – JD Williams
xxx – Claimants Statement Documentation Various pages
xx1 letter of Debt Unenforceable and closure of Account (attached )
xx2 Letter of receipt of defence. (attached)





I xx received a county court claim notice in November 2021 from the court for the claimant CF represented by MC

The Claim was vague only mentioning an account number and an amount stated to be owed to CF

I requested further information from CF in the form of a CCA request (x pages xx to xx) and a CPR 31.14 request (xxx pages 3x to xx5) to enable me to understand the debt being claimed against me. Copies were sent to MC.

I received 2 letters (xx1) and (xxx) in response after filing my defence from MC i have attached them to this Skeleton Argument, the basis being the debt was unenforceable at the time.

When taking a claim of debt to court one would think that with the expertise of CF and MC that the relevant documentation required under Consumer Credits Protection Act that they would have had the relevant documents prior to issuing proceedings.

In the witness statement CF claim they made relevant contact to allow and negotiate a conclusion prior to going to court and provided evidence to back their claim and response to my defence this is dated xxxxx/2023 (xx1 pages x to x) .
I would like to acknowledge this is 2 years after the original claim and request for information, the requested documents under CPR31.14 are still incomplete.

CF says the letter before claim dated xxxx/2023 was sent by MC giving me time to respond i point out that the letter (x Pages x to x) states it was sent via email to x@x.com this is my email address.
Upon receipt of the claimant's witness statement and case documentation received from the court, (No copy was issued or provided to me from CF or MC) I checked my email and there was nothing in my inbox or my junk folder, unfortunately junk mail gets automatically deleted after 30 days I believe.
I find this particularly unprofessional but consistent with the behaviour of CF and MC regarding this claim.

I would like to argue the validity and legality of the provided documents pursuant to the consumer credit protection act.

A CCA Agreement with x.00 credit limit which expires after 12 months this is Not dated.
I do not remember signing a credit agreement but agree credit has been obtained per the statement of account.
The credit limit appears to be much higher than the xxxx-pound agreement, I have never agreed to a credit limit increase or signed an agreement in accordance with this.


The notice of assignment a copy of which (x1 pages 7x to 1x0) is dated xxxx/2018 is incomplete, it states the debt was sold to Cabot Financial (Uk) limited and contact should be made to Cabot Financial (Europe) limited, phone number is provided but no Business address is included, and the assignment provided should have had an address for CF included on the letter of assignment.

I have never received a default notice from FW or JD regarding the CCA and CF includes in their witness statement a copy of a computer screen depicting what CF states shows a default letter being sent (xpage x.
The computer screen print out is not proof of the default letter sent neither what it contained.

Therefore it is requested that Judgement not be granted to the claimant on the evidence above and CF bear all costs associated with bringing this claim to court.

I was on long term incapacity Benefit which then changed to ESA for over 10 years which ended in 2022 by choice, this was for agitated depression, paranoia and psychosis, i was on medication which included anti depressants and anti psychotics.
In the last 2 years i have started employment and am trying to lead a relatively normal life, unfortunatly this case and the way it has been dealt with by CF and MC has led to me suffering with anxiety and feeling depressed at times.

name
address
post code

[echat11]

Claim Number:

IN THE COUNTY COURT AT

Claimant - CABOT FINANCIAL (UK) LIMITED

-v-

Defendant -

SKELETON ARGUMENT OF THE DEFENDANT

HEARING ON APRIL 2024

This is a Skeleton Argument by the Defendant as to why the claimant should not be awarded Judgement.

References

Me – Me
CF – Cabot Financial
MC – Mortimer Clark
FW – Fashion World
JD – JD Williams
xxx – Claimants Statement Documentation Various pages
xx1 letter of Debt Unenforceable and closure of Account (attached )
xx2 Letter of receipt of defence. (attached)





I xx received a county court claim notice in November 2021 from the court for the claimant CF represented by MC

The Claim was vague only mentioning an account number and an amount stated to be owed to CF

I requested further information from CF in the form of a CCA request (x pages xx to xx) and a CPR 31.14 request (xxx pages 3x to xx5) to enable me to understand the debt being claimed against me. Copies were sent to MC.

I received 2 letters (xx1) and (xxx) in response after filing my defence from MC i have attached them to this Skeleton Argument, the basis being the debt was unenforceable at the time.

When taking a claim of debt to court one would think that with the expertise of CF and MC that the relevant documentation required under Consumer Credits Protection Act that they would have had the relevant documents prior to issuing proceedings.

In the witness statement CF claim they made relevant contact to allow and negotiate a conclusion prior to going to court and provided evidence to back their claim and response to my defence this is dated xxxxx/2023 (xx1 pages x to x) .
I would like to acknowledge this is 2 years after the original claim and request for information, the requested documents under CPR31.14 are still incomplete.

CF says the letter before claim dated xxxx/2023 was sent by MC giving me time to respond i point out that the letter (x Pages x to x) states it was sent via email to x@x.com this is my email address.
Upon receipt of the claimant's witness statement and case documentation received from the court, (No copy was issued or provided to me from CF or MC) I checked my email and there was nothing in my inbox or my junk folder, unfortunately junk mail gets automatically deleted after 30 days I believe.
I find this particularly unprofessional but consistent with the behaviour of CF and MC regarding this claim.

I would like to argue the validity and legality of the provided documents pursuant to the consumer credit protection act.

A CCA Agreement with x.00 credit limit which expires after 12 months this is Not dated.
I do not remember signing a credit agreement but agree credit has been obtained per the statement of account.
The credit limit appears to be much higher than the xxxx-pound agreement, I have never agreed to a credit limit increase or signed an agreement in accordance with this.


The notice of assignment a copy of which (x1 pages 7x to 1x0) is dated xxxx/2018 is incomplete, it states the debt was sold to Cabot Financial (Uk) limited and contact should be made to Cabot Financial (Europe) limited, phone number is provided but no Business address is included, and the assignment provided should have had an address for CF included on the letter of assignment.

I have never received a default notice from FW or JD regarding the CCA and CF includes in their witness statement a copy of a computer screen depicting what CF states shows a default letter being sent (xpage x.
The computer screen print out is not proof of the default letter sent neither what it contained.

Therefore it is requested that Judgement not be granted to the claimant on the evidence above and CF bear all costs associated with bringing this claim to court.

I was on long term incapacity Benefit which then changed to ESA for over 10 years which ended in 2022 by choice, this was for agitated depression, paranoia and psychosis, i was on medication which included anti depressants and anti psychotics.
In the last 2 years i have started employment and am trying to lead a relatively normal life, unfortunatly this case and the way it has been dealt with by CF and MC has led to me suffering with anxiety and feeling depressed at times.

name
address
post code

I'll take a look, you can try to get it emailed tomorrow.

[mrmonkey]

thank you, again i really do appreciate your help, im off to do another nightshift now, take care.

[echat11]

a) Read it several times, make amendments if you need to.

b) Email it to the Court and Mortimer Clark, as soon as you are ready.

c) It might be an idea to add a statement of truth, above the date at the bottom.

d) Check point (k), if it's correct keep it in.

e) Also, a correction, it's the Consumer Credit Act 1974, not Consumer Credit Protection Act 1968 (that's a USA Act).

----------------------------------------------------------------------------------------------------------------------------------------------------------

Claim Number:

IN THE COUNTY COURT AT

Claimant

CABOT FINANCIAL (UK) LIMITED

-v-

Defendant

SKELETON ARGUMENT OF THE DEFENDANT

HEARING ON APRIL 2024

This is a Skeleton Argument by the Defendant as to why the claimant should not be awarded Judgement.

References

xxx Claimants Statement Documentation Various pages
xx1 letter of Debt Unenforceable and closure of Account (attached)
xx2 Letter of receipt of defence (attached)



1. Introduction

a) I xx received a county court claim notice in November 2021 from the court for the Claimant Cabot Financial represented by Mortimer Clark.

The Claim was vague only mentioning an account number and an amount stated to be owed to Cabot Financial.


2. Reading List

a) Claimant’s court claim dated XX/XX/XX

b) Defence dated XX/XX/XX

c) Claimant’s Witness Statement dated XX/XX/XX


3. Relevant Law

a) The debt can't be enforced due to Section 78 (1) and Section 78 (6) of the Consumer Credit Act 1974 .

b) Section 136 of the Law of the Property Act 1925. This lays down the conditions which need to be satisfied for an effective legal assignment of a debt.

c) The Claimant is required to prove that a compliant Default Notice was served upon 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.


4. Submissions

a) I requested further information from Cabot Financial in the form of a CCA request (x pages xx to xx) and a CPR 31.14 request (xxx pages 3x to xx5) to enable me to understand the debt being claimed against me. Copies were sent to Mortimer Clark.

b) I received 2 letters (xx1) and (xxx) in response after filing my defence from Mortimer Clark I have attached them to this Skeleton Argument, the basis being the debt was unenforceable at the time.

c) When taking a debt claim to court, one would think that with the expertise / knowledge of Cabot Financial and Mortimer Clark that they would have the correct/compliant documentation required under Consumer Credit Act 1974 before issuing proceedings.

d) In the witness statement Cabot Financial claim they made relevant contact to allow and negotiate a conclusion prior to going to court and provided evidence to back their claim and response to my defence this is dated xxxxx/2023 (xx1 pages x to x). I would like to state this is 2 years after the original claim and request for information, the requested documents under CPR31.14 are still incomplete.

e) Cabot Financial says the letter before claim dated xx/xx/2023 was sent by Mortimer Clark giving me time to respond, I point out that the letter (x Pages x to x) states it was sent via email to x@x.com this is my email address. Upon receipt of the claimant's witness statement and case documentation received from the court, (No copy was issued or provided to me by Cabot Financial or Mortimer Clark) I checked my email and there was nothing in my inbox or my junk folder, unfortunately junk mail gets automatically deleted after 30 days, I believe. I find this particularly unprofessional but consistent with the behaviour of Cabot Financial and Mortimer Clark regarding this claim.

f) I would like to argue the validity and legality of the provided documents pursuant to the Consumer Credit Act 1974.

g) A agreement regulated by the Consumer Credit Act 1974 with x.00 credit limit which expires after 12 months this is not dated. I do not remember signing a credit agreement but agree credit has been obtained per the statement of account. The credit limit appears to be much higher than the xxxx-pound agreement, I have never agreed to a credit limit increase or signed an agreement in accordance with this.

h) The notice of assignment a copy of which (x1 pages 7x to 1x0) is dated xxxx/2018 is incomplete, it states the debt was sold to Cabot Financial (Uk) limited and contact should be made to Cabot Financial (Europe) limited, phone number is provided but no business address is included, and the assignment provided should have had an address for Cabot Financial included on the letter of assignment.

i) I have never received a default notice from Fashion World or JD Williams regarding the agreement. Cabot Financial includes in their witness statement a copy of a computer screen depicting what Cabot Financial states shows a default letter being sent (xpage x).

j) The computer screen print out is not proof of the default letter sent, neither what it contained or what it should contain.

k) The agreement has been 'varied' i.e. the APR and the Credit limit, but Cabot Financial has failed to provide the relevant Terms and Conditions regarding the 'variation' as stated under the Consumer Credit Act 1974.


5. Personal Circumstances

I was on long term Incapacity Benefit which then changed to ESA for over 10 years which ended in 2022 by choice. This was for agitated depression, paranoia and psychosis, I was on medication which included anti depressants and anti psychotics. In the last 2 years I have started employment and am trying to lead a relatively normal life, unfortunately this case and the way it has been dealt with by Cabot Financial and Mortimer Cabot has led to me suffering with anxiety and feeling depressed at times.

6. Conclusion

Therefore it is requested that Judgement not be granted to the claimant on the evidence above and Cabot Financial bear all costs associated with bringing this claim to court.

Date:

Signature:

Name:
Address:
Post code:

[mrmonkey]

Hi, i appreciate the work and time gone in to this, and will certainly be emailing it. have a few questions though if you have time
it stated somewhere that i should agree a time and date etc to exchange a skeleton argument with the claimant? so will it be ok just emailing it them?
also i have checked the
credit agreement with the one that jd williams have on a website
and it seems completely different and states its on going / varied on the website and the one provdided to me says for 12 months is this what you mean in K that the credit agreement does not reflect a varied agreement which it would have been, im still not sure if the apr has changed as i dont have any statements.

https://www.jdwilliams.co.uk/shop/po...es_credit_summ

thanks

[echat11]

Hi, i appreciate the work and time gone in to this, and will certainly be emailing it. have a few questions though if you have time
it stated somewhere that i should agree a time and date etc to exchange a skeleton argument with the claimant? so will it be ok just emailing it them?
also i have checked the
credit agreement with the one that jd williams have on a website
and it seems completely different and states its on going / varied on the website and the one provdided to me says for 12 months is this what you mean in K that the credit agreement does not reflect a varied agreement which it would have been, im still not sure if the apr has changed as i dont have any statements.

https://www.jdwilliams.co.uk/shop/po...es_credit_summ

thanks

a) it stated somewhere that i should agree a time and date etc to exchange a skeleton argument with the claimant? so will it be ok just emailing it them?

They've sent a Witness Statement, so they have nothing to exchange. Email your Skeleton Argument to the Court, make sure you take 3 copies with you on Monday. Make sure a copy is handed to the Creditors solicitor as soon as you get there. Give the Court clerk a copy as soon as you get there.

b)also i have checked the credit agreement with the one that jd williams have on a website
and it seems completely different and states its on going / varied on the website and the one provdided to me says for 12 months is this what you mean in K that the credit agreement does not reflect a varied agreement which it would have been,

No, I mean that when the agreement started, say the APR was 21% and credit limit was £500, then 15 months later the APR is 25% and the credit limit was £1,000, the Terms and Conditions has been 'varied', from what you said previously the credit limit has been 'varied', because of the amount they seek, But if your not sure leave (k) out.

c) I'm still not sure if the apr has changed as i dont have any statements.

As above. leave (k) out if your not sure.

[mrmonkey]

awesome thanks, should i maybe just leave the apr part out i mean the K does draw fact that it is varied ie by the credit limit and this does not show on the credit agreement

[echat11]

awesome thanks, should i maybe just leave the apr part out i mean the K does draw fact that it is varied ie by the credit limit and this does not show on the credit agreement

The Credit Agreement should have an APR and Credit Limit on it, but what your saying there is one Apr and one Credit Limit on the agreement.

[mrmonkey]

yes that is correct

[mrmonkey]

ok ive studied it more closly it does say apr interest variable and they will increase credit time to time and give notice in writing i will leave K out

[echat11]

ok ive studied it more closly it does say apr interest variable and they will increase credit time to time and give notice in writing i will leave K out

That's best, when they increase the APR / credit limit, they have to ask you and inform you in writing.