Court Action, Cabot/Restons

[foggy]

Received a claim?
Issue Date: 20 July 2016
Amount approx: £6422.07
Claimant: Cabot Financial (UK)Ltd
Solicitor: Restons
Original Creditor: Associates Capital Corp
Particulars of Claim: Please type out in full excluding names/account numbers: The Claimant claims payment of the overdue balance from the Defendant(s) under a Associates Capital Corp Plc branded credit facility issued pursuant to a contract agreed by the Defendant(s) on or about Apr 17 1996 and assigned to the Claimant on Dec 20 2000 PARTICULARS a/c no 4511************ DATE 20/7/2016 ITEM Default Balance VALUE 6422.07 Post Refrl NIL Total 6422.07
Is the debt Statute Barred? Yes ( I believe so although Restons say not)
List any letters you have sent: 23 June by recorded to Cabot and Restons stating I do not acknowledge any debt to them or any company they claim to be representing.

2 July to Restons requesting copy of credit agreement. They replied refusing to do so.

23 July to Restons by recorded delivery requesting 'Contract' and to Cabot requesting Credit agreement for which I sent £1.00. Cabot have Not replied and Restons again refused request.

I can attach copies of all correspondence if require.

Any Other Info: I acknowledged the receipt of the court papers on the court web site (Northampton). I need to file a defence asap. Please help.. Do you know if I can I get the hearing moved to a local court so I can attend. I have never written any acknowledgement of this debt to either Cabot or Restons. Restons say their client had a payment of £20.00 towards this debt on 6 Dec 2011 but I have no record of doing so and I have checked my credit report and it is clean showing no debts, in fact it shows a 4 out of 5 credit rating.

[R0b]

Re: Court Action, Cabot/Restons

Hello,

If you could post up copies of the correspondence with personal info removed so to help us. If they have failed to provide the credit agreement after 12 working days the claim is unenforceable until one is provided. Given the time the contract was entered into it may be difficult.

I also see it was assigned in December 2000, and has taken almost 16 years to bring a claim?!

Have you asked Restons information on the £20 payment i.e. the date, how it was paid, the bank account it was paid into and the bank account it came from? You could then trace this back with bank statements if possible.

If they are wrong about this and it is incorrect, you could potentially counterclaim as well as defence for malicious prosecution.

I've tagged [MENTION=55034]nemesis45[/MENTION] to help out too.

[foggy]

Re: Court Action, Cabot/Restons

Sorry taken a bit of time to get back, trying to do this while working at same time.
Here are cut and pasted copies of the letters sent so far in date order:
Cabot Financial (Marlin)Ltd
By Recorded Delivery

Date 23^rd June 2016

Dear Sir/Madam
Acc/Ref No ********
Associates Capital Corp Plc

You have contacted me regarding the account with the above reference number,which you claim is owed by myself. I do not acknowledge any debt to you or anyother company or organisation that you claim to be representing

I would point out that under the Limitation Act 1980 Section 5 “anaction founded on simple contract shall not be brought after the expiration ofsix years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no furtherwritten acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself or written acknowledgementof the debt from me in the relevant period under Section 5 of the LimitationAct, I suggest that you are no longer able to take any court action against usto recover the alleged amount claimed, and should you try to proceed with courtaction I must inform you that I shall vigorously defend this action in courtciting Section 5 as part of my defence.

You are also reminded of the FCA Consumer Credit Source book (CONC) ruleswhich you are legally obliged to adhere to, and further I am fully aware thatcompliance with the rules is a condition of your FCA Licence.

Rule 7.15.4 "...a firm must not attempt to recover a statute barreddebt in England, Wales or Northern Ireland if the lender or owner has not beenin contact with the customer during the limitation period."

Rule 7.15.7 "It is misleading for a firm to suggest or state that acustomer may be the subject of court action for the sum of the statute barreddebt when the firm knows, or reasonably ought to know, that the relevantlimitation period has expired."

Rule 7.15.8 "A firm must not continue to demand payment from acustomer after the customer has stated that he will not be paying the debtbecause it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules Iwill uses this as a defence, and further I will draw this breach to theattention of the FCA Compliance Team

I await your written confirmation that no further contact will be madeconcerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

cc: Restons Solicitors, Trinity Chambers, 800Mandarin Court, Centre Park, Warrington. WA1 1GG
RestonsSolicitors

By Recorded Delivery

Date 23^rd June 2016

Dear Sir/Madam

Acc/Ref No ******* / ****************
AssociateCapital Corp Plc – Credit Card

You have contacted me regarding the account with the above reference number,which you claim is owed by me. I do not acknowledge any debt to you or anyother company or organisation that you claim to be representing

I would point out that under the Limitation Act 1980 Section 5 “an actionfounded on simple contract shall not be brought after the expiration of sixyears from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no furtherwritten acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself or written acknowledgementof the debt from me in the relevant period under Section 5 of the LimitationAct, I suggest that you are no longer able to take any court action against usto recover the alleged amount claimed, and should you try to proceed with courtaction I must inform you that I shall vigorously defend this action in courtciting Section 5 as part of my defence.

You are also reminded of the FCA Consumer Credit Source book (CONC) ruleswhich your clients, Cabot Financial, are legally obliged to adhere to, andfurther I am fully aware that compliance with the rules is a condition of yourclients FCA Licence.

Rule7.15.4 "...afirm must not attempt to recover a statute barred debt in England, Wales orNorthern Ireland if the lender or owner has not been in contact with thecustomer during the limitation period."

Rule7.15.7 "Itis misleading for a firm to suggest or state that a customer may be the subjectof court action for the sum of the statute barred debt when the firm knows, orreasonably ought to know, that the relevant limitation period hasexpired."

Rule 7.15.8 "A firm must not continue to demand payment from acustomer after the customer has stated that he will not be paying the debtbecause it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules Iwill uses this as a defence, and further I will draw this breach to theattention of the FCA Compliance Team

I await your written confirmation that no further contact will be madeconcerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

cc CabotFinancial (Marlin)Ltd, Marlin House, 16-22 Grafton Road, Worthing, West Sussex.BN11 1QP


2nd July 2016
Restons Solicitors
Dear Sir
Acc/Ref No: *******/****************
Associate Capital Corp Plc – Credit Card
Further to your letter dated, 29th June 2016 I have encloseda signed copy of the letter I sent to yourselves on 23rd June 2016 asrequested.
With reference to the above agreement, I would be gratefulif you would send me a copy of this credit agreement and a full breakdown ofthe account including any interest or charges applied.
I understand that under the Consumer Credit Act 1974[sections 77-79], I am entitled to receive a copy of any credit agreement and astatement of account on request.
I enclose a payment of £1 which represents the fee payableunder the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with astatement of account should be supplied within 12 working days.
I understand that under the Consumer Credit Act 1974creditors are unable to enforce an agreement if they fail to comply with therequest for a copy of the agreement and statement of account under thesesections of the Act.
To date, your client, Cabot Financial, has failed to providethis information.
I look forward to hearing from you.
Yours faithfully

RestonsSolicitors
Date 7^th July 2016
Acc/RefNo. *******/****************
AssociateCapital Corp Plc – Credit Card

Dear Sir

Furtherto my letters dated 23^rd June and 2^nd July and inresponse to your letter dated 5^th July, I note that you state thatneither you nor your client, Cabot Financial, are obliged to provide me withthe information that I have requested even thought the Consumer Credit Actstates otherwise.
I havenever made any written acknowledgement or knowingly made any payment in 2011 toyour client for an alleged debt dating back to 1997.
You statethat your client ‘lawfully acquired’ this debt on 20^th December 2000which means that by 2011 CCA Rules 7.15.4 & 7.15.7 applied:- “a firm must not attempt to recover astatute barred debt in England, Wales or Northern Ireland if the lender orowner has not been in contact with the customer during the limitation period”& “It is misleading for a firm to suggest or state that a customer may bethe subject of court action for the sum of the statute barred debt when thefirm knows, or reasonably ought to know, that the relevant limitation periodhas expired”. Therefore your client should not have been pursuing anybody inrelation to this matter.
As I haveno financial obligation to your company I will not be furnishing you with anypersonal financial details or liabilities.
Shouldyou continue this harassment and pursue this matter with legal proceedings, Iwill defend any action you take.

Yours faithfully


23^rdJuly 2016
Cabot financial (Marlin) Ltd By RecordedDelivery

Dear Sir/MadamRe: Acc/Ref No.********

Associates Capital Corp Plc

Further to my letter toyourselves dated, 23^rd June 2016 to which you failed to respond withreference to the above, I would be grateful if you would send me a copy of thecredit agreement which I have asked for previously.

I understand that under theConsumer Credit Act 1974 (Sections 77-79) I am entitiled to receive a legiblecopy of my credit agreement on request. I enclose a payment of £1.00 whichrepresents the fee payable under the Consumer Credit Act.

I understand a copy of thecredit agreement should be supplied within 12 working days.

I look forward to hearing fromyou

Yours faithfully

cc: Restons Solicitors, Trinity Chambers, 800Mandarin Court, Centre Park, Warrington, WA1 1GG


23rd July 2016

Restons Solicitors

By Recorded Delivery

Dear Sir

Acc/Ref No. *******/****************

Associates Capital Corp Plc – CreditCard

Request fordocuments mentioned in a statement of case under CPR 31.14


On 22^nd July 2016 I received aCount Court claim form from yourselves of which I have acknowledged receiptindicating my intention to defend in full.

To enable me to file my defence, I requireinspection of documents you mention in your statement of case ahead of filingmy defence.

1. Contract

In accordance with CPR 31.15© I understandto be responsible for your reasonable coping costs incurred in complying withthis CPR 31.15 request.

You should note that this claim has not yetbeen allocated to a specific track and the provisions of CPR 27(2) are of noeffect. Had your claim not been issued through CCBC the Claimant would havebeen obliged to attach copies of the documentation upon which it relies to theParticulars of Claim. I, as Defendant, am entitled to see the documents onwhich the Claimant relies and which you will have too produce at trial.Disclosure at this stage will enable me to fully plead my case and further theOverriding Objective.

You should ensure compliance with your CPR31 duties and ensure that the document I have requested are copied and receivedby me within 7 days of receiving this letter.

If you require more time in which to complywith this request you must tell me in writing and confirm your agreement to anextension of the time allowed for me to file my defence as allowed under CPR15.5 so I may notify the court.

For your information and records I enclosea copy of the formal request for a copy of the credit agreement relating tothis claim, pursuant to the Consumer Credit Act 1974, which has been posted toyour client with the statutory fee of £1.00 today, 23^rd July 2016.

I look forward to hearing from you

Yours faithfully


From these letter that I have sent, Cabot have not replied and they kept my £1.00 Restons have replied basically saying that they are under no obligation to provide me with any information. If you want copies of their responses please advise.


It has been 2 weeks now since I acknowledged the court papers and I really need help with the wording for a defence.


Many thanks if you are able to help.

[nemesis45]

Re: Court Action, Cabot/Restons

Sorry taken a bit of time to get back, trying to do this while working at same time.
Here are cut and pasted copies of the letters sent so far in date order:
Cabot Financial (Marlin)Ltd
By Recorded Delivery

Date 23^rd June 2016

Dear Sir/Madam
Acc/Ref No ********
Associates Capital Corp Plc

You have contacted me regarding the account with the above reference number,which you claim is owed by myself. I do not acknowledge any debt to you or anyother company or organisation that you claim to be representing

I would point out that under the Limitation Act 1980 Section 5 “anaction founded on simple contract shall not be brought after the expiration ofsix years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no furtherwritten acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself or written acknowledgementof the debt from me in the relevant period under Section 5 of the LimitationAct, I suggest that you are no longer able to take any court action against usto recover the alleged amount claimed, and should you try to proceed with courtaction I must inform you that I shall vigorously defend this action in courtciting Section 5 as part of my defence.

You are also reminded of the FCA Consumer Credit Source book (CONC) ruleswhich you are legally obliged to adhere to, and further I am fully aware thatcompliance with the rules is a condition of your FCA Licence.

Rule 7.15.4 "...a firm must not attempt to recover a statute barreddebt in England, Wales or Northern Ireland if the lender or owner has not beenin contact with the customer during the limitation period."

Rule 7.15.7 "It is misleading for a firm to suggest or state that acustomer may be the subject of court action for the sum of the statute barreddebt when the firm knows, or reasonably ought to know, that the relevantlimitation period has expired."

Rule 7.15.8 "A firm must not continue to demand payment from acustomer after the customer has stated that he will not be paying the debtbecause it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules Iwill uses this as a defence, and further I will draw this breach to theattention of the FCA Compliance Team

I await your written confirmation that no further contact will be madeconcerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

cc: Restons Solicitors, Trinity Chambers, 800Mandarin Court, Centre Park, Warrington. WA1 1GG
RestonsSolicitors

By Recorded Delivery

Date 23^rd June 2016

Dear Sir/Madam

Acc/Ref No ******* / ****************
AssociateCapital Corp Plc – Credit Card

You have contacted me regarding the account with the above reference number,which you claim is owed by me. I do not acknowledge any debt to you or anyother company or organisation that you claim to be representing

I would point out that under the Limitation Act 1980 Section 5 “an actionfounded on simple contract shall not be brought after the expiration of sixyears from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no furtherwritten acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself or written acknowledgementof the debt from me in the relevant period under Section 5 of the LimitationAct, I suggest that you are no longer able to take any court action against usto recover the alleged amount claimed, and should you try to proceed with courtaction I must inform you that I shall vigorously defend this action in courtciting Section 5 as part of my defence.

You are also reminded of the FCA Consumer Credit Source book (CONC) ruleswhich your clients, Cabot Financial, are legally obliged to adhere to, andfurther I am fully aware that compliance with the rules is a condition of yourclients FCA Licence.

Rule7.15.4 "...afirm must not attempt to recover a statute barred debt in England, Wales orNorthern Ireland if the lender or owner has not been in contact with thecustomer during the limitation period."

Rule7.15.7 "Itis misleading for a firm to suggest or state that a customer may be the subjectof court action for the sum of the statute barred debt when the firm knows, orreasonably ought to know, that the relevant limitation period hasexpired."

Rule 7.15.8 "A firm must not continue to demand payment from acustomer after the customer has stated that he will not be paying the debtbecause it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules Iwill uses this as a defence, and further I will draw this breach to theattention of the FCA Compliance Team

I await your written confirmation that no further contact will be madeconcerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

cc CabotFinancial (Marlin)Ltd, Marlin House, 16-22 Grafton Road, Worthing, West Sussex.BN11 1QP


2nd July 2016
Restons Solicitors
Dear Sir
Acc/Ref No: *******/****************
Associate Capital Corp Plc – Credit Card
Further to your letter dated, 29th June 2016 I have encloseda signed copy of the letter I sent to yourselves on 23rd June 2016 asrequested.
With reference to the above agreement, I would be gratefulif you would send me a copy of this credit agreement and a full breakdown ofthe account including any interest or charges applied.
I understand that under the Consumer Credit Act 1974[sections 77-79], I am entitled to receive a copy of any credit agreement and astatement of account on request.
I enclose a payment of £1 which represents the fee payableunder the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with astatement of account should be supplied within 12 working days.
I understand that under the Consumer Credit Act 1974creditors are unable to enforce an agreement if they fail to comply with therequest for a copy of the agreement and statement of account under thesesections of the Act.
To date, your client, Cabot Financial, has failed to providethis information.
I look forward to hearing from you.
Yours faithfully

RestonsSolicitors
Date 7^th July 2016
Acc/RefNo. *******/****************
AssociateCapital Corp Plc – Credit Card

Dear Sir

Furtherto my letters dated 23^rd June and 2^nd July and inresponse to your letter dated 5^th July, I note that you state thatneither you nor your client, Cabot Financial, are obliged to provide me withthe information that I have requested even thought the Consumer Credit Actstates otherwise.
I havenever made any written acknowledgement or knowingly made any payment in 2011 toyour client for an alleged debt dating back to 1997.
You statethat your client ‘lawfully acquired’ this debt on 20^th December 2000which means that by 2011 CCA Rules 7.15.4 & 7.15.7 applied:- “a firm must not attempt to recover astatute barred debt in England, Wales or Northern Ireland if the lender orowner has not been in contact with the customer during the limitation period”& “It is misleading for a firm to suggest or state that a customer may bethe subject of court action for the sum of the statute barred debt when thefirm knows, or reasonably ought to know, that the relevant limitation periodhas expired”. Therefore your client should not have been pursuing anybody inrelation to this matter.
As I haveno financial obligation to your company I will not be furnishing you with anypersonal financial details or liabilities.
Shouldyou continue this harassment and pursue this matter with legal proceedings, Iwill defend any action you take.

Yours faithfully


23^rdJuly 2016
Cabot financial (Marlin) Ltd By RecordedDelivery

Dear Sir/MadamRe: Acc/Ref No.********

Associates Capital Corp Plc

Further to my letter toyourselves dated, 23^rd June 2016 to which you failed to respond withreference to the above, I would be grateful if you would send me a copy of thecredit agreement which I have asked for previously.

I understand that under theConsumer Credit Act 1974 (Sections 77-79) I am entitiled to receive a legiblecopy of my credit agreement on request. I enclose a payment of £1.00 whichrepresents the fee payable under the Consumer Credit Act.

I understand a copy of thecredit agreement should be supplied within 12 working days.

I look forward to hearing fromyou

Yours faithfully

cc: Restons Solicitors, Trinity Chambers, 800Mandarin Court, Centre Park, Warrington, WA1 1GG


23rd July 2016

Restons Solicitors

By Recorded Delivery

Dear Sir

Acc/Ref No. *******/****************

Associates Capital Corp Plc – CreditCard

Request fordocuments mentioned in a statement of case under CPR 31.14


On 22^nd July 2016 I received aCount Court claim form from yourselves of which I have acknowledged receiptindicating my intention to defend in full.

To enable me to file my defence, I requireinspection of documents you mention in your statement of case ahead of filingmy defence.

1. Contract

In accordance with CPR 31.15© I understandto be responsible for your reasonable coping costs incurred in complying withthis CPR 31.15 request.

You should note that this claim has not yetbeen allocated to a specific track and the provisions of CPR 27(2) are of noeffect. Had your claim not been issued through CCBC the Claimant would havebeen obliged to attach copies of the documentation upon which it relies to theParticulars of Claim. I, as Defendant, am entitled to see the documents onwhich the Claimant relies and which you will have too produce at trial.Disclosure at this stage will enable me to fully plead my case and further theOverriding Objective.

You should ensure compliance with your CPR31 duties and ensure that the document I have requested are copied and receivedby me within 7 days of receiving this letter.

If you require more time in which to complywith this request you must tell me in writing and confirm your agreement to anextension of the time allowed for me to file my defence as allowed under CPR15.5 so I may notify the court.

For your information and records I enclosea copy of the formal request for a copy of the credit agreement relating tothis claim, pursuant to the Consumer Credit Act 1974, which has been posted toyour client with the statutory fee of £1.00 today, 23^rd July 2016.

I look forward to hearing from you

Yours faithfully


From these letter that I have sent, Cabot have not replied and they kept my £1.00 Restons have replied basically saying that they are under no obligation to provide me with any information. If you want copies of their responses please advise.


It has been 2 weeks now since I acknowledged the court papers and I really need help with the wording for a defence.


Many thanks if you are able to help.

Hello Foggy,

Has Reston made any form of reply?

I ask because in similar situations they have just abandoned stat barred claim without ever responding.

To start you off take a look at the template defence in the green box at the top of the main forum page, make a draft and post here we can then pick up and tweak it for you.

nem

[foggy]

Re: Court Action, Cabot/Restons

Restons have replied as follows:

5 July, in response to my request on 2 July for a copy of the credit agreement they replied, 'We or client our under no obligation to provide you with the supporting information that you have requested.
In any event your liability is contractual and arose under a Credit Card facility with Associates Capital Corp Plc on April 17 1996. Our client lawfully acquired the rights under this agreement on December 20 2000 and in turn instructed us to service this account on their behalf.
Our client has confirmed that the last credit received towards this account was for £20.00 on December 6 2011 which is within the last 6 years. With this in mind it is our clients position this debt is not statute barred.'

2 August, They wrote, amongst a load of legal waffle, 'You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you require an additional copy.
Furthermore, the other documents you have request are not ''mentioned'' in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to, namely; the date the account was opened, the account number, the outstanding balance, the name of the original creditor and the fact that the account has been assigned to the Claimant and when it was assigned.'

Also just received a reply today from Cabot in response to my request for a copy of the credit agreement. They have replied as follws:

We currently do not have this information on file. However, I have requested the relevant details, which include a copy of the credit agreement, statement of account and the original and varied terms and conditions from the original lender.

I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.'

I have less than 14 days now to file my defence. Do I have to give Cabot more time ?

Many thanks

[nemesis45]

Re: Court Action, Cabot/Restons

Restons have replied as follows:

5 July, in response to my request on 2 July for a copy of the credit agreement they replied, 'We or client our under no obligation to provide you with the supporting information that you have requested.
In any event your liability is contractual and arose under a Credit Card facility with Associates Capital Corp Plc on April 17 1996. Our client lawfully acquired the rights under this agreement on December 20 2000 and in turn instructed us to service this account on their behalf.
Our client has confirmed that the last credit received towards this account was for £20.00 on December 6 2011 which is within the last 6 years. With this in mind it is our clients position this debt is not statute barred.'

2 August, They wrote, amongst a load of legal waffle, 'You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you require an additional copy.
Furthermore, the other documents you have request are not ''mentioned'' in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to, namely; the date the account was opened, the account number, the outstanding balance, the name of the original creditor and the fact that the account has been assigned to the Claimant and when it was assigned.'

Also just received a reply today from Cabot in response to my request for a copy of the credit agreement. They have replied as follws:

We currently do not have this information on file. However, I have requested the relevant details, which include a copy of the credit agreement, statement of account and the original and varied terms and conditions from the original lender.

I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.'

I have less than 14 days now to file my defence. Do I have to give Cabot more time ?

Many thanks

Hello Foggy,

Proves on point Cabot & Restons do not communicate.

The alleged debt remains unenforceable Until the agreement is disclosed.

My feeling is they will struggle The Associates Cap Corp's paperwork was " unprofessional" to say the least and a '96 agreement is going to be a problem I think.

Do you recollect a £20 payment in 2011?

nem

[foggy]

Re: Court Action, Cabot/Restons

Hi Nem

Thanks for responding.
In all honesty I do not recollect making a payment in December 2011 to Cabot. I was going through a very difficult time during 2011

Foggy

[charitynjw]

Re: Court Action, Cabot/Restons

Hi Nem

Thanks for responding.
In all honesty I do not recollect making a payment in December 2011 to Cabot. I was going through a very difficult time during 2011

Foggy

It is for them to prove that this payment was made by you.
If it were me, I'd write to them, asking for the date and method of payment as I (you) have no record of same & want to check my records.
Get proof of postage & keep a copy for your reference.

[foggy]

Re: Court Action, Cabot/Restons

Please could you advise if this is an acceptable defence wording or do I need to add or subtract anything.

I received the claim ******** from the Northampton County Court Business Centre on20 July 2016

Each and every allegation in the Claimants statement of case is denied unlessspecifically admitted in this Defence.

This claim appears to be for a Credit Cardagreement regulated under the Consumer Credit Act 1974.s dmitted/denied] that the Defendant has[previously] entered into [an areement/agreements] The Claimants statement of case states thatthe account was assigned from Associates Capital Corp Plc to Cabot Financial(UK) Ltd on 20 December 2000. The Defendant does not recall receiving notice ofthis assignment.

It is denied that Associates Capital Corp PLC served any Default notice on theDefendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required toprove that a compliant Default Notice was served upon the Defendant.

On the 23^rd July 2016 I sent a request for inspection of documentsmentioned in the claimants statement of case under Civil Procedure Rule 31.14to Restons Solicitors. I requested the Claimant provide copies of the Contract/ Agreement, Default Notice and Notice of Assignment.

Restons Solicitors have not sent any of these documents to me.

On the 2^nd July 2016 I sent a formal request for a copy of theoriginal agreement to Cabot Financial (UK) Ltd pursuant to section [77 or 78]of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannotenforce the agreement.

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, adefendant shall be taken to require that any allegation relating to the amountof money claimed be proved unless he expressly admits the allegation. ThereforeIt is expected that the Claimant be required to prove the allegation that themoney is owed as claimed.

I request the court orders the Claimants to provide the necessary documentationin order for me to fully plead my case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimants I willthen be in a position to amend my defence, and would ask that the Claimantsbear the costs of the amendment.

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

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....

[Kati]

Re: Court Action, Cabot/Restons

advice please [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Court Action, Cabot/Restons

Please could you advise if this is an acceptable defence wording or do I need to add or subtract anything.

I received the claim ******** from the Northampton County Court Business Centre on20 July 2016

Each and every allegation in the Claimants statement of case is denied unlessspecifically admitted in this Defence.

This claim appears to be for a Credit Cardagreement regulated under the Consumer Credit Act 1974.s dmitted/denied] that the Defendant has[previously] entered into [an areement/agreements] The Claimants statement of case states thatthe account was assigned from Associates Capital Corp Plc to Cabot Financial(UK) Ltd on 20 December 2000. The Defendant does not recall receiving notice ofthis assignment.

It is denied that Associates Capital Corp PLC served any Default notice on theDefendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required toprove that a compliant Default Notice was served upon the Defendant.

On the 23^rd July 2016 I sent a request for inspection of documentsmentioned in the claimants statement of case under Civil Procedure Rule 31.14to Restons Solicitors. I requested the Claimant provide copies of the Contract/ Agreement, Default Notice and Notice of Assignment.

Restons Solicitors have not sent any of these documents to me.

On the 2^nd July 2016 I sent a formal request for a copy of theoriginal agreement to Cabot Financial (UK) Ltd pursuant to section [77 or 78]of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannotenforce the agreement.

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, adefendant shall be taken to require that any allegation relating to the amountof money claimed be proved unless he expressly admits the allegation. ThereforeIt is expected that the Claimant be required to prove the allegation that themoney is owed as claimed.

I request the court orders the Claimants to provide the necessary documentationin order for me to fully plead my case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimants I willthen be in a position to amend my defence, and would ask that the Claimantsbear the costs of the amendment.

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

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....

Hello Foggy,

What about the alleged one off payment to Carboot? That needs to be mentioned and you claim that the alleged debt is statute barred should be included.


nem

[nemesis45]

Re: Court Action, Cabot/Restons

Hello Foggy,

What about the disputed payment in 2011 it's not been proved has it??

nem

[foggy]

Re: Court Action, Cabot/Restons

Hi Nem

Thank you for the feed back, its much appreciated. I have added the items you have noted were missing and the Defence now looks as follows:
I received the claim ******** from the Northampton County Court Business Centre on20 July 2016

Each and every allegation in the Claimants statement of case is denied unlessspecifically admitted in this Defence.

This claim appears to be for a Credit Cardagreement regulated under the Consumer Credit Act 1974.s dmitted/denied] that the Defendant has[previously] entered into [an areement/agreements] The Claimants statement of case states thatthe account was assigned from Associates Capital Corp Plc to Cabot Financial(UK) Ltd on 20 December 2000. The Defendant does not recall receiving notice ofthis assignment.

It is denied that Associates Capital Corp PLC served any Default notice on theDefendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required toprove that a compliant Default Notice was served upon the Defendant.

The defendant claims that this alledgeddebt is statute barred under the Limitation Act 1980 Section 5:


The Claimant alledges that they received apayment of £20 towards this debt on 6^th December 2011. The Defendanthas no recollection of making this payment to the Claimant and has neverwritten to the Claimant admitting liability for this debt. The Claimant hasfailed to provide documentation relating to this alledged payment.

On the 23^rd July 2016 I sent arequest for inspection of documents mentioned in the claimants statement ofcase under Civil Procedure Rule 31.14 to Restons Solicitors

Restons Solicitors replied on 2^nd August stating they would not besending any of these documents to me.

On the 2^nd July 2016 I sent a formal request for a copy of theoriginal agreement to Cabot Financial (UK) Ltd pursuant to section [77 or 78]of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant replied on 3^rd August stating they did not have theinformation on file and were therefore unable to produce them within the 12 daytime limit and therefore has failed to comply with [s77 (1) / s 78 (1)]Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer CreditAct 1974 cannot enforce the agreement.

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, adefendant shall be taken to require that any allegation relating to the amountof money claimed be proved unless he expressly admits the allegation. ThereforeIt is expected that the Claimant be required to prove the allegation that themoney is owed as claimed.

I request the court orders the Claimants to provide the necessary documentationin order for me to fully plead my case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimants I willthen be in a position to amend my defence, and would ask that the Claimantsbear the costs of the amendment.

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

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....
Regards

Foggy

[charitynjw]

Re: Court Action, Cabot/Restons

Perhaps I'm being a bit dim here, but foggy sent his CCA request to Cabot Financial (Marlin), not CF(UK) as stated in the defence?

[foggy]

Re: Court Action, Cabot/Restons

Well spotted, my error, I wrote to CF (Marlin) Ltd as all correspondence had been with them. I got a reply from CF (UK) Ltd saying they did not have the document required on file. The defence now reads as follows:

I received the claim ******** from the Northampton County Court Business Centre on20 July 2016

Each and every allegation in the Claimants statement of case is denied unlessspecifically admitted in this Defence.

This claim appears to be for a Credit Cardagreement regulated under the Consumer Credit Act 1974.s dmitted/denied] that the Defendant has[previously] entered into [an areement/agreements] The Claimants statement of case states thatthe account was assigned from Associates Capital Corp Plc to Cabot Financial(UK) Ltd on 20 December 2000. The Defendant does not recall receiving notice ofthis assignment.

It is denied that Associates Capital Corp PLC served any Default notice on theDefendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required toprove that a compliant Default Notice was served upon the Defendant.

The defendant claims that this alledgeddebt is statute barred under the Limitation Act 1980 Section 5:


The Claimant alledges that they received apayment of £20 towards this debt on 6^th December 2011. The Defendanthas no recollection of making this payment to the Claimant and has neverwritten to the Claimant admitting liability for this debt. The Claimant hasfailed to provide documentation relating to this alledged payment.

On the 23^rd July 2016 I sent arequest for inspection of documents mentioned in the claimants statement ofcase under Civil Procedure Rule 31.14 to Restons Solicitors

Restons Solicitors replied on 2^nd August stating they would not besending any of these documents to me.

On the 2^nd July 2016 I sent a formal request for a copy of theoriginal agreement to Cabot Financial (Marlin) Ltd pursuant to section [77 or78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

Cabot Financial (UK) Ltd replied on 3^rd August stating they did nothave the information on file and were therefore unable to produce them withinthe 12 day time limit and therefore has failed to comply with [s77 (1) / s 78(1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] ConsumerCredit Act 1974 cannot enforce the agreement.

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, adefendant shall be taken to require that any allegation relating to the amountof money claimed be proved unless he expressly admits the allegation. ThereforeIt is expected that the Claimant be required to prove the allegation that themoney is owed as claimed.

I request the court orders the Claimants to provide the necessary documentationin order for me to fully plead my case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimants I willthen be in a position to amend my defence, and would ask that the Claimantsbear the costs of the amendment.

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

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....