Cabot Financial and old egg loan-CCJ Being sought

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Kati that is exactly what I thought-I do not want to get caught out.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Just checked my personal email and I have only received a consent form from them to be able to communicate to me via email. I have responded giving my express consent, It has been over half an hour and I have not received any further communication. I think If I do not get an email by the end of the business day, then I should proceed ahead. Do you think I should just fill out the defence form, just using the no CCA defence?

[Kati]

Re: Cabot Financial and old egg loan-CCJ Being sought

You can see an example defence http://www.legalbeagles.info/forums/...t-Court-Claims

Have a look at the link Amethyst provided and see if you can adapt it for your defence :tinysmile_twink_t2:

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I did check it and that really does seem to be the only one I can tick I think-do I need more than one area of defence?
Sorry to be such a pain.
Sara

[Kati]

Re: Cabot Financial and old egg loan-CCJ Being sought

Just checked my personal email and I have only received a consent form from them to be able to communicate to me via email. I have responded giving my express consent, It has been over half an hour and I have not received any further communication. I think If I do not get an email by the end of the business day, then I should proceed ahead. Do you think I should just fill out the defence form, just using the no CCA defence?

If you DO get an email advising you

the matter is on hold and you don't have to do anything more at this stage

then would you be able to post up a redacted copy ... or possibly email it to me ( kati@legalbeagles.info ) or Amethyst ( admin@legalbeagles.info ) ? it would be interesting to see it

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I will definitely email to you IF I receive It. Which I doubt because the person at the other end of the call did assure they would do this afternoon-straight after my call-which has not happened.

[wayne7]

Re: Cabot Financial and old egg loan-CCJ Being sought

Sara I am in th same position as you with the exact dates as you have,

I have emailed Drydens 3 times now requesting an extension.

I have prepared my defence amending one of the forms on here and will submit my defence tomorrow if I do not receive the extension, that would give me 28days to prepare my defence should they send me the requested documents.

Good luck and fingers crossed.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Good Luck Wayne, they really did not sound like they wanted to give me the 28 days but did not me to bother filling out the Court defence form-which makes me suspicious!

[Kati]

Re: Cabot Financial and old egg loan-CCJ Being sought

they really did not sound like they wanted to give me the 28 days but did not me to bother filling out the Court defence form-which makes me suspicious!

have a look at the draft defence and see if you can adapt it

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I have a silly question of sorts, I have been told I can fill out the defence form online-so without sounding like a total idiot-is there a section to put in the defence? As in copy and paste sections in or upload my letter?
Sorry for pestering you.
Sara

[wayne7]

Re: Cabot Financial and old egg loan-CCJ Being sought

Personally me I would prepare your defence that's what I have done ....... I don't really trust Cabot or Drydens my luck they will get a CCJ by default whilst I'm waiting for an extension.

I have given drydens till mid day tomorrow, they have read my email, and it has been forwarded to someone else who has read it, I have the email tracked to proof it was sent, delivered and read...

[Kati]

Re: Cabot Financial and old egg loan-CCJ Being sought

I have a silly question of sorts, I have been told I can fill out the defence form online-so without sounding like a total idiot-is there a section to put in the defence? As in copy and paste sections in or upload my letter?
Sorry for pestering you.
Sara

I believe you can upload it through MCOL :tinysmile_grin_t:

If you want someone to look through it on here first, just post up a redacted copy :tinysmile_twink_t2:

K xx

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Thank you,I will do that as long you do not mind Kati? Yes I think you are correct, I'll probably wake up Thursday with a CCJ!

[Kati]

Re: Cabot Financial and old egg loan-CCJ Being sought

No problem at all xx

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Ok i have looked through the defence form and I basically copied most of it. I will lay it out later on, when I have a bit more time but I will paste up on here what I intend to use( advice if I should delete any or add more-Thank you):

1: I received the claim [Claim Number] from Northampton County Court on 19^th 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 or Loan agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

7. 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.

8: 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 declined.


9. 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.

10. 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.

11. 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.

12. 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 .................................................. ....