Cabot finance taking me to court

[Amethyst]

Re: Cabot finance taking me to court

Had you paid £8592 when you handed back the car?

[Jasonknox]

Re: Cabot finance taking me to court

Yes I have

[Amethyst]

Re: Cabot finance taking me to court

So that is what your statement needs to say. I would like to see their application as it's difficult to understand their thinking if they have applied to lift the stay on the grounds there was no right to VT the vehicle.

[Jasonknox]

Re: Cabot finance taking me to court

I email it across soon as wife sends it to me

[Amethyst]

Re: Cabot finance taking me to court

Thanks. Then we'll help you get a witness statement together you can send to the court and claimant, and take with you on the day to refer to during the hearing.

[Jasonknox]

Re: Cabot finance taking me to court

Just sent it now to admin

[Amethyst]

Re: Cabot finance taking me to court

Okay got the letter.




Did they send you a copy of their application too ?

[Jasonknox]

Re: Cabot finance taking me to court

Also there was no court order to repossess the car nothing on statement it was done voluntary throw me and bct once they car was handed back I revived nothing till Cabot finance bought the debt

[Amethyst]

Re: Cabot finance taking me to court

Did you have anything at all from BCT when you VT'd the car? confirmation that you had done so or anything?

[Jasonknox]

Re: Cabot finance taking me to court

Nothing

[Amethyst]

Re: Cabot finance taking me to court

Okay. The letter that gives you the court date, what does it say ?

[Jasonknox]

Re: Cabot finance taking me to court

Just sent it

[Amethyst]

Re: Cabot finance taking me to court

Very rough starting point to fill in the XXXXXXXXXX bits so we have a better picture - then we can add bits ....

IN THE xxxxxxx COUNTY COURT

B E T W E E N:-
CABOT FINANCIAL UK LTD

Claimant

AND
JASONKNOX

Defendant

____________________________________________

WITNESS STATEMENT
_____________________________________________
I, Mr Jason Knox of xxxxxx your address xxxxxxxxxxxxxxxx will state as follows;
1. I am a litigant in person and the defendant in these proceedings. I make this witness statement in support of my defence in this case and in opposition to the Claimant's application to strike out my Defence.
2. In XXX DATE 2007 I purchased a Peugeot 307 X-Line vehicle (“the Vehicle”) from xxxxxxxxxxxxx name and address of trader xxxxxxxxxxx.
3. The purchase was financed by British Credit Trust under a Hire Purchase Agreement regulated by the Consumer Credit Act 1974 ( EXHIBIT A)
4. The total cash price of the vehicle was £9,900.
5. The agreement was to pay £XXX per month over XXX months.
6. I made XX payments of £XXX per month ( EXHIBIT B (bank statements) )
7. In xxxxxxxxxx I started having difficulties making the payments and decided to exercise my right to voluntarilty terminate the agreement and hand the vehicle back.
8. On xxxxxxxxxxxxxx I contacted British Credit Trust to discuss Voluntary Termination.
8. I was given the right to Vonutarily Terminate by the agreement which states
“ TERMINATION: YOUR RIGHTS
You have a right to end this agrement. To do so you should write to the person xxxxxxxxxxxxxxxxxxx will then be entitled to the return of the goods and to half the total amount payable xxxxxxxxxxxxxx £8592.00. If you have already paid at least this amount plus any overdue installments xxxxxxxxxxxxxxxxxxxxxxx care of the goods you will not have to pay any more”
9. I had paid £8592 by the XXX DATE XXXX and I handed the car back to XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX on XXXX DATE XXXX
9. British Credit Trust collected the vehicle on XXXXXXXXXXXXXXXXXX
10. I have heard nothing further from British Credit Trust or any third party regarding the vehicle and voluntary termination since XXXXXX DATE XXXXXXXXXX
11. On xxxxxxxxxx I received a county court claim from CABOT FINANCIAL.
12. I acknowledged the claim on XXXXXXXXXXXX and submitted my defence in the case on XXXXXXXXXXXXX. ( EXHIBIT C)
13. I sent a ( CCA REQUEST ??? )
14: The Claim was stayed by the court following the claimants failure to respond to my defence.
15: Then list what happened ref court.
16: I received a letter from Restons Solicitors on 15 March 2016 which stated "xxxxxxxx"

I believe that the facts stated in this witness statement are true.

Signed ________________________
Dated ________________________

[Jasonknox]

Re: Cabot finance taking me to court

Thank you I hand that to the clerk on Friday before court so the judge has it

[Amethyst]

Re: Cabot finance taking me to court

If you can fill in the bits then we can finish it off and you can send it to claimant and court by post & email and take it with you on Friday, with the exhibits ( ie bank statements showing payments, any paperwork you have)