Please help / advise - N1CPC received. Need to avoid CCJ

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

The issue date was 9th January so I'm late with the defence? I did log onto the money claims website yesterday and it said the next step was for me to enter a defence.

So, to be clear, I need to:

- issue a version of the above letter back to Restons. Will do that right away.
- chase Cabot? Or do I accept no response as they don't have the copy CCA? I have proof of receipt as my request was sent corded delivery.
- enter a defence - or a statement I'm awaiting documents / evidence from the claimant?

Thanks again - apologies for all the questions but it is very useful to check the action I take. Apologies if I've been slow and missed deadlines.

[Amethyst]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Okay if you acknowledged and the claim was issued on the 9th January then you need to put your defence in on Monday to stop them getting a default judgment.

So forget replying to them you're a bit out of time, don't worry though it is fine.

Use this http://www.legalbeagles.info/forums/...t-Court-Claims as a guide to make a start on your defence and post up so others can look it over / make suggestions etc xxx

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Thank you for this. I've prepared the following based upon your template - I have only 2 questions:

1 - part 10/11: Which section of the CCA 1974 is relevant (77 or 78)?
2 - Should I add in a part 12 along the lines of "Owing to the time taken for Restons to respond to my CPR 31.14 request, I've not been able to suggest and agree an extension to the time period allowed to provide the relevant documentation?

My defence is as follows

"1: I received the claim XXXXXXXX from the Northampton County Court Business Centre on 15 January 2015.

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 fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state exactly when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Halifax to Cabot Financial (UK ) Ltd on 24 June 2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Halifax 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.

8: On the 21 January 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.

9. Restons, in their letter dated 5^th February 2015 (received 12^th February 2015), declined to send any of these documents to me.

10. On 21^st January 2015, I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

13. 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.

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

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

16. 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. "

Thank you once again for the help - it is greatly appreciated. Without it I'm sure I would have had a CCJ on record by now!

[stevemLS]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Looks good to me.

I would suggest that para 14 is amended to say "The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation,failing which the claim should be struck out."

It is s78 of the Act, s77 refers to fixed sum agreements (i.e. loans) and s79 to HP.

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Thanks again

Defence submitted. Is there anything for me to do now other than wait?

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Good evening,

An update. I've received a letter from Northampton CCBC (dated 16th Feb) acknowledging my defence and stating the claimant (their solicitor) may contact me direct to resolve any dispute.

As yet, I haven't received a copy of the Credit Agreement from Cabot and no further contact since Restons last letter I previously detailed.

On the letter, I've noted it mentions the claimant must contact the court within 28 days, if not the claim will be stayed.

A couple of questions...

- When does the 28 days Cabot/Restons have start?
- If the 28 days passes & no contact, is there anything I can do to 'push' proceedings or do I just let the court follow its process?
- anything else I can do at this stage?

Thank you as always.

[nemesis45]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

1. From the date the court received the defence and passed it on to Reston.
2. If Cabot/Reston fail to respond to the defence the case is automatically stayed.
3. If the stay remains for a couple of weeks, give Reston 7 days notice that you are
applying for the claim to be struck out.

That's all for now.

nem

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

OK so I've heard from Cabot now re CCA request. They have stated...

"unfortunately Cabot has not been able to provide you with the requested information within the relevant time period.

We we shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing plan...."


Therefore, based on this, the court claim made by Restons should automatically be withdrawn by them?

thanks in advance as always

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Evening all,

A letter has arrived from Restons now, essentially stating they cannot get hold of the necessary documents therefore "the matter has been placed on hold".

As the court letter was sent to me approx 40 days ago, does this now mean this case is stayed? Should I be applying to have it struck out?

Thanks

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Evening all,

Neither Restons or Cabot could provide the documents requested in the respective CPR 31.4 or Copy CCA letters.

Restons have since written - very politely - and stated...

"in a bid to resolve this matter amicably, we can confirm that our client would be willing to accept the sum of £2,800 in full and final settlement of this claim.

In the event that you are not agreeable to the offer above we can confirm that our client would be willing to consider any reasonable settlement proposal you may wish to put forward.

Alternatively, we would draw your attention to another settlement option available, where both parties enter into a Tomlin Order so that proceedings are stayed whilst payments are being made by way of monthly instalments."

Any advice as to how I should respond is appreciated.

Thank you

[FlamingParrot]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Evening all,

A letter has arrived from Restons now, essentially stating they cannot get hold of the necessary documents therefore "the matter has been placed on hold".

As the court letter was sent to me approx 40 days ago, does this now mean this case is stayed? Should I be applying to have it struck out?

Thanks

You wrote this back in March and the case has been stayed all this time. There have been a few recent cases where, after months, Cabot have applied to lift the stay, strike out the defence and enter summary judgment, all without a hearing. :mad2: For that reason it may be worth applying for strike out rather than leaving the claim stayed indefinitely. twink:

Evening all,

Neither Restons or Cabot could provide the documents requested in the respective CPR 31.4 or Copy CCA letters.

Restons have since written - very politely - and stated...

"in a bid to resolve this matter amicably, we can confirm that our client would be willing to accept the sum of £2,800 in full and final settlement of this claim.

In the event that you are not agreeable to the offer above we can confirm that our client would be willing to consider any reasonable settlement proposal you may wish to put forward.

In view of the fact they've not been able to get their hands on the paperwork, I'd say £0.00 is a very reasonable settlement. :lol: :lol: :lol:

Alternatively, we would draw your attention to another settlement option available, where both parties enter into a Tomlin Order so that proceedings are stayed whilst payments are being made by way of monthly instalments."

Any advice as to how I should respond is appreciated.

If they haven't been able to obtain the documents they'd need to progress the matter via the courts, why would they expect you to settle or enter into a Tomlin order that gives them liberty to apply to enter summary judgment as soon as you miss a payment? :confused2:

If you've not been around lately, you may not be aware of recent developments regarding Cabot's authorisation.

If you are thinking of responding to Restons, instead of accepting either of their "generous" offers, you may want to look at this instead: http://www.legalbeagles.info/forums/...736#post583736 :grin: :grin: :grin:

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

I've not heard anything from the Court & checking online, the last action was me submitting my defence so I'm trusting the claim remains stayed.

Interesting reading regarding Cabot however they made their court application in January before their licence expired so don't know what that means for me - if anything?

As I said earlier, I don't deny I had an account but the "settlement" amount of £2,800 is still very high & I don't agree to that as a sum. If I apply for a strike out, what is the best method to apply? I understand I may need to complete a N244 form, but that looks confusing.!

Also, do I need to respond to Restons as I've now 'missed' their deadline?

Sorry for all the questions again!

[nemesis45]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

I've not heard anything from the Court & checking online, the last action was me submitting my defence so I'm trusting the claim remains stayed.

Interesting reading regarding Cabot however they made their court application in January before their licence expired so don't know what that means for me - if anything?

As I said earlier, I don't deny I had an account but the "settlement" amount of £2,800 is still very high & I don't agree to that as a sum. If I apply for a strike out, what is the best method to apply? I understand I may need to complete a N244 form, but that looks confusing.!

Also, do I need to respond to Restons as I've now 'missed' their deadline?

Sorry for all the questions again!

I would forget about the licensing debacle.

You need to telephone the court to check on the status of the claim,
you are not informed when a stay is put in place.

nem

[Amethyst]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

I would respond to Restons stating that their client have still neglected to evidence the debt or provide the original agreement and as such the debt is unenforceable. That you intend to apply to lift the stay and strike out the claim and ask the costs of this be awarded against their client, and you respectfully suggest in the interests of avoiding unnecessary costs their client discontinues their claim.

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Dear all,

Yesterday I received a Notice of Discontinuance from Cabot / Restons. Thank you to everyone who posted advice / support as without this I wouldn't have stood a chance.

I still have one final request for advice if possible please. I've applied to Experian / Equifax to have the 'debt' removed from from my credit file but they cannot do anything as it requires Cabot's authority. Cabot are refusing & Restons - in their final letter to me - advised Cabot will not remove the debt from my file until 6 years after they defaulted the debt (which was only 2 years ago). Is there anything I can do to encourage / gently force Cabot to play ball & take an unacknowledged & unenforceable debt off my credit file?

Thank you in advance as always...