Cabot Financial - County Court a Business Centre Claim Form Received

[gallahad]

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

Yes you have 33 days to enter your defence.
G

[Crisis]

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

I pretty much understand everything I just need to submit my defence now. Restons are not responding at all so I need to submit without extension been granted.

I really need need to do tomorrow night as away with work Wednesday so panicing a bit now

[gallahad]

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

Don't panic thats what Restons want use this link as a guide to how to submit your defence.
http://www.legalbeagles.info/forums/...ims&highlight=

G

[Crisis]

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

I am stuck on section 4 and section 13 of the defence

if I put in section 4
4. It is admitted that the Defendant has previously entered into an agreement with Lloyds Bank for provision of credit

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.

does this not say they don't have to prove it as I've admitted it
in section 4. This is all I'm stuck on, do I deny or admit

[gallahad]

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

Are you defending on the basis of them failing to meet a CCA request? or statute barred?
G

[Crisis]

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

My defence so far - claim form dated 9th December

1: I received the claim xxxxxxx 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 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

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 in time.

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

I was advised to go with CCA first then statue barred once I've seen paperwork.

i can't be 100% on SB as I honestly can't recall the debit existing as I've not banked with them since April 2008 when I fell out with them over bank charges. I am certain I've not paid them a penny though

J

[gallahad]

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

If you ever had a credit card with Lloyds I would change 4) to admit, I will try to get someone more knowledgable than me to check for you.
G

[mystery1]

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

If you deny the contract then s78 has no relevance. A s78 copy is for live accounts only. If you have no account then what do you want a copy of ?

M1

[Crisis]

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

If you deny the contract then s78 has no relevance. A s78 copy is for live accounts only. If you have no account then what do you want a copy of ?

M1

Thanks m1 I understand what your saying now, sorry.

i will amend no. 4 to admit and then submit my defence

fingers crossed

thanks everyone you have been agreat help xx

[Crisis]

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

Hi everyone, I received a letter yesterday from Cabot saying they can not produce the documents and therefore the can not enforce the claim in court and they will forward the credit agreement on to me if it becomes available.

What happens now? I believe it may be SB, how would I go about finding the out? I assume the debt is no longer enforceable if they can not prove the money is owed?

thanks xx

[Amethyst]

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

What is the current status of the claim in court ?

[nemesis45]

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

Hi everyone, I received a letter yesterday from Cabot saying they can not produce the documents and therefore the can not enforce the claim in court and they will forward the credit agreement on to me if it becomes available.

What happens now? I believe it may be SB, how would I go about finding the out? I assume the debt is no longer enforceable if they can not prove the money is owed?

thanks xx

To clarify.
Statute Barred in England & Wales (simple contracts) = No payment or any unequivocal written acknowledgment of the debt in 6 clear years (5 in Scotland).

The SB clock on a Credit Card or Unsecured Loan for example would start ticking when a contractual payment was due and not paid after which no further payments or written acknowledgment was ever made.

( a County Court Claim stops the clock on the date of issue)

nem

[Crisis]

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

What is the current status of the claim in court ?

Hi I've checked the status and nothing has changed.

I have now also had the letter from Reston's saying:-

we acknowlege receipt of your defense and Dan confirm we are currently awaiting documentation from our client in order to support our case.

this seems to be a standard response from them looking at other treads.

i have also since sent a response to Cabot saying the time to provide the credit agreement is now well over 12+2 days and therefore they should withdraw the claim.

again no response to that request.

Any suggestions on what to do next would be greatly appreciated.

thanks x

[gallahad]

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

I am in the same position and I do not think we can do anything except wait for their next move. I believe they will not come up with any documents and therefore the case will be stayed indefinately. This is their plan B as it will prevent the statute barred from coming into force.
G