** DISCONTINUED ** :) Court claim Cabot /weightmans advice plz

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Wow that is pretty earlier for witness statements then, glad you checked the paperwork ! Back in a while xx

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

Lol I know don't even know why I checked cos the whole things scares the hell out of me lol. Having a look at statements now xxx

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

[MENTION=6]Amethyst[/MENTION] ive made a start on the statement when u have five mins let me know what u think can I add anything take anything out..... I do have one problem though I cant find a copy of the cca request I sent or cpr request. although I do have proof of posting as they were signed for from the post office....

In the ~~~~~~~~~County Court.
Claim number @@@@@@@@

Between
Cabot financial uk limited
and
Flicky1314

Witness Statement of Statement of Flicky1314

I Flicky1314 being the Defendant in this case will state as follows:

1) I make this witness statement in support of my defence in the claim.
2) The claim is for a Credit Agreement regulated under the Consumer Credit Act 1974, however I do not recall signing any Credit Agreement and do not hold a copy of the agreement or terms of that Agreement. The original account was opened with a company called Simply Yours.
3)On the 24/10/15 I made a written request to the claimants for a true copy of the Credit Agreement under s78(1) of the Consumer Credit Act 1974.
I enclosed payment of £1 EXHIBITS A and B. both were signed for.
4)Consumer Credit Act s78(1) states:
Duty to give information to debtor under running account credit agreement
a)the creditor under a regulated agreement for running account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document reffered to in it, together with a statement signed by or on behalf of the creditor showing , according to the imformation to which it is practicable for him to refer

a) The state of the account, and the amount, if any currently payable under the agreement by the debtor to the creditor and,
b)The amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

5)The claimant has failed to comply with s77(1) of the Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
6)Consumer Credit Act s78(6) states :
a)if the creditor under an agreement fails to comply with subsection(1)
b)he is not entitled, while the default continues, to enforce the agreement.

7)On 24/10/15 in order to obtain more information about the claim, I made a written CPR request to the claimants solicitors requesting that the claimant provides copies of all documents mentioned in the statement of case. EXHIBIT C , this was also sent royal mail signed for.
8) On 24/10/15 my acknowledgment of service was sent to County Court Business Centre Northampton. EXHIBIT D
9)My defence was sent on 25/11/15 to the County Court Business Centre Northampton. EXHIBIT E and F
10) I then rang the mediation team on 27/01/16 at 2.20pm to be told they wouldn't be able to help due to lack of paperwork.
11) The claimant has mentioned the Credit Agreement in its statement of case and yet it has provided nothing.
The claimant has not complied with my formal request for the Credit Agreement under s78(1) and therefore is unable to enforce the debt at this time.


Statement of truth:

I Flicky1314, the defendant believe the facts stated within this witness statement to be true.

amend plz if it helps me lol xx

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Evening xxx Had tea and coffee and caught up on some bits - all yours Looks like you've made a good start there Just going to go through it now xx

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

Aww thanks Hun. I don't think I've got it quiet right but it's a start lol xxx

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Good work there Flicky. I've expanded on a couple of points but nothing major. If you did the CPR and CCA requests on your 'puter are they not buried away somewhere in word docs ? If not then the posting receipts should be enough. I have a look back through the thread and I can't see the actual particulars of claim from the claim form - could you post them or link me to where they are (in case I'm just being blind as a bat ) - just want to see if they mention the default or assignment at all.

Do you know if you had much in the way of letters from the claimant before the court papers ?

Also you mentioned it going Statute Barred on 22nd Jan, I know the claim was made before then, but where's that date come from - is that a default of your credit file or the last payment you made to them ?

--------------------------------------------------------------------------------------------------------------------------

WORK IN PROGRESS

In the ~~~~~~~~~County Court.
Claim number @@@@@@@@

Between
Cabot financial uk limited
and
Flicky1314

Witness Statement of Statement of Flicky1314

I Flicky1314, of XXXXXyour addressXXXXXXXX, being the Defendant in this case will state as follows:

1) I make this witness statement in support of my defence in the claim.

2) The claim is for a Credit Agreement regulated under the Consumer Credit Act 1974, however I do not recall signing any Credit Agreement and do not hold a copy of the agreement or terms of that Agreement.

3) The original account was opened with a catalogue company called 'Simply Yours' which was owned by J D Williams Limited. I purchased some products from the 'Simply Yours' catalogue in 2008 and 2009 however as far as I am concerned those products were paid for at the time of purchase or shortly afterwards. I do not recall applying for credit terms or signing any regulated credit agreement.

4) The last time I made any payment to Simply Yours was in/around July 2009. I believe that any alleged debt is time barred under section 5 of the Limitations Act 1980 and was so at the time the claimant brought this claim.

4) The Claimant's statement of case does not state how the sum claimed has been calculated or what the sum claimed is for.

5) In the absence of any information, on the 24/10/15 I made a written request to the claimants for a true copy of the Credit Agreement and applicable terms and conditions under s78(1) of the Consumer Credit Act 1974. I enclosed the statutory payment of £1. The letter was sent by Royal Mail Signed For and was delivered on xxxxxxxxxxxxxxxx (EXHIBIT A)

6) The Consumer Credit Act s78(1) states:
78(1)Duty to give information to debtor under running account credit agreement
a)the creditor under a regulated agreement for running account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing , according to the information to which it is practicable for him to refer
a) The state of the account, and the amount, if any currently payable under the agreement by the debtor to the creditor and,
b)The amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

7)The claimant has failed to comply with my request made under s78(1) of the Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

The Consumer Credit Act s78(6) states :
a)if the creditor under an agreement fails to comply with subsection(1)
b)he is not entitled, while the default continues, to enforce the agreement.

8) On 24/10/15 in order to obtain more information about the claim, I made a written request to the claimants solicitors requesting that the claimant provides copies of all documents mentioned in the statement of case pursuant to CPR 31.14 The letter was sent by Royal Mail Signed For and was delivered on xxxxxxxxxxxxxxxx (EXHIBIT B)

9) The Claimant's solicitors have not send me any documents or evidence of their claim.

10) I do not recall receiving nor hold a copy of any notice of assignment from Simply Yours to the Claimant or any other party. I also do not have any copy of a default notice from Simply Yours. As stated in paragraph 3 any goods purchased were paid for at the time or shortly afterwards.

9) On 24/10/15 my acknowledgment of service was sent to County Court Business Centre Northampton. EXHIBIT C

10) On 26/10/15 I received a reply from the Claimants Solciitors stating they would obtain documents from their client and send them to me. I have still not received any documents.

11) My defence was sent on 25/11/15 to the County Court Business Centre Northampton. EXHIBIT E and F

12) I contacted the mediation team on 27/01/16 at 2.20pm to be told they wouldn't be able to help due to lack of paperwork.

13) The claimant has mentioned the Credit Agreement in its statement of case as it intends to rely on it in bringing this case but has failed to provide any copy, or any other evidence of the debt claimed.

14) The claimant has not complied with my formal request for the Credit Agreement under s78(1) and therefore is unable to enforce any debt under the agreement.

15) I deny that the claimant is entitled to the sums claimed.


Statement of truth:

I Flicky1314, the defendant believe the facts stated within this witness statement to be true.

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

thanks amethyst , unfortunately the docs aren't on my pc I,m not very good when it comes to things like that, they were just hand written. I don't know why I didn't keep a copy I normally do...... the particulars of claim are

1 The defendant entered into a credit agreement described by the original creditor as Simply Yours Mail Order and having account number **********
2 The claimant, a uk limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.
3 The defendant is indebted to the claimant in respect of the amount in the sum of 497.65
4 The claimant claims the said sum of 497.65 plus costs.............

that's it , the statue barred date 22 jan is the default date on my credit file,
ive had a few letters ill put them in date order for you

27/12/14 A we haven't heard from you letter (cabot)
24/02/15 Another we haven't heard from you (cabot)
01/04/15 How can we help letter (cabot)
17/04/15 Notice of arrears letter (cabot)
17/04/15 Statement of account bi-annual statement (cabot)
27/05/15 Havent heard from you letter (cabot)
18/06/15 Important notice currently their intention of getting court proceedings (cabot)
14/07/15 we act on behalf of cabot (weightmans)
14/09/15 We haven't heard from you (weightmans)
15/10/15 Court claim
26/10/15 Letter from weightmans saying they have requested agreement, notice of assignment,it may take some time but when they do they will forward on to me. (still waiting )
2/12/15 Acknowledgement of my defence. (weightmans)
16/12/15 Without prejudice settlement offers (weightmans)
26/02/16 another without prejudice letter offering settlement, (weightmans)

sorry its abit lengthy that's all I have does that help amethyst xx

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Ok don't worry about the letters then. The posting receipts will be okay.

On the default date, do you have any idea when you last made a payment before then ? Some accounts can go without being defaulted for a fair few months after you last make a payment. And without a credit agreement or terms, it is likely to be the date of last payment for statute barring start date than the default date. I think we'll plead statute barred and then the onus of proof is on them if they don't think it is.

Thanks for the list of letters, that is helpful. I'll add a couple more bits in the WS.

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

I have a feeling last payment would have been june/july 2009 but I remember sending a few cca requests out in 2009 one was for fashion world I think but ive had to send another one last month they have me down as paying £1 on my account in may 2009 so they used my postal order, so I think this one will b around the same. I deffo did not make a payment in jan 2010. xx

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Brilliant. We'll say that then. We can get away with a bit of naughtiness as we didn't plead statute barring in your defence .... just as we're litigants in person ( unlike the HMRC )

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Amended my previous post ( http://legalbeagles.info/forums/show...981#post628981 ) with some bits in the WS. Paragraph 3 needs thinking about a bit more, the claim doesn't say when the account was opened, do you think you bought stuff in 2008 or just in 2009 then paid to it up to July ?

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

am turning in flicky as I'm pooped, will check back in tomorrow though as you really want to be posting this Saturday to arrive Monday I think. Really try not to worry xxx Night night xxxxx

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

Thank you so much for this amethyst. I bought things in 2007 maybe 2008 but deffo not 2009 hope this helps. Sorry I fell asleep xxxx

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

lol, it's okay you're allowed to sleep...sometimes.

We're okay time wise so don't be panicing about this. I'll get it into a formatted word doc later for you to send off - I think you'll feel better once its out of your hair won't you?

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

Yeah I will. I'm just worried that I can't attend. Do I think it will be a problem. And how do I become a vip would like to do something to pay back for all the help I've received. It's beyond words they help u all give and I'm so great full xxxx

- - - Updated - - -

Also if I remember right the account was open April 2007 if that helps. Xx