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Re: Ok, its now my turn - Cabot Financial Court Summons
I have had a response from Cabot today. Amusingly they have stated that our original CCA request was addressed to Marlin Financial and that is the reason for the delay. We used the name and address exactly as stated in our Summary Cause Summons!!
Briefly, they have included the paperwork as issued 5 years ago, so I will use what FB stated to me.
Any comments please on the following wording from them in their letter :-
Turning to your concerns regarding the legal proceedings, I would advise there is no prohibition on bringing legal proceedings whilst a request under s.78 on the consumer credit act 1974 is still outstanding (I know that ) S.78 (6) provides that 'If the creditor under an agreement fails to comply with subsection (1): (a) he is not entitled while the default continues, to enforce the agreement'.
In the case of Rankine v American Express Services Europe Ltd (2008) GCCR 7701 HH Judge Simon-Brown QC set out at paragraph 16 of the judgement that in respect of S 78 (6) 'the word 'enforce' is not descriptive of the commencement of proceedings. Bringing proceedings during a time when the agreement has been brought to an end is only a step taken with a view to enforcement. It is not actually enforecement ...... It can thus be said that had Parliament intended that a s 78 have the consequence of preventing the commencement of proceedings, the section would have so provided....'
The delay in responding to your request (which has now been remedied by the provision of the documents enclosed) was therefore no bar to legal proceedings being started however, had the matter reached that stage, would have prevented a Decree being granted until your request had been complied with.
It then goes on to say that its their final response and we can now go the the FOS (as if!!)
I have had a response from Cabot today. Amusingly they have stated that our original CCA request was addressed to Marlin Financial and that is the reason for the delay. We used the name and address exactly as stated in our Summary Cause Summons!!
Briefly, they have included the paperwork as issued 5 years ago, so I will use what FB stated to me.
Any comments please on the following wording from them in their letter :-
Turning to your concerns regarding the legal proceedings, I would advise there is no prohibition on bringing legal proceedings whilst a request under s.78 on the consumer credit act 1974 is still outstanding (I know that ) S.78 (6) provides that 'If the creditor under an agreement fails to comply with subsection (1): (a) he is not entitled while the default continues, to enforce the agreement'.
In the case of Rankine v American Express Services Europe Ltd (2008) GCCR 7701 HH Judge Simon-Brown QC set out at paragraph 16 of the judgement that in respect of S 78 (6) 'the word 'enforce' is not descriptive of the commencement of proceedings. Bringing proceedings during a time when the agreement has been brought to an end is only a step taken with a view to enforcement. It is not actually enforecement ...... It can thus be said that had Parliament intended that a s 78 have the consequence of preventing the commencement of proceedings, the section would have so provided....'
The delay in responding to your request (which has now been remedied by the provision of the documents enclosed) was therefore no bar to legal proceedings being started however, had the matter reached that stage, would have prevented a Decree being granted until your request had been complied with.
It then goes on to say that its their final response and we can now go the the FOS (as if!!)
Well done xxx
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