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

[johnnykreese]

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

Do I have to file this today or can I do it Monday? I technically have until the 1st Sept right? So if I file it Monday and its not processed until w/e thats not my fault? Or is it on me to get it in before 17:00 today?

[FlamingParrot]

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

Do I have to file this today or can I do it Monday? I technically have until the 1st Sept right? So if I file it Monday and its not processed until w/e thats not my fault? Or is it on me to get it in before 17:00 today?

You can file it online at any time even if it's not a working day/during working hours. The court doesn't automatically stop you from filing a defence after the 1st of September, however, once the deadline is past the claimants can request default judgment, :scared: which is why you need to file it before the deadline of Sept 1st. So basically you can file it over the w/e or on BH Monday. Even if you have trouble logging in (and quite a few people do ) to MCOL, it can also be filed by email. :typing:

[johnnykreese]

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

Ahh thanks a lot for the help. I am at work today and its crazy and I just can't get away. Another example of how its all in their favour heh. Totally appreciate the help. Am I right in thinking that even though it may not be SB'd by putting that in my defence I force them to prove it isn't?

Would it also be a good idea to get in touch with them regarding a F&F settlement - as I suspect it isn't SB'd to be fair - or should I try and wing it and hope they can't call my bluff? The downside there is if they can I have to pay it ALL back plus interest etc no?

Also why have they not complied with my requests? Do they just not bother to save money/man hours? Or is it that they genuinely can't?

[FlamingParrot]

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

Ahh thanks a lot for the help. I am at work today and its crazy and I just can't get away. Another example of how its all in their favour heh. Totally appreciate the help. Am I right in thinking that even though it may not be SB'd by putting that in my defence I force them to prove it isn't?

The burden of proof is on the claimant to show it's not SBd, not on you to show it is! :grin:

Would it also be a good idea to get in touch with them regarding a F&F settlement - as I suspect it isn't SB'd to be fair - or should I try and wing it and hope they can't call my bluff? The downside there is if they can I have to pay it ALL back plus interest etc no?

Bear in mind they will be required to supply the documents they intend to rely on in general, at least 14 days before the hearing if it goes that far, they often stumble at that point.

Once you submit your defence, if they decide to proceed you will get a directions questionnaire and the opportunity to opt for mediation so don't rush into anything yet. :ranger:

Also why have they not complied with my requests? Do they just not bother to save money/man hours? Or is it that they genuinely can't?

They can't because they buy debts in bulk without any paperwork and have to rely on the original creditor to obtain the paperwork, who will be in no hurry to dig it up having sold the debt and written it off years ago. They issue claims in the hope of obtaining default judgment, sadly over 75% of money claims end in default judgment so they are banking on that when they issue a claim. :mad2: :mad2: :mad2:

[johnnykreese]

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

1. I received the claim xxxx from the Northampton County Court Business Centre on 02/07/2015.
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 loan 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. The particulars of claim are vague and fail to state precisely when the agreement was entered into, the date of any alleged Default or any details as to how the sum claimed has been calculated.
5. The account as stated in particulars of claim is statute barred by virtue of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.
6. The Claimants statement of case states that the agreement was assigned to the claimant. No date is given. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Sainsbury's served a Default notice on the Defendant pursuant to s87 of Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8. On 08/07/15 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 Limited. I requested the Claimant provide copies of the Agreement & any associated Terms & Conditions applicable to the account at that time, the Termination Notice, Notice of Assignment and Any other documents mentioned in the particulars of claim.
9. Mortimer Clarke Solicitors Limited have not not sent any of these documents to me despite accepting my offer of a 28 day extension in line with Civil Procedure Rule 15.5(1).
10. On the 17/07/2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.
12. 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.
13. 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.
14. 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.
15. It is denied that the Claimant is entitled to the relief as claimed or at all.

How's this?

My only concern is that I am fairly sure it isn't statute barred. By my calculations the loan would have been defaulted on in Sept 2009 with some written correspondence in Nov 2009. That leaves it a good 6 months or so inside 6 years.

Isn't the fact they have not complied with the CCA or CPR - effectively leaving me unable to make a defence - enough to make it unenforceable?

Does it make me weaker claiming it is SB'd even if I am certain it isn't? Or is the idea that in order to prove it isn't SB'd they would have to obtain the info from Sainsbury's and present it to the court?

I'm confused tbh. I mean they have to do that anyway don't they? So I can mount a proper informed defense?

[FlamingParrot]

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

My only concern is that I am fairly sure it isn't statute barred. By my calculations the loan would have been defaulted on in Sept 2009 with some written correspondence in Nov 2009. That leaves it a good 6 months or so inside 6 years.

Isn't the fact they have not complied with the CCA or CPR - effectively leaving me unable to make a defence - enough to make it unenforceable?

Lack of compliance with a CCA request is a bar to enforcement but only for as long as they don't comply, they can remedy that at any time by supplying the documents (if they can). Also once the matter goes to a hearing, the court will ask them to send you the documents at least 14 days before the hearing, if they can't get their hands on them they may have to discontinue. ray: ray: ray:

Does it make me weaker claiming it is SB'd even if I am certain it isn't? Or is the idea that in order to prove it isn't SB'd they would have to obtain the info from Sainsbury's and present it to the court?

The burden of proof is on the claimant to show that it isn't, so yes, they'd have to get info from Sainsbury's showing payments in the past six years. It's not always easy to recall when you last paid if it was that long ago.

I'm confused tbh. I mean they have to do that anyway don't they? So I can mount a proper informed defense?

You are going to file this generic defence to start with, as above they'd have to get some paperwork if they want to take this all the way to a hearing.

[johnnykreese]

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

Alrighty then. So go ahead and file that defense tomorrow? The wording all OK?

Also thanks for answering on a Bank Holiday weekend. You're a hero. :tinysmile_twink_t2:

[FlamingParrot]

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

That looks OK. With a bit of luck, you'll receive on of them Cabot template letters saying they cannot locate the agreement and the account is currently unenforceable. ray: ray: ray:

I'm a heroine (but not the bad kind! :lol.

[johnnykreese]

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

As expected I can't get on to MCOL today. Its just not accepting my user/pass.

Is there some other way to file my defense?

Also do I have tomorrow or is it midnight tonight? (Due 1st).

If not I guess I am just another victim of the Government Gateway.

[FlamingParrot]

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

As expected I can't get on to MCOL today. Its just not accepting my user/pass.

Is there some other way to file my defense?

Sadly that seems to be happening a lot on that site. :mad2: :mad2: :mad2:

Fortunately you can file your defence by email to: ccbcdefendants@hmcts.gsi.gov.uk On the subject field you should put: Claim No. xxxxxxxx - CABOT FINACIAL (UK) LTD v JOHNNYKREESE- DEFENCE

The body of the email is your defence :typing: and you should get an automated email confirmation. :thumb:

Also do I have tomorrow or is it midnight tonight? (Due 1st).

If not I guess I am just another victim of the Government Gateway.

That should be midnight tomorrow then as the first only starts at midnight tonight. To clarify, the court does not automatically stop you from filing a defence after the deadline, however, once the deadline expires the claimant is allowed to request default judgment. :scared: For that reason it's best to be on the safe side. :thumb:

[johnnykreese]

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

... and ... Unclench. :doggieyes:

Thanks again!

[johnnykreese]

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

So I saw this today: http://www.wragge-law.com/insights/2...-carey-v-hsbc/

What is the point of requesting a copy if they can just 'make it up'? The whole true copy thing no longer applies?

[FlamingParrot]

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

So I saw this today: http://www.wragge-law.com/insights/2...-carey-v-hsbc/

What is the point of requesting a copy if they can just 'make it up'? The whole true copy thing no longer applies?

That's hardly a new case, it's over five years old, and at the time there were lots of claims management companies encouraging people (such as Emma Carey herself) to send CCA requests with the intention of taking the agreements to court to have them ruled unenforceable. Carey was the claimant in that case, not the defendant.

The judgment doesn't say they can just make it up, it still says a reconstruction should be honest and accurate. It's not always that easy to achieve such a thing, especially when it's been years since the account was sold. ray: ray: ray:

[johnnykreese]

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

Hmm. Just seems like they really don't like having to play by the rules and well could we just disregard this one - sure thing! :tinysmile_aha_t:

Letter from Crapbot this morning: Dear Sir, we have been unable to comply with your request (CCA) within the specified time frame. We will put your case on hold until such a time as we can. Please call our friendly customer services team to arrange repayment today! You still have to pay us back etc. They didn't return the £1 postal order though. Charming!

[johnnykreese]

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

Update:

Generic letter from Court today confirming my defense will be served etc.

Still not heard anything from Sainsbury's re: SAR, nothing from Crapbot or Mortimer Clarke.