Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015



- - - Updated - - -

This came after the SAR (so they received the SAR) although they haven't yet replied to that request. So this smells funny and seems pre-emptive to me?

My questions:

1. Is this a ploy to make me acknowledge the debt or something cynical like that?

2. Could I use this with regard the debt/court action with Cabot in some way?

Many thanks! :tinysmile_twink_t2:

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

This cannot be claimed to be a payment authorised by you so, it cannot affect any claims that the debt is SB.

Barclays have issued quite a number of similar letters with cheques attached, it seem that " back office " procedures" have been found wanting!

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

1. Is this a ploy to make me acknowledge the debt or something cynical like that?

Could be, not making YOU acknowledge the debt but possibly being able to argue it's not SBd due a payment made into your account, however, that wouldn't work for two reasons:

1. If the debt is already SBd and was a the time the claim was issued, then nothing can 'un-bar' it, not even a payment made by yourself.
2. If a debt is not SBd, then a payment has to be made by yourself or someone acting for you as your 'agent' (such as a DMP provider or debt management company), not by the creditors themselves.

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Cool beans. I guess I only (sorta) owe Cabot 5150 quid now then.

Still haven't heard from Mortimer Clarke re: my CPR. Or from Cabot re: the CCA.

If I have 28 days from being served (2nd July) then I need to submit a defence online Weds 29th?

In the mean time wait and see what else comes in the post: horses head, nails, bullets etc.

Maybe I'll win the EuroMillions .. transfer it all in to a Ltd company and declare bankrupt just to spite them. Fiddy style!

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Cool beans. I guess I only (sorta) owe Cabot 5150 quid now then.

Still haven't heard from Mortimer Clarke re: my CPR. Or from Cabot re: the CCA.

If I have 28 days from being served (2nd July) then I need to submit a defence online Weds 29th?

In the mean time wait and see what else comes in the post: horses head, nails, bullets etc.

Maybe I'll win the EuroMillions .. transfer it all in to a Ltd company and declare bankrupt just to spite them. Fiddy style!

No CCA supplied in response to the request means they cannot enforce until the agreement is produced,

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Cool beans. I guess I only (sorta) owe Cabot 5150 quid now then.

Still haven't heard from Mortimer Clarke re: my CPR. Or from Cabot re: the CCA.

Cabot will probably send a letter saying it'll take them 40 days to obtain it, there's no need to chase them.

You need to chase MC for the CPR request, they usually agree to a 28 day extension to file your defence. :thumb:

If I have 28 days from being served (2nd July) then I need to submit a defence online Weds 29th?

5 days are officially allowed for service, so it's 33 days from date printed on claim.

If you get the 28 day extension, that sits on top of your previous time allowance. :clock:

In the mean time wait and see what else comes in the post: horses head, nails, bullets etc.

Maybe I'll win the EuroMillions .. transfer it all in to a Ltd company and declare bankrupt just to spite them. Fiddy style!

That's the spirit! :high5:

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Got a letter this morning from Cabot. They are just playing silly buggers! Sheesh!



I don't really understand how I can be more explicit. I sent them a letter containing my name, address and the CCJ reference no.

I suppose I will try again?

Ok I think I see the issue. In the CCJ they have spelled my Christian name wrong.

Here's the draft of the letter I was going to send back to them anyway:

Cabot Financial (UK) Limited
Kings Hill Avenue
Kings Hill, West Malling. Kent.
ME19 4UA

Dear Sir/Madam

Re: CCA Request

I refer to your letter received 16 July 2015 regarding my request for a copy of my Consumer Credit Agreement. I acknowledge receipt of your letter in which you state that you were unable to locate a customer with the details provided. I therefore am re-sending my request with additional details to help resolve this issue.

The County Court Claim proceedings your solicitors issued asking that the Court make a Judgement Order had the following name and address on the forms which I presumed refers to me:

Name on CCJ
Address on CCJ

Original Creditor: SAINSBURYS
County Court Claim No: XXXXXX

As I do not recognize this debt and have indicated my intention to the Court to defend these claims in full, I therefore re-iterate my original request as follows:

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. These funds are not to be used for any other purpose. I understand that a copy of my credit agreement should be supplied within 12 (+2) working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.


Yours faithfully,

X

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Re-sent CCA as above today.

Received reply from Mortimer Clarke to my CPR request today:



15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

So I just write a short letter to the court stating that the claimant has agreed to my request for a 28 day extension as per CPR 15.5? Is there a template for this or should I just type a quick letter out and fire it off? Do I need to send anything or say anything specifically in the letter? I cannot do this online, no?

PS: Sorry for rambling etc. I will try to be more to the point and stop diverging from now on.

[Amethyst]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

To inform the court in writing;


Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk



SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to XXX DATE (defence date plus 28 days ) XXX.

Kind regards

xxxxxxxxx
Defendant

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Got a letter this morning from Cabot. They are just playing silly buggers! Sheesh

I don't really understand how I can be more explicit. I sent them a letter containing my name, address and the CCJ reference no.

I suppose I will try again?

Ok I think I see the issue. In the CCJ they have spelled my Christian name wrong.

Here's the draft of the letter I was going to send back to them anyway:

To clarify, they haven't obtained a CCJ yet, it's just a claim at this stage. The claim number probably won't mean much to them because the claim would be dealt with by their appointed solicitors Mortimer Clarke. It's all very positive though, to be able to show YOU are doing all you can to get them to comply. They will very likely reply with their usual template letter saying it will take them 40 days to obtain the document and meanwhile the account is on hold, that's what they send to everyone regardless of whether a claim has been issued or not, so the 'on hold' bit should be ignored.

As long as they are in receipt of your correspondence, there is no need to chase the CCA request as non-compliance is a bar to enforcement (for as long as the breach remains) and you can use that fact in your defence.

You've already got a 28 day extension from Mortimer Clarke (as I said earlier, they always agree to one), that should give you some breathing space, the 28 days are on top of your original 33 days. :ranger:

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

To inform the court in writing;


Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk



SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to XXX DATE (defence date plus 28 days ) XXX.

Kind regards

xxxxxxxxx
Defendant

Awesome thanks! So what would my defense date be now if the Issue date was 02 Jul?

Is it 02 July + 33 + 28 ? I really don't want to get that wrong heh.

I make it .. Monday 31st August?

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Awesome thanks! So what would my defense date be now if the Issue date was 02 Jul?

Is it 02 July + 33 + 28 ? I really don't want to get that wrong heh.

I make it .. Monday 31st August?

You can check your dates on the website quoted below:

Claim date July 2nd + 33 days = August 4th: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

August 4th + 28 days = September 1st: http://www.timeanddate.com/date/date...&am=&aw=&ad=28

Having said that, you don't have to leave it to the very last minute. :thumb:

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Update:
Nothing more from Mortimer Clarke re: CPR
Nothing from Sainsburys re: SAR
Haven't had an acknowledgement or reply re: CCA from Cabot. Its been 18 days.

Do I send a CCA chaser now?

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Update:
Nothing more from Mortimer Clarke re: CPR

That's OK, they've agreed to an extension and if, by the end of it, they don't come up with the goods, you can just file a generic defence based around lack of paperwork. :thumb:

Nothing from Sainsburys re: SAR

They have 40 days to respond to that one.

Haven't had an acknowledgement or reply re: CCA from Cabot. Its been 18 days.

Do I send a CCA chaser now?

No, don't chase the CCA request, non-compliance is a bar to enforcement and you can put that in your defence.

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Update:
Nothing more from Mortimer Clarke re: CPR
Nothing from Sainsburys re: SAR
Haven't had an acknowledgement or reply re: CCA from Cabot. Its been 18 days.

Do I send a CCA chaser now?

Don't chase CCA request, chase up CPR remind them the claim is not yet allocated to a track so 31. 14 still applies.

nem