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

[octet]

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

Morning, hope you all had a nice Christmas!

We got a reply through the post from Cabot as bellow:



No reply to email from Restons Solicitors yet, I believe they've only started work again today. Should I give them a call just in case?

Thanks!

[octet]

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

Got the reply yesterday from Reston Solicitors as bellow:





My friend's reply was:

[nemesis45]

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

Well for a start you can tell Crapbot that the statutory time scale for a CCA request is 12 + 2 Working days Not 40 days therefore they must comply in accordance with the Act or withdraw its claim.
Send a copy of Cabots letter to the FCA for "information".

[octet]

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

Hi everybody, HAPPY NEW YEAR!!

How about this letter to Cabot please?

========

02/01/2015

Cabot Financial UK Ltd
1 Kings Hill Avenue
Kings Hill
West Malling
ME19 4UA

Dear Sir/Madam

Re: A/C NO XXXXXXXXXXX


We are in receipt of your letter dated 19/12/2014.

We understand that under the Consumer Credit Act 1974 a copy of our credit agreement should be supplied within 12 + 2 working days, therefore you must comply in accordance with the Act or withdraw your claim.

We look forward to hearing from you.

Yours faithfully

XXXXXX

===========

Anything else we need to add please? Are we right to believe that if the 1st CCA request was sent on the 12/12/2014, the deadline for them to send it is: 07/01/2015, considering 24th and 31st December working days?

Thank you!

[nemesis45]

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

Letters good to go.
Address to Ken Stannard
CEO Cabot Financial.

Time scale is 12 + 2 Working days ( bank hols and weekends are no WD's.)

[octet]

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

Thanks a lot, letter ready to be sent tomorrow morning.

Still expecting email reply from RESTONS regarding extension for the defence. Trouble is the last date for filing the Defence is today, in 16 minutes in fact just realised!

What can I do?

[mystery1]

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

It's Sunday today so your deadline is tomorrow.

M1

[octet]

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

Oh, great, thanks a lot!

What should we write in the Defence if we don't hear back from RESTONS tomorrow?

[octet]

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

Hi guys,

Any advice please, we still haven't received a response from RESTONS Solicitors, the deadline for submitting the Defence is today.

Thanks!

[mystery1]

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

Phone them up and ask the claims handler what is going on.

I prefer http://www.legalbeagles.info/forums/...order-at-court if needed rather than a defence.

Others prefer http://www.legalbeagles.info/forums/...ims&highlight=

M1

[Crisis]

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

Hi there I'm in same situation as you with Reston's and Cabot. I've tried everything to get extension but no reply since email asking me to confirm details.

I also need need help with my defence, I have started it a put on my tread if it helps you

good luck x

[octet]

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

Thanks M1!

We will go this way: http://www.legalbeagles.info/forums/...t-Court-Claims

We're not sure about admitting / denying entering into an agreement wit the original creditor. Also, need a little bit of guidance on11, please.

This is the defence prepared so far:

==============

1. I received the claim XXXXXXX from the Northampton County Court on 02/12/2014.

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 admitted 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 UK on 18/07/2014. 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 12/12/2014 I sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Contract and Notice of Assignment.

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

10. On the 12/12/2014 I sent a formal request for a copy of the original agreement to Cabot Financial UK pursuant to sections 77-79 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. I have 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), but they have failed to reply 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.



Signed …………………………………………

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

[octet]

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

Oh, sorry, just seen the explanation:


A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.


Will amend that in the 11. point in the Defence to:

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.

[octet]

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

Quick update, I've just been told that we have received this letter today, with the reference of the letter sent on 20/12/2014. The original was signed and re-sent to RESTONS SOLICITORS today.

[octet]

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

Defence submitted, we thank you for your guidance guys, much appreciated!