Cabot Financial - County Court a Business Centre Claim Form Received

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi Amethyst,

please see see the reply I received to the CPR

[Amethyst]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Well the contract/agreement is mentioned quite clearly in their particulars of claim

the claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and lloyds bank - Credit card
dated on or about Jun 22nd 2007 and assigned to the claimant on Jul 18 2014
the sum of £3639

particulars...shows account no

so they can poo for that one and I would reply stating that they do mention the contract.
The others yes they don't specifically mention even though they mention the assignment they don't specifically mention the notice. Maybe add to the letter that although they may not have mentioned these documents specifically they are required in order for you to fully assess their claim.

Also point out to them you have sent a CCA request separately to Cabot and await their clients reponse to that.

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Would this be acceptable?

with referance to your letter dated 17th December 2014

The particular of the claim quite clearly states "contract"
the claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and lloyds bank - credit card
dated on or about Jun 2007 and assignment to the claimant on Jul 18 2014 the sum of £3639.00

Therefore, you are required to supply this information to me to allow me to defend my case

I would also like to point out, I have no record of this account or debt nor do I hold a record of any paperwork relating to this claim. Therefore, I require the following information to defend my case.
a) when the account was opened
b) the account number, other than what you have supplied on the claim form
c) the original contract from (you stated is Lloyds Bank)
d) a statement of said account
e) letter of assignment

Please note I also sent a CCA request to Cabot on the 15th December 2014 and await your clients response.

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Feeling worried as its Christmas and feel they are trying to stall me knowing postal time is limited this time of year.

what happens if neither supply a response or paperwork needed before the date I need to submit my defence?

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Credit reports are not a reliable source of information to determine whether a debt is SBd or not. If you were to submit a SBd defence, the onus would be on them to prove it isn't. :thumb: Having said that, if you are not sure, it's best to have an a back up plan, hence the CCA request, etc.

Well the contract/agreement is mentioned quite clearly in their particulars of claim



so they can poo for that one and I would reply stating that they do mention the contract.
The others yes they don't specifically mention even though they mention the assignment they don't specifically mention the notice. Maybe add to the letter that although they may not have mentioned these documents specifically they are required in order for you to fully assess their claim.

Also point out to them you have sent a CCA request separately to Cabot and await their clients reponse to that.

Hi All
I have had a reply from Cabot today to my CCA request basically saying they don't have any paperwork and will need 40days to obtain this!

so what now? The defence has to be submitted before the 8th January I thought a CCA was 12 +2 are they allowed to take 40 days?

please can someone help, not sure what to do next , do I need to contact Restons Solictors regarding te claim as they haven't supplied any proof either yet to date

Any help would be greatly appreciated

[Amethyst]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

They can take as long as they like but after the 12+2 days they can't get a judgment without it.

You should now request agreement to an extension of 28 days ( http://www.legalbeagles.info/forums/...filing-defence ) to allow them to produce the CCA - if they agree, and at the end of that time ( so mid Feb) you'd enter a defence saying there's no CCA and the judge can see you have given them a more than reasonable amount of time to produce it.

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi Amethyst

ive posted a letter yesterday and also tried to obtain an email address to attach a copy with the new year bank holiday looming. I've tried to call also to obtain an extension but no one is answering any calls yesterday or today although I realise it's New Years eve.

does anyone have an email for Restons? Also if I don't get a reply to the extension can I apply to the court for this without there reply?

thanks and happy new year everyone x

[MIKE770]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

RESTONS SOLICITORS LIMITED

Website and Email
http://www.restons.co.uk
npc@restons.co.uk

- See more at: http://www.lawyers-and-solicitors.co....fXpA3M8J.dpuf

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi everyone and happy new year!

I still haven't received any response from Restons regarding the extension. I also tried to call again yesterday but no answer yet again, probably closed until Monday.

Im due to submit my defence in the next couple of days. If I can't get a reply to the extension should I submit my defence anyway on the date due or do I email the courts for the extension anyway?

If I need to submit a defence can anyone help me with this?

thanks x

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi all, I'm in fear time is running out here and think I should maybe submit a defence. My claim form issue date was the 9th December

please could someone advice me if the following defence is ok to submit baring in mind the CCA and CPR was issued the 15th and replied to on the 18th December and no paper work has been received to date and I've still had no reply to extension from Reston's


[COLOR=rgba(0, 0, 0, 0.701961)]1: I received the claim [/COLOR][COLOR=rgba(0, 0, 0, 0.701961)]Xxxxxxx [/COLOR]from the Northampton County Court on 12th December 2014

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with Lloyds Bank 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 Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial on 18th July 2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds Bank 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.

8: On the 15th December 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solictors. I requested the Claimant provide copies of the Agreement/Contract, Default Notice and Notice of Assignment .

9. Restons Solicitors has not sent any of these documents to me.

10. On the 15th December 2014 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

12: On the 29th December 2014 I asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), however they have failed to do so or respond.

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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my 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

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

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Once you acknowledge and tick the box saying you intend to defend the whole claim, you get a further 14 days to submit a defence, a total of 33 days from date on claim form (14+14+ 5 allowed for service

Hi Flaming parrot can you kindly confirm if my court claim form is dated the 9th Dec I have 33days from the 9th Dec to submit my defence?? So must be submitted on or before the 11th Jan 2015?

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi can someone please help me when they get a moment, still no reply from Restons :tinysmile_cry_t: regarding extension

thanks xx

[gallahad]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi Crisis they are playing exactly the same game with me see my thread.
G

[Crisis]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi Crisis they are playing exactly the same game with me see my thread.
G

its stressful Gallahad I know, just wish someone would help me, don't seem to be getting much advise I must be doing something wrong.

am I supposed to tag someone? If so how lol

M1?
[QUOTE=mystery1;503939]

[gallahad]

Re: Cabot Financial - County Court a Business Centre Claim Form Received

You really need to follow the blue links flaming parrot gave on post no 5 and then ask specific questions if you get stuck, the guys on here will help but you have to do the groundwork yourself so you fully understand enough to be able to defend.
G