cabot financial and court claim plz help.

[flicky14]

Re: cabot financial and court claim plz help.

sorry to keep bothering u amethyst, ... what do I do now then, what do I write back to Mortimer???, they lady on the phone said to send them copies of everything I get from cabot and Mortimer so they have a copy too. where do I go from here?

(hope u had a nice lunch x)

[Amethyst]

Re: cabot financial and court claim plz help.

crossed posts, read my reply before your post xxxxx And really try not to worry and don't let it upset you xxxx

[flicky14]

Re: cabot financial and court claim plz help.

ok so .......
court letter arrived 3/07/2014 issued 30/06/2014
cca request sent to cabot 08/07/2014 received 11/07/2014
cpr request sent to mortier 08/07/2014 received 9/07/.2014
letter received from cabot 21./07/2014 saying cannot locate appropriate account.
letters received from Mortimer Clarke 22/07/2014 asking to provide clarification regarding to whom the copy letters provided with my defence were addressed to.

I still have letter to send to caboy and Mortimer re: location of account that I wrote yesterday. do I still post today??

[Amethyst]

Re: cabot financial and court claim plz help.

Yes post that one to them re the JD Williams bit.

Thanks for doing that xx I've pm'd you about overall picture stuff for your hmrc thread.

Might be tough getting everything out there but we'll help all we can get things back on track.

I'll make a start on defence xxxx

[flicky14]

Re: cabot financial and court claim plz help.

thank you so much hun ive emailed u back about I.E. ill let u know when I get an email back from the court

[flicky14]

Re: cabot financial and court claim plz help.

just to let u know amethyst ive just sent the other two letters off recorded about location of account, just a thought do I still need to reply to Mortimer about the letter they sent me today, don't want them saying I,m not replying to their requests.

[Amethyst]

Re: cabot financial and court claim plz help.

Okay, I might not get this sorted draft wise till the morning so really don't worry overnight.



As for that other letter, may as well respond for politeness



Dear Mr Clarke

Ref Claim Number XXXXXX

Thank you for your letter, although I was slightly confused by the content. I haven't entered a defence in the claim as I am still awaiting documentation from yourselves and your client. I have contacted the court and it appears they have entered my acknowledgement of service as a defence in error. This is being corrected by the court and my actual defence and copies of all letters should be with you next week.

Kind regards

Flicky

[flicky14]

Re: cabot financial and court claim plz help.

thanks hun, will write it now and post first thing in the morning.

[flicky14]

Re: cabot financial and court claim plz help.

well still no email from the court which she said she would do yesterday, are people really that uncapeable of doing their own jobs. lets see what today bring ....................

[Amethyst]

Re: cabot financial and court claim plz help.

Defence working on xxx

[Amethyst]

Re: cabot financial and court claim plz help.

Do you know which catalogue this is about btw? JD Williams have a number of different brands . Do you have accounts with other catalogues (or have you had accounts with other catalogues eg simply be / fashionworld etc in the past )

[Amethyst]

Re: cabot financial and court claim plz help.

Example of a Defence (ignore my shouty lady bit it's for guests)

ALWAYS POST A THREAD[/U] AND ASK FOR HELP IF YOU ARE UNSURE ABOUT ANYTHING ]

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: XXXXXX

BETWEEN:

xxxxxxxxxxxxxxxxxxx

CLAIMANT

And

Flicky

DEFENDANT

__________________________________________________ _________________________
Defence
__________________________________________________ ______

1. The Claim was issued on 30th June 2014 and received by the Defendant on 3rd July 2014.

2. The Claimants statement of case failed to give enough information for the Defendant to plead effectively.

3. The Defendant acknowledged the claim on XXXXXXXXXXX by post to the Northampton County Court.

4. The claim is regarding a consumer credit agreement between J D Williams ("JDW") & the Defendant dated 05/04/2007. The defendant does not have a copy of the agreement and a copy has not been provided by the claimant.

6. J D Williams is a company that trades as a home shopping retailer under several names, including Fashion World, Gray & Osbourn, Simply Yours House of Bath, Jacamo, Marisota, Oxendales, Simply Be, JD Williams, Fifty Plus, Williams & Brown and High & Mighty.

7. The Defendant recalls having opened an account and/or purchasing goods from Fashion World, Simply Be, Simply Yours in the past and is uncertain as to which account this refers.

8. In order to find out more information to assist the Defendant in deciding whether this debt is owed by her she sent a request for further information under Civil Procedure Rules 31.14 requesting inspection of documents disclosed in the statement of case to the Claimant's Solicitors. This was sent on the 8th July 2014 to Mortimer Clarke by recorded delivery and was signed for by the Claimant on the 9th July 2014.

9. This requested copies of the agreement, the assignment and the termination/default. (anything else?)

10: In addition the Defendant formally requested a copy of the original credit agreement, terms and statement of account pursuant to section 78(1) of the Consumer Credit Act 1974. She enclosed a payment of £1 for the statutory fee. This was sent on the 8th July 2014 by recorded delivery to the Claimant Cabot Financial Ltd, and signed for by them on 11th July 2014.

11. The Defendant received a letter from the Claimant on 21st July 2014 stating they were unable to locate the appropriate account to comply with the Defendants request under the Consumer Credit Act. The Defendant is slightly confused by this as the Claimant had issued court papers to her using the same details given in her letter. No account number or reference was given in the claim.

12. The Defendant has resent the request to the Claimant and included a copy of the Particulars of Claim in this case to assist the Claimant.

13. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

14. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

15. The Claimants have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.

16. The particulars of claim state that the account was assigned from JD Williams to Cabot Financial Ltd on xxxxxxxxxxxxxxxx 2013. The Defendant has not received any notification of this assignment

17 The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the Defendant.

18. 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.

19. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further the Claimant to bear the costs of the application for amendment.


Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .....................................

[flicky14]

Re: cabot financial and court claim plz help.

received an email from the court this morning

further to our call yesterday, your file has been located and your defence had been filed error, this has now been removed and entered as an
acknowledgement of service so you now have 28 days from 5th july to respond with your defence.
we apologise for any inconvenience caused...................

[Amethyst]

Re: cabot financial and court claim plz help.

Phew.... lol

Makes life easier

[flicky14]

Re: cabot financial and court claim plz help.

yayyyyyy lol, its bad when even the court cant get it right lol. sent letter today to Mortimer so what happens now, do I just wait a few more days to see if anything arrives in the post