WON!!!!! Northampton County Court Claim causing insomnia, please help!

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi All,

Here are the particulars of the claim brought against me by CABOT

~CLAIMANT

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

ADDRESS FOR SENDING DOCUMENTS AND PAYMENTS (if different)

SHOOSMITHS LLP
5 THE LAKES
NORTHAMPTON
NN4 7SH

ISSUE DATE 06 OCT 2015

DEFENDANT
PARTICULARS OF CLAIM

1. The claimant claims the sum of £5642.87 being monies due from the defendant to the claimant under a regulated agreement between the defendant and SAV( Bank Of Scotland (AQUACARD))
(####0948####8402)
and assigned to the claimant on 18/03/2011, notice of which has been provided to the defendant.
2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.
3. The Claimant claims the sum of £5642.87 and costs.
4. The Claimant has complied, as far as is necessary, with the pre-action conduct practise direction.

Maybe someone can see something helpful in there. Let me know what you think. To recap I've sent off notice of Acknowledgement of Service and have the CCA and CPR to do.
Can anybody be so bold as make a guess what my chances are with this sort of defence?
Thanks.
humanbean:tinysmile_grin_t:

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

The CPR request is here: http://www.legalbeagles.info/forums/...382#post410382

You can only request those documents mentioned on the particulars of the claim. I've been looking through this thread and I can't see them being posted up, it would be good if you could type up the particulars of claim. :typing:

They will usually mention a contract or agreement and assignment to the claimant, so you'd be able to request a copy of the agreement and the notice of assignment. Sometimes they mention a default notice but not always.

[Celestine]

Re: Northampton County Court Claim causing insomnia, please help with simple question

So you can request a copy of the Agreement, the Assignment Notice and the Default Notice in your CPR request

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi Flaming Parrot,
wow, thanks so much for the CCA Request conveniently laid out for me, very helpful.
As regards your question about exactly when I got the AQUACARD I'm racking my brains, but don't know. There is a possibility I had it before that date. Definitely. But I cant remember and my old records mainly are destroyed. There is a chance there will be a clue if I look through the letters AQUA

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi All,

Here are the particulars of the claim brought against me by CABOT

~CLAIMANT

CABOT FINANCIAL (UK) LIMITED

Aha! You may want to look at this then: http://www.legalbeagles.info/forums/...357#post583357 :grin: :grin: :grin:

ISSUE DATE 06 OCT 2015

That means your defence is due on the 8th of November: http://www.timeanddate.com/date/date...aw=&ad=33&rec=

DEFENDANT
PARTICULARS OF CLAIM

1. The claimant claims the sum of £5642.87 being monies due from the defendant to the claimant under a regulated agreement between the defendant and SAV( Bank Of Scotland (AQUACARD))
(####0948####8402)
and assigned to the claimant on 18/03/2011, notice of which has been provided to the defendant.
2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.
3. The Claimant claims the sum of £5642.87 and costs.
4. The Claimant has complied, as far as is necessary, with the pre-action conduct practise direction.

In view of the above, you can request copies of the following in your CPR request:

• The credit agreement
• The notice of assignment
• The default notice

Maybe someone can see something helpful in there. Let me know what you think. To recap I've sent off notice of Acknowledgement of Service and have the CCA and CPR to do.
Can anybody be so bold as make a guess what my chances are with this sort of defence?
Thanks.
humanbean:tinysmile_grin_t:

In view of the fact Cabot are issuing claims whilst not being authorised, I'd say pretty good! :grin:

In this case the OP sent a letter to the solicitors acting for Cabot to bring that fact to their attention: http://www.legalbeagles.info/forums/...223#post582223 :thum:

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi Flaming Parrot,
wow, thanks for your care. To stick the CCA there makes it a doddle for me to fill in the gaps. Cheers!!
As regards your question re: AQUACARD Creation date for me, I can not for the life of me remember, but I think there is a reasonable chance I had the card before that date. I will look through correspondence from AQUA (SAV) to see if they state when the card was created. Unfortunately most of my old AQUACARD records have been lost. I will look through what I have got!
THANKYOU !!
humanbean :tinysmile_grin_t:

[Celestine]

Re: Northampton County Court Claim causing insomnia, please help with simple question

If you can bear to access your credit report online, you should find out some more information about this account.

Noddle are meant to be ok.

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi Flaming Parrot,
wow, thanks for your care. To stick the CCA there makes it a doddle for me to fill in the gaps. Cheers!!

Glad to be of help! :yo:

As regards your question re: AQUACARD Creation date for me, I can not for the life of me remember, but I think there is a reasonable chance I had the card before that date. I will look through correspondence from AQUA (SAV) to see if they state when the card was created. Unfortunately most of my old AQUACARD records have been lost. I will look through what I have got!
THANKYOU !!
humanbean :tinysmile_grin_t:

OK, the only reason I asked was because, for accounts opened before April 2007, the law says that the court cannot enforce them unless there had been a properly executed agreement with all the prescribed terms to start with, however, for later accounts the court has discretion to enforce. :ohwell: For that reason it would be useful if you could remember not only when but also how you applied for the card. Was it a mailshot? An advert somewhere? In branch? Over the phone? Online? At the airport (yes, some people were offered credit cards there)? In a supermarket (I also recall when they were chasing you round Sainsbury's)?

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi Flaming Parrot and All,
I've copied up Flaming Parrot's very kindly presented CCA Request template and chucked in all my relevant details in the green areas. I.e. My name and address, CABOT'S name and address and my account number. Is this all I need do for the CCA request (including the £1 postal order)?
If 'yes' then I'll send it (signed for) to CABOT at their address, and that's that done.
If some kind bod could confirm I've not missed anything I'd be very grateful!
human of the bean family xx:tung:

- - - Updated - - -


Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

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. 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,


YOUR NAME

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi Humanbean

If you've entered your account number, etc. details then it should be OK - there's no reason for any text such as "Consumer Credit Agreement" to be in bold.

You need to buy a PO for £1 and stick it in the envelope with the letter, you may want to write on the back of it "For payment of statutory fee only" in case they want to credit it towards the account (you'll be surprised how often that happens).

When I sent my CCA requests years ago I had a paragraph in them saying: "Please find enclosed PO No.______________ for payment of the statutory fee." I'd then write in by hand the PO number at the post office before sticking it in and sealing the envelope. I don't think that many go 'missing' nowadays but that was just in case they came back saying the fee wasn't enclosed. :thumb:

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Great one Flaming Parrot!

I'll send the CCA today.

For the CPR am I right in thinking the only 3 things I can request are a copy of:

the Agreement
the Assignment Notice
the Default Notice

This is because they are the only 3 things mentioned.
I'll get on with that now. Please someone let me know if I'm doing a boo boo!

human: of-the bean: family xxx

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Sorry I can see that's already been answered. my bag xx

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Okay, I've typed up both CCP and CPR Requests, am now off to my sister's with it on memory stick to print out. Looks like it wont get sent till tomorrow now, but I reckon that's good enough. Cant believe with all your help I've been able to wade through all that and actually produce something helpful and meaningful from what was before just utter jibberish. Thankyou everybody sincerely.
p.s. I know this is just the beginning, but maybe I wont fall at the first hurdle!!!
humanbean has got to second base :tinysmile_twink_t2: !!

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Great one Flaming Parrot!

I'll send the CCA today.

For the CPR am I right in thinking the only 3 things I can request are a copy of:

the Agreement
the Assignment Notice
the Default Notice

This is because they are the only 3 things mentioned.

That's exactly right. :thumb:

Okay, I've typed up both CCP and CPR Requests, am now off to my sister's with it on memory stick to print out. Looks like it wont get sent till tomorrow now, but I reckon that's good enough.

You should be fine sending it tomorrow. They won't have any documents so they'll have to go begging to the original creditor for them anyway. :grin:

Cant believe with all your help I've been able to wade through all that and actually produce something helpful and meaningful from what was before just utter jibberish. Thankyou everybody sincerely.
p.s. I know this is just the beginning, but maybe I wont fall at the first hurdle!!!
humanbean has got to second base :tinysmile_twink_t2: !!

Don't worry, you should be fine. They are the ones who will fall at the first hurdle: when they can't come up with the paperwork! :lol:

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Great one Flaming Parrot!

I'll send the CCA today.

For the CPR am I right in thinking the only 3 things I can request are a copy of:

the Agreement
the Assignment Notice
the Default Notice

This is because they are the only 3 things mentioned.

That's exactly right. :thumb:

Okay, I've typed up both CCP and CPR Requests, am now off to my sister's with it on memory stick to print out. Looks like it wont get sent till tomorrow now, but I reckon that's good enough.

You should be fine sending it tomorrow. They won't have any documents so they'll have to go begging to the original creditor for them anyway. :grin:

Cant believe with all your help I've been able to wade through all that and actually produce something helpful and meaningful from what was before just utter jibberish. Thankyou everybody sincerely.
p.s. I know this is just the beginning, but maybe I wont fall at the first hurdle!!!
humanbean has got to second base :tinysmile_twink_t2: !!

Don't worry, you should be fine. They are the ones who will fall at the first hurdle: when they can't come up with the paperwork! :lol: