Court claim from Cabot finance

[flicky1314]

Re: Court claim from Cabot finance

I haven't not yet hun was going to do it this week. should I still copy the template one you gave me ???

[Amethyst]

Re: Court claim from Cabot finance

Yes, it's a good basis to work from and you haven't had any documents yet.

[flicky1314]

Re: Court claim from Cabot finance

ok hun ill write it out in the next few days then post and see what you think. I know what I,m like I,m sure ill have missed something or not added it in right place lol. thanks again for your help

[flicky1314]

Re: Court claim from Cabot finance

hi guys here my defence hope its ok. please tell me if I need to add anything or not.

1..I received the claim $$$$$ from the Northampton crown court on the 24/12/14
2.. each and every allegation the the cflaimants statement of case is denied unless specifically admitted in theis defence
3.. The claim appears to b for a catalogue account agreement regulated under the Consumer credut act 1974.
4.. the claimant statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5.. the claimants statement of case states the account was assigned to cabot on jan 13 2012
6.. the defendant does not recall receiving notice of thie assignment
7.. it is denied that cabot served any default notice on the defendant pursuant to s87 consumer credit act 1974. the cflaimant is required to prove that a compliant default notice was served upon the defendant
8.. on 30/12/14 I sent a formal request for a copy of the original agreement to cabot frinancial ltd pursuant tosection 77 or 78 of the consumer credit act 1974 along with the £1 statutory fee.

[flicky1314]

Re: Court claim from Cabot finance

sorry there is more to come pc playing up

[nemesis45]

Re: Court claim from Cabot finance

Hi Flicky

7. Cabot as a debt purchaser cannot issue a default notice., the account would have been defaulted by the original creditor

[flicky1314]

Re: Court claim from Cabot finance

9.. the claimant has failed to comply with (s77{1} /s78{!} consumer credit act 1974 and by virtue of s77{4}/s78{6} consumer credit act 1974 cannot enforce the agreement
10.. 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 moneyis owed as claimed.
11.. 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.
12.. in the event that the relevant documentation are received from the claimants I will then be in a position to amend my defence and would ask that the claimants bear the cost of the amendment.
13.. it is denied that the claimant is entitled to the relief as claimed or at all.

that's it guys is it ok ????:tinysmile_hmm_t2:

[flicky1314]

Re: Court claim from Cabot finance

ok nemesis so shall I take that bit out ???

[nemesis45]

Re: Court claim from Cabot finance

ok nemesis so shall I take that bit out ???

Yes remove that.
You can request a copy of the default notice issued by the original creditor under CPR31.14 IF such a DN is mentioned in the particulars of claim.

nem

[flicky1314]

Re: Court claim from Cabot finance

sorry nemesis you've lost me

[Kati]

Re: Court claim from Cabot finance

You can request a copy of the default notice issued by the original creditor under CPR31.14 IF such a DN is mentioned in the particulars of claim.

sorry nemesis you've lost me

You can ask for all the documents mentioned in the POC:

Hi amethyst Thank you for that. I've written out my cca request to send tomorrow also my cpr request.
Particulars from claim form are
The claimant (Cabot) claims payment of the overdue balance due from the defendants under a contract between the defendant and shapely figures.
Dated on or about Apr 04 2007 and assigned to the claimant on Jan 13 2012 in the sum of 1581.90
Particulars a/c no xxxxxxxxxxxxxxx
Date 28/11/14 default balance 1581.90

[nemesis45]

Re: Court claim from Cabot finance

sorry nemesis you've lost me

The Default notice/ registration of the default will have been done by the original creditor not Cabot so Cabot can't issue a default notice in regard to it's dealings with the debt.

You can ask for a copy of the original DN via the CPR31 .14 request if a DN is mentioned in the Particulars of Claim.

Hope that's clearer!!

nem

[nemesis45]

Re: Court claim from Cabot finance

No mention of a DN so cannot be included in CPR 31.14 request.

For Clarification Please:

There is no mention of a " Regulated Agreement " in the POC my question is:
Is this a credit agreement or a service contract?

Just checked Catalogue Account.

[flicky1314]

Re: Court claim from Cabot finance

ok so I leave out number 7 yeah ?.
yes nemesis it was for a catalogue
is that ok?
im sorry for all the questions just don't understand any of it

[flicky1314]

Re: Court claim from Cabot finance

really need to get this off tomorrow guys don't want to b late with my defence :tinysmile_cry_t: