Court claim from Cabot finance

[Ruby]

Re: Court claim from Cabot finance

Absolutely get your defense into court asap but it sounds like your case will go in the same direction as mine went - ie, adjourned until paperwork found, or not..... :tinysmile_twink_t2:

My court case was adjourned once and because they could still not find compliant paperwork the case was thrown out.

You also have the added advantage of challenging them chasing a statute barred debt.

[flicky1314]

Re: Court claim from Cabot finance

Ok thanks ruby so does my defence look ok. Apart from number 7 which I'll take out. Do I add anything about them chasing a statue barred debt. If so how do I word it.

[Ruby]

Re: Court claim from Cabot finance

Sorry, I'm not familiar with the English court system so I think I would do you an injustice in advising you on the legal jargon in case I get it wrong .

[flicky1314]

Re: Court claim from Cabot finance

No problem thanks anyway. Hopefully someone will come along soon and help. It just confuses me and I don't want to get it wrong.

[nemesis45]

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

If you don't question you don't learn Never worry about asking!!

I found it strange there was no mention of " Regulated Agreement", can you recall how the account was opened, and did the catalogue off credit?

[flicky1314]

Re: Court claim from Cabot finance

Hi nemesis thanks for being so understanding. It was opened online one of many I did at the time. Yes credit was offered :tinysmile_cry_t:

[nemesis45]

Re: Court claim from Cabot finance

Emmm online agreement, no mention of " CCA Regulated" I'm inclined to thinking something "smells) " here.
I 'm intrigued as to what the CCA request may turn up.

[flicky1314]

Re: Court claim from Cabot finance

Sorry nemesis I don't understand they won't have a cca as I didn't sign one. Is that what u mean ?

[flicky1314]

Re: Court claim from Cabot finance

Hi nemesis could u explain ur last comment I don't understand it. Also is it ok to go ahead a do the defence as I really need to get it off today or tomorrow at the latest. I'm sorry if I'm being a pain and know you are all very busy.

[nemesis45]

Re: Court claim from Cabot finance

Hi nemesis could u explain ur last comment I don't understand it. Also is it ok to go ahead a do the defence as I really need to get it off today or tomorrow at the latest. I'm sorry if I'm being a pain and know you are all very busy.

An agreement must exist even if you just ticked a box on screen and it must still conform to the provisions of CCA 1974.
Yes get our defence off if the time is up.
nem

[Amethyst]

Re: Court claim from Cabot finance

Have a read through - I've added in the Stat Barred as I couldn't see that we'd ditched that defence, I've also added in a positive assertio that there is no cca between you and the original creditor, although being fair the claimants haven't mentioned the consumer credit act only a contract. Need to sort out some CAPITAL letters on Consumer Credit Act and Civil Procedure Rules, Cabot, etc etc.
Para 3 might want amending depending on your recollection, if you think there was a debt outstanding then just leave out ''or any balance owing to''

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1.I received the claim $$$$$ from the Northampton crown court on the 24/12/14

2. Each and every allegation the the claimants statement of case is denied unless specifically admitted in this defence

3. The claimants claim is for an alleged overdue balance from a contract between myself, the defendant, and Shapely Figures, a catalogue company. I am unaware of any contract, or any balance owing to Shapely Figures catalogue and put the claimants to strict proof of this.

4. The claim appears to be for a catalogue account agreement for credit regulated under the Consumer Credit Act 1974.

5. It is denied that I entered to a Consumer Credit Act regulated agreement with Shapley Figures. I do not recall ever seeing or signing any such agreement.

6. On 30/12/14 I sent a formal request for a copy of the original agreement to Cabot financial ltd, as creditor, pursuant to section 77-78 of the consumer credit act 1974 along with the £1 statutory fee.

7. The claimant has failed to comply with my request under the consumer credit act 1974 and by virtue of s77{4} / s78{6} consumer credit act 1974 cannot enforce the agreement.

8. I have not acknowledged or made any payments to Shapely Figures or any party acting on their behalf, or any assignee of the alleged debt, in the past 6 years.

9. Therefore it is submitted that any debt would be statute barred under section 5 of the Limitations Act 1980.

10. The claimants statement of case states the account was assigned to Cabot on Jan 13 2012. I do not recall receiving any notice of assignment.

11. 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.

12.. I request the court orders the claimants to provide the necessary documentation in order for me to further plead my case, and put the claimant to strict proof of any acknowledgement of payment in the last 6 years, else the claim should stand struck out.

13.. In the event that the relevant documentation is 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.

14. It is denied that the claimant is entitled to the relief as claimed or at all.

[flicky1314]

Re: Court claim from Cabot finance

Thanks nemesis I didn't think they could enforce anything without a signed agreement which I know I haven't signed anything. I guess I got it wrong.thanks fot the advice though.
Amethyst Thank you so much for that I will write out now and send off today. Thanks to everyone that's helped. You are all amazing bunch of people. Xxx

[nemesis45]

Re: Court claim from Cabot finance

Thanks nemesis I didn't think they could enforce anything without a signed agreement which I know I haven't signed anything. I guess I got it wrong.thanks fot the advice though.
Amethyst Thank you so much for that I will write out now and send off today. Thanks to everyone that's helped. You are all amazing bunch of people. Xxx

The tick box on the online app form is accepted as a signature.

[flicky1314]

Re: Court claim from Cabot finance

Oh ok thanks nemesis oh well looks like I would have ticked the box then but know I haven't paid or acknowledged in 6 years. Thanks for your help anyway nemesis your a star

[nemesis45]

Re: Court claim from Cabot finance

If the claim was filed before the debt becomes statute barred the claim stops the "six year clock, if the claim is Post SB this is a complete defence to the claim.