Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

[Amethyst]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Another reply received from FCA, basically the same thing, ignoring our 3rd question.

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There are no specific rules regarding the time scale for providing the information and I noted that Cabot is not the original owner of the debt.


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The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations, “the Act” means the Consumer Credit Act 1974.

Prescribed period

2. The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1 of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.



SCHEDULESECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN RELATION TO REGULATED AGREEMENTS
SECTION OF THE ACT DUTY
(1) (2)
77(1) Duty to give information to debtor under fixed-sum credit agreement.
78(1) Duty to give information to debtor under running-account credit agreement.
79(1) Duty to give information to hirer under consumer hire agreement.
103(1) Duty to give debtor or hirer under a regulated agreement termination statement or serve counter-notice.
107(1) Duty to give information to surety under fixed-sum credit agreement.
108(1) Duty to give information to surety under running-account credit agreement.
109(1) Duty to give information to surety under consumer hire agreement.
110(1) Duty to give debtor or hirer copy of any security instrument executed in relation to agreement after making of agreement.

However, failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

Yes, after the PRESCRIBED PERIOD that is true, so there is a time limit on when it becomes unenforceable. It CAN be remedied at any time though, which presumably is what she is talking about, but I'd still be inclined to say there are time limits and they are not 40 days.

It USED to be a criminal offence not to provide it within 12 days + 30 days. Sadly that was taken out in 2006.

[Amethyst]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

On the other letter - stick to the court timescales and don't take notice of Cabot saying things are on hold .

[gallahad]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Personally I would be happy to turn up in court with a letter from the claimant stating the agreement is unenforcable. If only to claim my costs.
G

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Thanks everyone, sent another email to FCA.

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

No reply to our last letter to FCA, but got a letter from RESTONS SOLICITORS today:

[Nuff55]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

I've had more or less the same.

I'm keeping my eye on them though because unless they come back with something (which they can't) the claim will be stayed. from what I've seen on here it's doubtful anyone will write and tell me this. that then leaves the door open for them to sneak back in and try to get judgment at some point in the none to distant future.

I have written to Restons to suggest that as the claim cannot be enforced they might like to withdraw it but they appear to have thus far ignored that request.

I shan't rest on my laurels - I don't trust them one inch...

[gallahad]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

I've had more or less the same.

I'm keeping my eye on them though because unless they come back with something (which they can't) the claim will be stayed. from what I've seen on here it's doubtful anyone will write and tell me this. that then leaves the door open for them to sneak back in and try to get judgment at some point in the none to distant future.

I have written to Restons to suggest that as the claim cannot be enforced they might like to withdraw it but they appear to have thus far ignored that request.

I shan't rest on my laurels - I don't trust them one inch...

I too have offered the opportunity to withdraw which they have ignored. I think this is because it is about to become statute barred and by keeping it as stayed it prolongs the statute barred date.
G

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Some updates on this case:

Letter from Restons:




Letter from the Court:

[FlamingParrot]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

That is brilliant! Restons were still looking for documents back in May, five months after issuing their claim! :noidea:

I love the court order which starts by saying their particulars are embarrassing in their lack of particularity! msl: That should teach them (and a lot of other firms acting for creditors), a lesson! :whoo: :whoo: :whoo:

So they only have a couple of weeks to come up with the goods or the court will strike out their claim! :high5:

Given that they've been looking for the documents since December, what are the chances of them finding them now? :flypig: :flypig::flypig::flypig::flypig:

I reckon the odds are right up there with there being heavy snow tomorrow! :lol:

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Ha ha! Exactly, loved that bit from the Judge, I could send him / her a bottle of wine and some chocolate, LOL

[Nuff55]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Not been here for a while but I just caught this post. How did that happen? Restons have tried offering me a deal - even telephoning me a couple of weeks ago. I'll let you guess my response.

How do I go about getting to the point of the above with the courts? Do I write to them and say that Restons have not provided any proof of the debt after 8 months and can it be struck out?

[nemesis45]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Not been here for a while but I just caught this post. How did that happen? Restons have tried offering me a deal - even telephoning me a couple of weeks ago. I'll let you guess my response.

How do I go about getting to the point of the above with the courts? Do I write to them and say that Restons have not provided any proof of the debt after 8 months and can it be struck out?

You make an application to the court for the claim to be struck out Form N244 fee £155.00 OR
Write to the claimants solicitors on the lines of.

Sir/ Madam,

I refer you to County Court Claim No:............................... Between your client ,,,,,,,,,,,,,,,,,,,,,,, and Your name.

This claim has been stayed for an inordinately long period to allow your client to provide documents upon which it intends to rely, after some 8 months no progress has been made and I therefore give notice that within 7 days I shall make an application to the court that the claim shall be struck out.

I will of course seek the cost of this application from your client.

I would suggest that you refer to your client that it now withdraws the claim in the interest of saving further costs and court time.

use signed for post and check delivery.

nem

[Nuff55]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

Thanks Nem.

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

One received in August 2015:



One received in October 2015:




and another one received last week:

[octet]

Re: Court Claim - Cabot Financial UK / Lloyds - 2-12-2014

All letters received from the last update are now posted above for you reference.