Court Action, Cabot/Restons

[charitynjw]

Re: Court Action, Cabot/Restons

Hi foggy

From memory, but perhaps you can confirm, correspondence from Cabot Financial prior to the court claim states that payments should be made to Cabot (Merlin)?

[foggy]

Re: Court Action, Cabot/Restons

Thanks for your message,

All correspondence before the court action was from and to CF (merlin). The only correspondence from CF (UK) was them replying to my credit agreement request to Merlin. Does this make a difference ?

Foggy

[charitynjw]

Re: Court Action, Cabot/Restons

I think you're covered, foggy.
If CF(UK) responded (3rd Aug), saying that they were not in possession of the agreement, etc, & mention the 12-day limit, it stands to reason that they did, in fact, receive the CCA request. (You do have a copy of this?}
You could tweak the defence to state that all correspondence prior to the claim was to CF(Merlin), so you continued to do so with the CCA request; however, CF(UK) responded.

Btw, if this is for a credit card, s78 is applicable where you've put [section 77 or 78]
Likewise s78(1) & s78(6)

[foggy]

Re: Court Action, Cabot/Restons

Thank you for your feed back, It is much appreciated. I have made the amendments to the defence as advised and it now reads as follow: ( I have to lodge this by Friday on the court web site, does it look ok to lodge...) Many thanks, Foggy
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 s78 ofthe Consumer Credit Act 1974 along with the statutory £1 fee as allcorrespondance prior to the claim had been with Cabot Financial (Marlin) Ltd.

I received a reply from Cabot Financial (UK) Ltd on 3^rd August 2016to the above request stating they did not have the information on file and weretherefore unable to produce them within the 12 day time limit and therefore hasfailed to comply with s78 (1) / s78 (6) Consumer Credit Act 1974 and by virtueof s77 (4) / s78 (6) Consumer Credit 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 .................................................. ....

[charitynjw]

Re: Court Action, Cabot/Restons

Thank you for your feed back, It is much appreciated. I have made the amendments to the defence as advised and it now reads as follow: ( I have to lodge this by Friday on the court web site, does it look ok to lodge...) Many thanks, Foggy

1. I received the claim ******** from the Northampton County Court Business Centre on 20 July 2016.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974
4. The Claimants statement of case states that the account was assigned from Associates Capital Corp Plc to Cabot Financial (UK) Ltd on 20 December 2000. The Defendant does not recall receiving notice of this assignment.
5. It is denied that Associates Capital Corp PLC 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.
6. The defendant claims that this alleged debt is statute barred under the Limitation Act 1980 Section 5.
7. The Claimant alleges that they received a payment of £20 towards this debt on 6^th December 2011. The Defendant has no recollection of making this payment to the Claimant and has never written to the Claimant admitting liability for this debt. The Claimant has failed to provide documentation relating to this alleged payment.
8. On the 23^rd July 2016 the Defendant sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to Restons Solicitors.
9. Restons Solicitors replied on 2^nd August stating they would not be sending any of these documents to the Defendant.
10. On the 2^nd July 2016 the Defendant sent a formal request for a copy of the original agreement to Cabot Financial (Marlin) Ltd pursuant to section s78 of the Consumer Credit Act 1974 along with the statutory £1 fee as all correspondence prior to the claim had been with Cabot Financial (Marlin) Ltd.
11. The Defendant received a reply from Cabot Financial (UK) Ltd on 3^rd August 2016 to the above request stating they did not have the information on file and were therefore unable to produce them within the 12 day time limit and therefore 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.
12. 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 admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
13. The Defendant requests that the court orders the Claimants to provide the necessary documentation in order for the defendant to fully plead my case else the Claim should stand struck out.
14. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendment.
15. 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 .................................................. ......

I've tweaked it a bit. (Just the format, not the facts.....please read carefully & amend any mistakes)
It should be double spaced, but I can't seem to make it do so.
Maybe [MENTION=49370]Kati[/MENTION] can assist?

[foggy]

Re: Court Action, Cabot/Restons

Thank you so much, it reads perfect to me. I have cut and pasted it to a word document and adjusted the spacing accordingly. Hopefully I should be able to cut and paste it on to the court web site section for filing a defence.

Your help has been greatly appreciated. I will keep this forum updated with future developments.
Regards
Foggy

[foggy]

Re: Court Action, Cabot/Restons

I have just had this letter from Restons. For how long can they put this matter on hold ? Surely the court cannot let the threat of legal action stay pending indefinitely. Any help/opinion would be greatly appreciated as always.

Regards
Foggy

[nemesis45]

Re: Court Action, Cabot/Restons

I have just had this letter from Restons. For how long can they put this matter on hold ? Surely the court cannot let the threat of legal action stay pending indefinitely. Any help/opinion would be greatly appreciated as always.

Regards
Foggy

Hello Foggy.

Restons " ON HOLD" means absolutely nothing in terms of the court process, this is not an agreed extension of time to file documents.

You must complete and file on time any documents issued by the court otherwise you leave yourself open to judgement by default.

If the claimant fails to respond to your defence within 28 days of receiving it from the court , the court will stay (suspend) the claim you are not told when this happens so you would have to contact the court to check the status of the claim if you hear nothing from the claimant or the court.

nem

[foggy]

Re: Court Action, Cabot/Restons

Thanks for your reply nem, my defence was filed on 15 Aug via the gateway site so I will contact the court on 13 Sept if I have not heard from them as this will be the 29th day after filing my defence.

Foggy

[foggy]

Re: Court Action, Cabot/Restons

I have just received a letter from Cabot advising that unless I start making payment to them via Restons they will start adding interest to the alleged debt, no mention of the court proceedings they had started. I phoned the court in Nottingham and was told that the court claim had been suspended on 19th September due to Restons not responding to them. I presume that Cabot cannot provide any of the documentation that I have requested. I asked if I could have the claim struck out and have been advised I could apply (for which they have emailed me a form to fill in) and it would cost £100 without a hearing or £255 with a hearing.
I am prepared to pay the £100 but would it be a waste of money, my only thinking is, are Cabot/Restons able to just lodge another claim.

Hope you can advise on this, your advise previously has been magnificent.
Many thanks
Foggy

[nemesis45]

Re: Court Action, Cabot/Restons

I have just received a letter from Cabot advising that unless I start making payment to them via Restons they will start adding interest to the alleged debt, no mention of the court proceedings they had started. I phoned the court in Nottingham and was told that the court claim had been suspended on 19th September due to Restons not responding to them. I presume that Cabot cannot provide any of the documentation that I have requested. I asked if I could have the claim struck out and have been advised I could apply (for which they have emailed me a form to fill in) and it would cost £100 without a hearing or £255 with a hearing.
I am prepared to pay the £100 but would it be a waste of money, my only thinking is, are Cabot/Restons able to just lodge another claim.

Hope you can advise on this, your advise previously has been magnificent.
Many thanks
Foggy

Hello Foggy,

They've got nothing to back up the claim but unfortunately that doesn't make the debt go away,

I would leave sleeping Cabot's wondering what you might do, ignore the letter for now.

nem

[foggy]

Re: Court Action, Cabot/Restons

Thanks for your reply nem

With regard to the court is it worth while for me to send the forms back to the court and apply for the case to be struck out. The lady who I spoke to at the court said that if Cabot/Restons wanted to reactivate the claim they would have to go before a judge to apply for the claim to be unstayed.

Regards
Foggy

[nemesis45]

Re: Court Action, Cabot/Restons

Thanks for your reply nem

With regard to the court is it worth while for me to send the forms back to the court and apply for the case to be struck out. The lady who I spoke to at the court said that if Cabot/Restons wanted to reactivate the claim they would have to go before a judge to apply for the claim to be unstayed.

Regards
Foggy

Hello Foggy,

Personally I would leave it for a while Cabot could apply as you have been advised or apply for " relief " from sanctions.

nem

[foggy]

Re: Court Action, Cabot/Restons

Dear Nem and others who have help with your advise,

I have received a letter today from Cabot who have advised that they are unable to obtain/provide the documentary evidence from Associates Capital regarding their claim against me and that they will no longer be pursuing me for this alleged debt and they have recalled the account from Restons solicitor.
Thank you very much for your expert advise without which I would have been shafted by a bunch of crooks. Wishing all the very best.

Foggy

[nemesis45]

Re: Court Action, Cabot/Restons

[QUOTE=foggy;684780]Dear Nem and others who have help with your advise,

I have received a letter today from Cabot who have advised that they are unable to obtain/provide the documentary evidence from Associates Capital regarding their claim against me and that they will no longer be pursuing me for this alleged debt and they have recalled the account from Restons solicitor.
Thank you very much for your expert advise without which I would have been shafted by a bunch of crooks. Wishing all the very best.

Is this showing on your credit files Carboot are also known to add their lost court costs to a debt that's still on CRA files crafty sods.



Hello Foggy,

That's good news !!

Make sure you get notice of discontinuation and keep it safe incase Carboot sells the debt on ( it's known to happen).