Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

[pp54]

Received a claim? Yes
Issue Date: 15-12-2014
Amount approx: 1042.02
Claimant: cabot
Solicitor: Mortimer clark
Original Credit: lloyds

Particulars of Claim:
By a agreement agreement between lloyds bank('ltsb')&the defendent defendent on or around 1/04/1998 ('the agreement ')lstb agreed to issue the defendent with a credit card upon the terms & conditions set out therein.ln breach of the agreement the defendent failed to make the minimum payments due & the agreement was terminated .The agreement was assigned to the claimant on . THE CLAIMANT THEREFORE CLAIMS 1042.02

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I was late sending of for the cca & cpr 31.14 they received them on 5/1/15 I have had no cocorrespondence from them.I am beginning to pannic as time is running out

[Amethyst]

Re: Court Claim - cabot / lloyds - 15-12-2014

Your defence will be due in tomorrow I suspect.

Mortimer Clark - ok give them a call in the morning and ask them if they will agree to an extension so they have time to send the documents to you. http://www.legalbeagles.info/forums/...filing-defence

If they refuse then you'lll have to put in a defence based on lack of docs - which is a little bit tricky as you've only just sent off the letters, but they have still had 7 days so should be okay - do we have an explanation for the delay ( away when claim arrived etc?) we can pop in ?

I've just put a draft of a defence for a credit card claim by Cabot on another thread which you could adapt for your own case http://www.legalbeagles.info/forums/...324#post507324

EDIT: ahh just realised that's in VIP sorry - here's the outline defence - http://www.legalbeagles.info/forums/...t-Court-Claims

If you want to adapt that to suit your case and post it up we can check it over for you xxx

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Thanks for the reply & the link Amethyst,

Ok so its ring mortimer clark tomorrow then file my defence dependent on there answer or should I file my defence now?

The delay was my fault I didn't realise that I could do anything.I did only received the letter on 19th as I work away does this Help?

Thanks Paul

[Amethyst]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Try getting the extension, if they agree ask them to email you, and you can then inform the court in writing. If they don't agree then you would put your defence in.

You can put in the I received this claim paragraph that you are a 'litigant in person' and went to visit CAB for help how to deal with the claim .... or something along those lines.... it isn't a major issue its just they aren't actually in default just yet of the cca request - however they will be very soon and you'll also soon get a letter saying they will take 40 days to get it, so you can be quite confident that a compliant CCA isn't going to drop through the door in the next couple of days xx

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

OK I will make a call tomorrow morning and go from there.

Thanks again Paul

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Hi all,

I made a call today to Mortimer Clark, admittedly I got a little flusterd but I did get an answer they have agreed to the extention and they had sent out a letter of which was waiting for me at home.

So just to clarify,

I will send the court a email using the template above tonight I am just unsure of the date would it be 14th February

33 + 28 days takes it to 14th Feb should this be earlier?

Thanks Paul

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Hi,

I have just sent the email,

Hopefully the dates are correct. I suppose its time to wait and see what comes.

Thanks Paul

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Hi,
Quick update,
I received the standard 40 day letter as expected and nothing else.
Its now time to submit my defence, I will use the template defence draft above.
Am I correct in thinking I can do this using the MCOL site?

Thanks Paul

[Amethyst]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

It should fit on the MCOL system, but because you have had an extension it might have blocked itself (it does that nothing to worry about just means you might have to file by email/snail mail) Sign in and see if entering your defence is an option, if not it will be the defendants@ccbc email address and you'd need to attach your Defence to the email as a PDF.

If you want to post a draft up we can just give it the once over make sure it's ok before you send it xx ( feel free to report your or pm me if someone doesn't respond for a while )

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Hi just wanted whether this was acceptable and correct
i will fill personal details in before i send it
thanks Paul

1: I received the claim A3CD925Y from the Northampton County Court on 19 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 agreement regulated under the Consumer Credit Act 1974ditor /Claimant] for provision of credit.

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. The Claimants statement of case states that the account was assigned from Lloyds TSB to Cabot Financial (Uk) limited . The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds TSB 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 30 December 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors ltd. I requested the Claimant provide copies of the Agreement .

9. Mortimer Clarke Solicitors Ltd has not sent any of these documents to me.

10. On the 30 december 2014 I sent a formal request for a copy of the original agreement to Cabot Financial (uk) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of 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),The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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 .................................................. ....


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[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Can someone look over this please time is now running away fast.

Thanks Paul

[Kati]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

When's your defence due in [MENTION=60462]pp54[/MENTION] ?
I'm sure [MENTION=6]Amethyst[/MENTION] and other Beagles will have a look through it soon

K xx

[Don Quixote]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

Quick query – in your first post, you state the debt is statute barred. Is this the case? If you are sure of this, that would be your defence.

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

My Mistake its not statue barred

[pp54]

Re: Court Claim - cabot / lloyds - 15-12-2014 CREDIT CARD

The 28 days extension runs out 14 feb is that when its due?