Court letter from Shoosmith on behalf of Cabot

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Hello everyone,
I have been away for work and only received one letter from Natest (kindly eamiled to Kati for upload).
The Letter is asking for more proofs (ie copy of passport for signature).
the CCA request I sent to cabot however... 14+ days have passed and I have not received anything back?
Now I don't know what to do ... even on the court defence?

Have a great day!
Leo

[Kati]

Re: Court letter from Shoosmith on behalf of Cabot

.....

[MIKE770]

Re: Court letter from Shoosmith on behalf of Cabot

they know SAR reqest is evrything that is held, time is ticking for them , after 40 days time for ICO complaint

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Sorry guys but I'm confused.
I need (would like to ) put something on the court defence before it's too late.
See above.. showsmiths have responded but are yet to send me anything.
Cabot has failed to send anything and 14+days have passed.
the SAR letter... they require more info (ie passport)

Have a nice day
Leo

Thank you @warwick65 @charitynjw @Diana M @MIKE770

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Anyone please?
By the way, forgot to mention, I just scribbled the signature when I sent those letters as I read in the past about the fear of them using the signature to make docs.
Hence the SAR asking for a passport / proof I assume.
[MENTION=3599]MIKE770[/MENTION] 40 days? But don't I need to respond to my defence asap?

[charitynjw]

Re: Court letter from Shoosmith on behalf of Cabot

If the Claimant/sols have not disclosed requested info, your defence will be that fact coupled with the sanction via the failure to comply with the CCA request.
The SAR does not necessarily form part of your defence. It is more for your personal info so that you can check the accuracy of anything the Claimant might send later on.

[Amethyst]

Re: Court letter from Shoosmith on behalf of Cabot

Defence Example is a good starting point

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

thank you,
I'm going to complete the defense on line.
I will post a copy here before I submit it.
What happens then?

Best,
Leo

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Here's my defence: I typed it all in rather then pasting / changing so that I could have a better understanding of it.
=============

1. I received the claim XXXXXXX from the County Court Business Centre – Northampton on the 16/05/2017.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.
3. The 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 RBS (Natwest dual classic) to Cabot Financial (UK) ltd on 25/04/2016. The Defendant does not recall receiving notice of this agreement.
7. It is denied that RBS (Natwest Dual Classic) 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 19^th of May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP Solicitors. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Default Notice.
9. Shoosmiths LLP Solicitors have not sent any of these documents to me.
10. On the 19^th of May 2017 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 s78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s78 (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 filling my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
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 admin 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 cost of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.

The Defendant believes that the facts stated in this defence are true.

Signed
================================================== ========
Before I fill the online defence, could someone kindly look at it and let me know if I have omitted/ typo anything ?

I had to take a day off work for this as I really cannot focus on anything. Thanks everyone for your assistance.

Leo

[charitynjw]

Re: Court letter from Shoosmith on behalf of Cabot

Para #11
If this is a credit card agreement, scrub the ref to s77 CCA.

[MIKE770]

Re: Court letter from Shoosmith on behalf of Cabot

space out paragraphs

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Ok I have spaced them out and corrected Para 11
====================

1. I received the claim xxxxxxfrom the County Court Business Centre – Northampton on the 16/05/2017.

1. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.

1. The Claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

1. The Particulars of claim fail to state when the agreement was entered into.

1. The Claimants statement of case states that the account was assigned from RBS (Natwest dual classic) to Cabot Financial (UK) ltd on 25/04/2016. The Defendant does not recall receiving notice of this agreement.

1. It is denied that RBS (Natwest Dual Classic) 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.

1. On the 19^th of May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP Solicitors. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Default Notice.

1. Shoosmiths LLP Solicitors have not sent any of these documents to me.

1. On the 19^th of May 2017 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.

1. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

1. I have asked the Claimant if we may agree to extend the time period allowed for filling my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

1. 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 admin the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

1. 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.

1. 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 cost of the amendment.

1. It is denied that the Claimant is entitled to the relief as claimed or at all.

The Defendant believes that the facts stated in this defence are true.


==========================

is there anything else I should change before I submit it online please?

Thank you

[charitynjw]

Re: Court letter from Shoosmith on behalf of Cabot

Lol

Do you have a special liking for the number '1'?

[MIKE770]

Re: Court letter from Shoosmith on behalf of Cabot

Lol

Do you have a special liking for the number '1'?

adds up to 15 lol

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

hoops didn't realize that when pasting from word... Sorry :/

- - - Updated - - -

1. I received the claim xxxxxxx from the County Court Business Centre – Northampton on the 16/05/2017.

1. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.

1. The Claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

1. The Particulars of claim fail to state when the agreement was entered into.

1. The Claimants statement of case states that the account was assigned from RBS (Natwest dual classic) to Cabot Financial (UK) ltd on 25/04/2016. The Defendant does not recall receiving notice of this agreement.

1. It is denied that RBS (Natwest Dual Classic) 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.

1. On the 19^th of May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP Solicitors. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Default Notice.

1. Shoosmiths LLP Solicitors have not sent any of these documents to me.

1. On the 19^th of May 2017 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.

1. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

1. I have asked the Claimant if we may agree to extend the time period allowed for filling my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

1. 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 admin the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

1. 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.

1. 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 cost of the amendment.

1. It is denied that the Claimant is entitled to the relief as claimed or at all.

The Defendant believes that the facts stated in this defence are true.