** DISCONTINUED ** Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey all, Cabot have replied, long story short:

"We don't have the documents you have asked for, we expect to have them within 40 days"

What next

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Once the 12 + 2 days expire without production of the CCA the debt becomes unenforceable until Cabot can produce it.
Do nothing at present.


nem

[Don Quixote]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Apologies if I’ve missed anything on your thread, but just to check a couple of things:

1. Have you been online to acknowledge the claim and defend all, to get the extra 14 days? I calculate roughly that, if you have done this, you have until on or about 6 March to get your defence in.

2. You still need to consider your defence if you do not receive these documents in time.

3. Alternatively, you may want to consider emailing or writing to Weightmans asking if they would like a 28-day extension under CPR 15.5 for them to provide the required documents so you can properly assess the claim against you.

4. Failure to comply with a CCA request is a defence to the claim, as previously mentioned (although many judges don’t like it so much when people issue a CCA request AFTER receiving a claim, as such issues should be dealt with as part of the claim).

5. Cabot’s CCA response proves that they and their solicitors were not in control of the necessary documents when they made a statement of truth regarding them – that is very, very naughty. Something every defendant should point out in their defence (following the judgment in this case https://consumercreditlitigationandd...mkdp-judgment/)

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey Don,

1: Yes - did that straight away.
2: Ok, will put a defence together from the template and pop it up here for advice of any changes
3: Did I not already do that with the letter above? (apologies)
4: That means I can add this to the defence statement? - if so how do I word that
5: Again, any suggested wording to add to the defence or would I write / mail to Weightmans / cabot with this?

Sorry for all the questions.

[Don Quixote]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey Don,

1: Yes - did that straight away.
2: Ok, will put a defence together from the template and pop it up here for advice of any changes
3: Did I not already do that with the letter above? (apologies) Yes, you did – I just missed it.
4: That means I can add this to the defence statement? - if so how do I word that See below
5: Again, any suggested wording to add to the defence or would I write / mail to Weightmans / cabot with this? You could adapt the paragraph I suggested for your letter previously – no need to write back to Cabot or Weighmans. The ball is in their court. You have made valid document requests and an offer of an extension – if they fail to respond or acknowledge, it will show the court you are trying to resolve issues and they are being obstructive. Could eventually be construed as unreasonable behaviour on their part.

Sorry for all the questions.

Keep asking questions! That’s how we all learned.

Have a look for the standard ‘holding’ defence – it’s all over the forum. Just needs adapting to suit, adding in bits that can already form a defence (ie. in breach of CCA request).

If documents do turn up, then we can develop a specific defence or make other suggestions, depending on what they have.

[FlamingParrot]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Have a look for the standard ‘holding’ defence – it’s all over the forum. Just needs adapting to suit, adding in bits that can already form a defence (ie. in breach of CCA request).

http://www.legalbeagles.info/forums/...t-Court-Claims

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Ok, here is my defence which I could do with a little help, questions below the defence if you would be so kind to help me.

1: I received the claim XXXXXXX from the Northampton County Court on 05/02/2015
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: 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 Capital One to Cabot financial UK Limited on or around 29 March 2011. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Captial One 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 12/02/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Weightmans LLP. I requested the Claimant provide copies of the Agreement.
9. Weightmans LLP has not sent any of these documents to me.
10. On the 12/02/2015 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), but they have declined.] or [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.

Ok so I have a few questions,

Point 5. It didn't say in the particulars of the claim when the card was incepted, however it did say it in Weightmans response - do I still leave this in?

Point 8. I only asked them to provide copies of the agreement only, as that was the only document they stated in the particulars, I didn't ask for notice of default / notice of assignment - although in Weightmans reply they did say they would provide these (even though I didn't ask for them) - what do I leave in or add to my defence on this.

Point 12: Not had a reply from Weightmans in regards to the extension from the letter I sent in a post above - so I cannot change this yet.

Point 13-16 - I don't know what these mean (apologies) do I leave them in?

I also noticed there was another Point 4 on the EXAMPLE defence, however, it has been marked in white text - so you had to highlight it to see it - Do I need to add this?

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

Cheers for your help guys / gals

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey guys, any advice on the above? deadline is tommorow

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Well, I have submitted my defence, hope its right, I would hate to fall at the last hurdle:

1: I received the claim XXXXXXX from the Northampton County Court
on 05/02/2015.

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: 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 Capital One to Cabot financial UK Limited on or
around 29 March 2011. The Defendant does not recall receiving
notice of this assignment.

7. It is denied that Captial One 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 12/02/2015 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Weightmans LLP. I requested the Claimant provide
copies of the Agreement.

9. Weightmans LLP has not sent any of these documents to me.

10. On the 12/02/2015 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), but they have at this time
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.

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Looks good to go!

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Fingers crossed then

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Fingers crossed then

Good luck!!

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey all,

Just a quick update, received a reply from Cabot stating "“Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court”

Which is great obviously, I then received a letter from Weightmans LLP stating:

"We write to advise that the claimant intends to proceed with this claim"

I then got a court document asking if I wanted mediation etc etc.

I have today sent a reply to Weightmans LLP stating:

"I write to thank you for your letter dated 31^st March 2015 informing me that the Claimant – Cabot Financial UK Limited – intends to proceed with this claim.

I have however received a letter on 24/03/2015 from Cabot Financial UK Limited stating that:

“Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court” – A full copy of the letter is enclosed, stating they cannot produce any valid documents as requested.

Given the fact that the Claimant themselves have admitted they cannot obtain a judgement, I feel it is a waste of time for for all parties for this to proceed any further and any claim should be withdrawn."

Slightly confusing to me, as Cabot have said its unenforceable however have proceeded with the claim.

Any advice of what to do next?

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hi, Could be the CCA or a recon is now available. Cabot's letter does " Currently Unenforceable" not irredeemably unenforceable.

A lot can happen in 7 days.
Check with the court for the status of the debt, is the claim stayed or has Weightmans filed any further documents.
e-mail Cabot and enquire about Weightman's latest letter, which is now two weeks old anyway.
It is important for you to keep checking with the court and completing all forms you receive and promptly returning them, delays like this of 14 days + could lead to Cabot getting judgment by default.


nem

[mrcooper]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

ph123UK

Cabot and Weightmans have done exactly the same to me - letter stating 'currently unenforceable' dated 27th March from Cabot and then letter from Weightmans stating going to proceed dated 31st March! I even spoke to the guy at Weightmans and he was adamant that his 'clients' were going to go ahead even though they have not provided me with any proof/evidence whatsoever. I have now received an N181 Directions questionnaire that needs to be completed to allocate where the hearing will take place (if it comes to that).

Good luck with the next bit of the process.