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

[mrmonkey]

thats cool thanks ive changed

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.


to

g) A agreement regulated by the Consumer Credit Act 1974 with £xxx.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 £xxx.00 agreement, I have never agreed to a credit limit increase, received a letter indicating notice of a credit limit increase or signed an agreement in accordance with this.

what do you think?
and also should i leave K in or out going to email asap after you reply

[mrmonkey]

Ok I left out k, I added no letter indicating increase, I wanted to get it to court so fingers crossed anything else i can add on the day verbally i presume.
Thanks for all your help so far you have been amazing.
Still 2 nights of work to go so going to have a nap.

[mrmonkey]

Hi just updating, in court it has been sent for trial the judge stated if she thought it was fantasy she would not have allowed it to proceed, so i guess it shows i have some defense, she also turned down the claimants solictors 800 plus pound costs for attending.
She said i need to do a proper witness statement and any witnesses must attend.
Im now waiting on trial paperwork from court/claimant.

a big thank you for all your help so far, it has been a huge help.

[echat11]

Hi just updating, in court it has been sent for trial the judge stated if she thought it was fantasy she would not have allowed it to proceed, so i guess it shows i have some defense, she also turned down the claimants solictors 800 plus pound costs for attending.
She said i need to do a proper witness statement and any witnesses must attend.
Im now waiting on trial paperwork from court/claimant.

a big thank you for all your help so far, it has been a huge help.

That's good news, **don't disappear**, keep on top of this , update the thread when you get Court Papers.

[mrmonkey]

ok got papers on Wednesday, i was away for a few days working, i have to file a defense etc and serve these on claimant and court by the 13th of may.
The claimant has to pay court costs by the 15th of may or it will be struckout i would have thought paymant would have had to be made first but hey.

as with the last hearing it says claimants application is dismissed
no order as to costs.

the new hearing will be in June but yes im feeling optimistic about this.
Thanks.

[echat11]

ok got papers on Wednesday, i was away for a few days working, i have to file a defense etc and serve these on claimant and court by the 13th of may.
The claimant has to pay court costs by the 15th of may or it will be struckout i would have thought paymant would have had to be made first but hey.

as with the last hearing it says claimants application is dismissed
no order as to costs.

the new hearing will be in June but yes im feeling optimistic about this.
Thanks.

You know your case better now, have a go at doing your Defence, I can take a look. So you get it filed with Court and the Claimant. You need to get this right.

[mrmonkey]

You know your case better now, have a go at doing your Defence, I can take a look. So you get it filed with Court and the Claimant. You need to get this right.

I think im completely missing the mark on how this should look or be set out, everytime i sit down inbetween broken sleep (one thing this has help me understand is working nights is no good mentaly or physically so am looking for a new job) i can send it to the claimants solictor saturday for monday and file at the court Monday by 4pm

thanks for taking the time to look at it and for your advice with this. WITNESS STATEMNT.rtf


IN THE REDACTED COUNTY COURT
Claim No. XXXXXXX
BETWEEN:
REDACTED (Claimant)
and
REDACTED (Defendant)
________________________________________
WITNESS STATEMENT OF REDACTED
I, REDACTED, of REDACTED, the Defendant in this case, make this Witness Statement in support of my defense against The Claimant Cabot Financial LTD to ask Judgement not be granted in favour of the claimant in regards to a debt bought by the claimant from Jd Williams, due to not following the regulations stated in the consumer credit act 1974.
As the court is aware

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 kindly obliged. 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.


The flollowing facts and statments are true and to the best of my knowledge and beliefs.


I was originally sent a county court claim submitted by the claimant in November 2021 (xx1) the claim was vague as to what the debt was for. I requested further information from Cabot Financial in the form of a CCA request (xx2) and a CPR 31.14 request (xx3) to enable me to understand the debt being claimed against me. Copies were sent to Mortimer Clark.

I recived 2 letters after filing my defence (xx4) and (xx5), the basis being the debt was unenforceable at the time due to not having the paperwork required to enforce the debt as pursuant to the consumer credit act 1974.
This was confirmed by the claimants representative in court on 15th april 2024

I then received a notice of hearing application from court submitted by the claimant in order to lift the stay of the original claim and be granted summary judgement. This took place on the 15th of April at REDACTED. I recieved a copy of the claimants witness statment and documents prior to the hearing from the county court at REDACTED along with the notice of hearing letter .


At the hearing I attended representing myself as did the claimants representative. I served a skeleton argument to the court prior to the hearing and on the claimant upon arriving at court (xx6).
The hearing was before Judge REDACTED sitting at REDACTED. The Judge read my skeleton statement and asked me questions regarding this and also the claimants witness statment and their submitted witness statment and documents.

I explained that under the information provided by the claimant i could now acknowledge the debt but the basis for my defense would be that the claimant and original creditor did not follow correct procedures with regards to the administration of the debt.

The basis for my defense is that the constituted credit agreement is not dated where upon a signature is not required you would think the date the said agreement was signed and entered into there would be a date present.
The fact i have never signed or agreed on a credit increase over the agreement amount of 400.00 pound or recived notification in writing as stated on the copy of the credit agreement.
The Notice of assignment is incomplete as there is no Business address for the claimant just a Company name and contact number.
The default letter has not been submitted or proven by the claimant just a screenshot that shows a screenshot of a list of references supposedly depicting a default letter being sent.

After hearing both parties Judge REDACTED, stated she would not be granting the claimant judgement and the application to lift the stay would be dismissed and that no costs would be awarded.
Judge REDACTED also made both parties aware that if she thought the defense was fantasy she would not allow the trial to proceed, The judge also made the claimants representative acknowledge what the judge has explained and confirmed they understood what was being said.

I hereby ask the court to not grant judgment in the claimants favour as the debt was unenforceable in 2021 as it still is, due to the lack of paperwork needed to seek judgement as the paperwork stated in the consumer credit act 1974 required to seek a court judgment is still incomplete.



Statement of Truth.

I believe the facts stated in this Witness Statement are true.


xxxxxxxxxxx


Signed

[mrmonkey]

tbh i think its a mess this is my third day of trying to write this down i find it much easier in court to say what needs to be said.

[echat11]

tbh i think its a mess this is my third day of trying to write this down i find it much easier in court to say what needs to be said.

I think it just needs a structure, will take a look, update the thread if I haven't posted by Sunday.

[mrmonkey]

I think it just needs a structure, will take a look, update the thread if I haven't posted by Sunday.

the way its set out?, or content? or both , any pointers would be great unfortunatly i need to get a few hours sleep before another night shift i will have to see tomorrow now, thanks for your help its always positive and appreciated.

[mrmonkey]

oh ok thank you, for some reason some of your post was missing when i read it, again its appreciated.

[mrmonkey]

Hi echat11 just wondering if you had managed to take a look, going to have a sleep just come off night shift, also as the only communication in 2 years with cabot was by email where would you position this in the witness statement.

Thanks for your help .

[echat11]

a) Number the pages of your Witness Statement.

b) Amend your Redacted and XXXXXXX bits.

c) Read it several times, leave for a few hours, then read it again to make sure it makes sense.

d) Head the evidence documents as 'Evidence Bundle'.

e) Number exhibits.

f) Number exhibits pages.

g) Sort these out ‘.

h) Remember a copy goes to the Court and a copy goes to Cabot.

I was going to add 'Heading to breakdown the Witness Statement, something you can do for easy reference.

IN THE REDACTED COUNTY COURT

Claim No. XXXXXXX

BETWEEN:

REDACTED (Claimant)

and

REDACTED (Defendant)
________________________________________

WITNESS STATEMENT

1. I REDACTED, OCCUPATION, of REDACTED am the Defendant
in this claim. The facts in this statement come from my personal knowledge.

I make this Witness Statement in support of my Defence in this claim which is due to be heard on XX/XX/XX at XXXXXXXXXXXX County Court.

The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. I was on long term Incapacity Benefit which then changed to Employment and Support Allowance 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.

3. 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 Clark has led to me suffering with anxiety and feeling depressed at times.

4. The claim appears to be for a JD Williams Catalogue Account agreement regulated under the Consumer Credit Act 1974. It is denied that I had previously entered into an agreement with JD Williams Re Fashionworld for provision of credit.

5. I was originally sent a county court claim submitted by Cabot Financial in November 2021 (xx1), the claim was vague as to what the debt was for.

6. On XX/XX/XX I requested further information about the claim from Cabot Financial in the form of a CCA request (xx2) and a CPR 31.14 request (xx3) to enable me to understand the debt being claimed against me. Copies were sent to Cabot Financial and Mortimer Clark.

7. I received two letters on XX/XX/XX and XX/XX/XX, (xx4) and (xx5) after filing my Defence, the basis being the debt was ‘unenforceable’ due to the Claimant not having the paperwork required to enforce the debt as pursuant to the Consumer Credit Act 1974. This was confirmed by the Cabot Financial’s representative in Court on 15th April 2024

8. On XX/XX/XX I received a Notice of Hearing application from XXXXXX County Court submitted by Cabot Financial in order to ‘lift the stay’ of the original claim and be granted a Summary Judgement. Prior to the Hearing I received a copy of the Cabot Financial’s Witness Statement and documents from XXXXXX County Court along with the Notice of Hearing letter. The Hearing took place on the 15th April 2024 at XXXXXX County Court.

9. I represented myself at the Hearing, Cabot Financial’s representative attended the Hearing. I served a Skeleton Argument to the Court and Cabot Financial prior to the Hearing on arrival (xx6).

10. The Hearing was held before Judge REDACTED sitting at XXXXXX County Court. The Judge read my Skeleton Argument and asked me questions regarding this and also regarding the submitted Cabot Financial’s Witness Statement and documents.

11. I explained that under the information provided by Cabot Financial I could now acknowledge the debt but the basis for my Defence would be that Cabot Financial and JD Williams did not follow the correct procedures with regards to the administration of the debt.

As the Court is aware of the following:

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

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

14. Cabot Financial is required to prove that a compliant Default Notice was served upon the Defendant pursuant to s87 Consumer Credit Act 1974. Cabot Financial is required to prove that a compliant Default Notice was served upon the Defendant. Cabot Financial 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.

15. The basis for my Defence is that the Reconstituted credit agreement is not dated where upon a signature is not required you would think the date the said agreement was signed and entered into there would be a date present.

16. The fact I have never signed or agreed to an increase to my credit limit over and above the original credit limit of £400.00 in the original credit agreement or received notification in writing as stated on the copy of the credit agreement.

17. The Notice of Assignment is incomplete as there is no business address for Cabot Financial just a company name and contact number.

18. The Default letter has not been submitted or proven by Cabot Financial just a screenshot that shows a list of references supposedly depicting a Default letter being sent.

19. After hearing both parties, Judge REDACTED, stated she would not be granting Cabot Financial Judgement and the application to ‘lift the stay’ would be dismissed and that no costs would be awarded.

20. Judge REDACTED also made both parties aware that if she thought the Defense was fantasy she would not allow the trial to proceed, The Judge also made Cabot Financial representative acknowledge what the Judge has explained and confirm they understood what was being said.

21. I hereby ask the Court to not grant Judgment in Cabot Financial favour as the debt was ‘unenforceable’ in 2021 and still is due to the lack of paperwork needed to seek Judgement. The paperwork required by the Consumer Credit Act 1974 to seek a Court Judgment is still incomplete.

Statement of Truth.

I believe the facts stated in this Witness Statement are true.

xxxxxxxxxxx

Signed

[echat11]

Hi echat11 just wondering if you had managed to take a look, going to have a sleep just come off night shift, also as the only communication in 2 years with cabot was by email where would you position this in the witness statement.

Thanks for your help .

I'm not sure it matters.

[mrmonkey]

im on it, you sir are a legend, this is amazing thank you.