Dave VS Cabot Financial (UK) Limited

[DaveTheRave1999]

Received a claim?
Issue Date: 04/01/2017
Amount approx: £1980.44
Claimant: Cabot Financial (UK) LIMITED
Solicitor: Mortimer Clarke
Original Creditor: Lloyds TSB Credit card
Particulars of Claim: By an agreement between Lloyds Bank & the Defendant on or around 02/03/2012 ('the Agreement') Lloyds Bank agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was as signed t the Claimant. THE CLAIMANT THEREFORE CLAIMS 1980.44
Is the debt Statute Barred? No
List any letters you have sent: none
Any Other Info: Also have a loan and overdraft defaulted with Lloyds not yet in court proceedings currently assigned to different DCAs. I had a successful claim against Lloyds for mis sold PPI before i defaulted but im told even though they fruadulently mis sold the ppi having claimed against that and them paying the set aside payments the debts are still valid. Any help on the best way of proceeding with the cca and cpr letters i will forever be grateful.

[charitynjw]

Re: Dave VS Cabot Financial (UK) Limited

Hi DaveThe Rave1999 & welcome to LB.

First & foremost, have you sent an acknowledgement of the claim to the court?
If not, do so asap.

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

thanks for the speedy reply i have sent acknowledgement via the mcol site saying im going to defend the claim. I have took the templates for the cca request and the cpr request but im unsure on what to leave in and take out in terms of what im asking for in the particulars of claim. with them only mentioning an agreement. im unsure what to ask for do i leave out the default notice its very confusing i dont want to make any silly errors in the defence.

[charitynjw]

Re: Dave VS Cabot Financial (UK) Limited

You can ask for the agreement & the Notice of assignment via a CPR 31.14 request to the solicitor. (No fee, but get proof of posting)

Yes, I've noted the lack of mention of a Default Notice.
If it were me I'd keep quiet about that atm, & SAR the original creditor to see if it's on their database.
No point in highlighting the Claimant's/sols defects & doing their job for them.

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

Dear Sirs,


Claim Number: xxxxx


Request for documents mentioned in a statement of case under CPR 31.14


On 04/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.


To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 23/01/2017.
1. Agreement
2. Notice of Assignment




In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.


You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.


You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.


If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 13/01/2017.


I look forward to hearing from you.


Yours sincerely

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

13/01/2017


CABOT FINANCIAL (UK) LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
KENT
ME19 4UA






Dear Sir/Madam


Re:- Lloyds Agreement REF NO: xxxxxxxxx


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 along with all terms and conditions 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. I understand that a copy of my credit agreement should be supplied within 12 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.




Yours faithfully,

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

sorry to spam the page but these are the cpr and caa that im going to send i am unsure if its ok or not if anyone has any suggestions on if its ok or not i will be grateful as im worried im going to make a stupid mistake. Sorry for my lack of faith in myself with this process. Thanks for your help so far

[charitynjw]

Re: Dave VS Cabot Financial (UK) Limited

Hi

Why do you want to file your defence on 23/01/2017? (CPR letter)

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

i was not sure what date to put to file the defence i dont want to do it last minute you see. I thought ill just put that date so i have time after the correspondence from them or lack of before the time runs out to file the defence you see im unsure on what to put. What date should i put? Is the rest of it okay? 1 says sincerely and 1 says faithfully shall i put faithfully for both? Im sorry for all the questions and thanks so much for your help

[charitynjw]

Re: Dave VS Cabot Financial (UK) Limited

i was not sure what date to put to file the defence i dont want to do it last minute you see. I thought ill just put that date so i have time after the correspondence from them or lack of before the time runs out to file the defence you see im unsure on what to put. What date should i put? Is the rest of it okay? 1 says sincerely and 1 says faithfully shall i put faithfully for both? Im sorry for all the questions and thanks so much for your help

You don't have to put a date, you could just say "......ahead of filing my defence."

The rest looks fine (both).

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

thank you so much ive just removed the date and will now get them sent. I will no doubt reply again with panic if they send the documentation.

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

got a response letter from Mortimer Clarke Solicitors.

We acknowledge your request for documents pursuant to section 78 of the Consumer Credit Act 1974.
For the avoidance of doubt, this firm acts on its clients instructions. This firm does not hold the documentation you have requested . We have asked our client to provide them and will come back to you as soon as we can.
In the meantime, the matter has been placed on hold and no further action will be taken.
Yours faithfully
Mortimer Clarke
MORTIMER CLARKE SOLICITORS

[MIKE770]

Re: Dave VS Cabot Financial (UK) Limited

Ignore their the matter has been placed on hold, the court timings rule not Mortimer clarke,

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

i dont want to submit my defence too early as i think they will send docs last minute

[MIKE770]

Re: Dave VS Cabot Financial (UK) Limited

submit defence by due date, they then have 28 days to respond from the date they receive from the courts or get stayed, your worry is not needed as they have time limits anyway after you respond