My Brother and Cabot

[Amy]

My brother has helpfully passed this one on to me to deal with.

It's a Barclaycard and he evidently did attempt to reclaim the charges in 2006, but no formal claim was issued. A DPA non-compliance claim was issued, which they settled eventually in February 2008.

This is followed by a goodbye from Barclaycard and hello from Cabot.

Since the account was in dispute for the repayment of the charges, he sent a S.10 Notice which resulted in waffle and ultimately a court claim.

I have acknowledged the claim (a couple of days late) and now it's defence and counterclaim time. From what I can glean from the paperwork, if the charges are repaid it will only leave an outstanding amount of £750 ish.

For some reason when the account was with Westcot the outstanding amount was around £4k and now it's with Cabot it's only around £3k.

[WendyB]

Re: My Brother and Cabot

Do you have SAR info, statements etc, to show what the balance actually is? Are Cabot claiming the correct amount?

What does their POC say?

[Amy]

Re: My Brother and Cabot

POC says:

The Claimant is the Assignee of a Debt(s) from Barclaycard
Credit Card ref ******
Notice of Assignment having been given to the Defendant in writing. Despite demand for payment ****** remains due. The Claimant claims ***** and interest under s.69 County Courts Act 1984 and costs.

I'm still going through paperwork to find out if the amount is correct.

[Amy]

Re: My Brother and Cabot

The original amount alleged to be owed to Barclaycard is around £2.7k.

Interest is added throughout 2009 and the beginning of 2010. Cabot then mysteriously remove £20, stick to that amount for the duration of 2010 and then ultimately issue a claim for that same amount.

So in total, £400 odd in interest from Cabot has been charged.

[Curlyben]

Re: My Brother and Cabot

As ever you need the Noa from B'card to comply with s136 of LoP.
Interesting that they are trying the old Stat interest yet again as this is NOT allowed on a CCA based debt and cabot are well aware of that fact.

[Amy]

Re: My Brother and Cabot

Yes, there is a letter from Barclaycard saying they are assigning the debt to Cabot and all correspondence should be directed to them.

Do you mean the interest they have added, should not have been added at all?

[Curlyben]

Re: My Brother and Cabot

yep, County Court interest is NOT available to CCA related debts

As for the assignment, s196 states it must be from the OC via registered (recorded) mail to be compliant.
Cabot are well known for sending these notices themselves..

[Amy]

Re: My Brother and Cabot

It definitely wasn't posted recorded or registered, it just came in the normal post.

I've just looked again at the assignment letters and I think you may well be right. The 'hello' letter from Cabot has two lines of typed numbers in the left hand margin and on checking the 'goodbye' from Barclaycard - that letter has the same marks. There is also a reference in the right hand margin and in very small type at the end it says '1of 2' and the Barclaycard letter says '2 of 2.' They also have exactly the same date.

I assume they are allowed to add s.69 interest to the court claim though aren't they?

[charitynjw]

Re: My Brother and Cabot

So, the new broom (Anacap) is still pushing around the same old bullcrap.......

[pt2537]

Re: My Brother and Cabot

those pleadings are













and UTTER abuse

We have reviewed the particulars of the claim against our client and have reviewed your letter to our client dated

Our client’s position is that the particulars of claim lack the depth and detail to be considered adequate. It is noted that the Claim was issued through the County Court Bulk Centre, which has a character limit of 1024 characters. However the Bulk Centre rules clearly state that if the Claim cannot be particularised within this limit then it must be issued via the local court. Furthermore CPR 16 does not give a Claimant the right to avoid pleading his case adequately so that he can use the Bulk Centre to issue his claim.

Your Clients pleaded case is some 300 characters including spaces which leaves 700 characters at your clients disposal and which remain unutilised, this in itself shows the lack of care on your clients part. The Claim could have contained a far greater depth of information than what has been included unless it is the case that you do not know the facts of the case against our client. We would like to draw your attention to the case of Nomura International Plc v Granada Group Ltd & Ors 2 All ER (Comm) 878 where the Claimants claim was struck out for failing to plead adequately the nature of the claim or to set out adequately even in a rudimentary fashion the facts of the claim against the Defendant. We believe this case would be relevant to our clients’ application.


The pleaded claim is insufficient, there is no mention of a contract, nor is the mention of a breach of contract, what the breach was, what the degree of default was, whether or not a default notice was issued, whether or not the underlying contract was regulated by the Consumer Credit Act 1974 or whether the debt relates to an unregulated agreement. Also there is no details as to the assignment, date of assignment date of notice of assignments, all of which are extremely important to this matter and ought to be pleaded within your clients claim.

We note that your letter of the alludes to disclosure of documents occurring at the standard disclosure stage, however, we would point out that given the lack of detail within the pleaded case our client cannot plead a Defence. Furthermore, if our client were to file a Defence it would be nothing more than a bare denial of the Claim and would undoubtedly need amending once disclosure did occur. We consider placing our client in this position to be unreasonable and not in accordance with the overriding objective nor would it be in accordance with the requirements of CPR rule 16 given your client must know what it is its claim is based upon, and if based upon a written contract then it ought to be pleaded as such by mention of that document within the pleadings.

Therefore our instructions are to apply for an order compelling your client to replead its claim and to disclose documents mentioned within the amended pleadings within 14 days thereof. We shall exhibit your letter of the to support our client’s application. We shall also seek costs on the indemnity basis.

However, should you wish to avoid a contested application then we would be prepared to discuss terms on consent with costs in our clients favour.

If we do not hear from you by 4pm on the 21st April 2011 we will file our clients application without further notice.


Yours faithfully,

something along these lines brought a consent order out of them with the claim discontinued and debt discharged

[pt2537]

Re: My Brother and Cabot

id just like to add, that the letter i posted above was a template i used for clients, so it will need amending if anyone uses it, as references to clients or client will not be correct, instead it should refer to me or I