And reading their representation of what would have been sent. it says. "Any further communications AND payments must therefore be addressed to Cabot financial directly at the address below." Address Below.. Cabot Financial (EUROPE)Ltd But; Cabot Financial (UK) Ltd made the Claim :confused:

Well, well, well, Heres a thing; Cabrot have still not produced a Notice of assignment. The "Redacted" copy supplied is all Blacked out. No a/c numbers or my adress, or even name, etc. The still insist that the copy of a "representation of what would have been sent", on the 3rd October 2006 is good enough; This apparently informs me that on 27th september 2006 my account was sold to Kings Hill. (now cabot (UK) ) BUT On the second page of the "Redacted" Sale Agreement, it says; "This account sale agreement dated 12th October 2005. is made and entered into by and between Kings Hill (the buyer) and Barclays bank,(the seller) Just wondering if there is any mileage in the dates not tallying? Fussa

Hello, re; Mercyblue's post above; quote,. Notice Of Arrears As required from 1 October 2008, a formal letter which has to be served when a customer is two months in arrears and at six month intervals after that. Content is specified by the Regulations. Failure to do so results in agreement being unenforceable if customer does not comply with agreement. Will that cover the 1974 Consumer Credit Act. My card is from 2002 fussey

Mercyblue. Thank you for that... its an interesting site you have linked. Needs careful study.. " [if they are claiming arrears only why haven't they sent you a notice of arrears as required from 1st oct 2008]". Knowing Cabrot, they would probably say that , as they are only claiming arrears, it doesn't apply to them. Thanx fussey

Hiya Beau, I have S.A.R,'d Monument at their Northampton Addy. signed for on the 10th Feb. Still no acknowledgement or other,, Also S.A.R.'d Barclay's. Received 2nd April. BTW. I S.A.R'd Cap One. recv'd, 26th Jan. letter back from a " M Miller", who, " I deal with requests for information under the data protection act 1998", Unfortunatley I am unable to review these for you as your letter was not signed". Sent back letter telling them did not say in the act that it had to be signed and was the same address that the had previously sent statements to, and been given by them to a third party. (template from site). and reminded them of the expiry date for compliance. ( sent it for the attention of M.Miller.) Received letter yesterday, from "Sven Lagersberg", who " I deal with requests for information under the Data Protection Act 1998". Unfortunatley, I am unable etc. not signed. ( M. Miller been fired for incompetance ? ) The 40 days expired on 7th March, still no doc's. Anybody know of a template for non compliance? I was going to contact Head office for the personal attn of the Data controller, giving him 7 days. fussey

Can anyone tell me if B.T. are under the CCA. I would like to CCA them if at all poss.... They have sent a Bill with £61. added "towards admin costs" But, if I contact them with a payment plan they "MAY" be able to reduce the Fee". sir Fussalot.

Yes they do learn.. my dates would have made it invalid, IF the act would have been WORKING DAY'S. as Easter was in between my dates.. Yes, included in the arrears are overlimit fees and late payment fees. pos, about £100-£180.'s worth.... fussey

Diddy. Their P.O.C. "The Claimant is part of the Caot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment the Defendant has failed to pay the sum of £3405.09 in relation to the Defendant's Monument Credit Card account. Number ...007 An the Claimant claims the sum of £3570.09 to-gether with interest undersection 69 of the County Courts Act 1984 and costs. No mention of "only claiming the arrears", then. BTW the credit card a/c No. quoted above is incorrect. would it have any significant implications? fussey

Yes now then.. The D.N. has NO date on it . As you can see it says at the bottom.."page 2 of 2".. it came with this one. [

Diddy. Should have gone to specsavers....... sorry. couldn't resist fussey

Cym.. Don't ask me how I got This. it should have been a link. Hey-Ho Fussey.

Diddy, This is the D.N. They did Terminate after. The amount was for £2000. overlimit £156 amount to rectify £150 Do you think "defective D.N.?" fussey

BTW, I asked the Office of Fair Trading about Cabot Financial (Europe) Ltd. regarding their Consumer Credit License, as it had expired in Sept Last year. This was their reply. Re: Cabot Financial (UK) Limited CCL 472690 The Cabot Financial (UK) Limited licence remains in force as they submitted a renewal application before the 'current' licence was due to expire in September 2009. That licence will remain in force until such time as we conclude our consideration of the renewal application. I hope this helps. Yours sincerely, XXX XXX OFT Enquiries and Reporting Centre No it doesn't really.... fussey

Yep.. Thats why I haven't put any pointers to my direction of play.. if he was a genuine 8) he has never dealt with Cabot. thats for sure. fussey

H Ya Diddy, Beau. beau glad to see you are pursuing it. Good Luck. that puts me in front of you now.. Diddy. this is the thing.. they aint mentioning the D.N. But i had a D.N. asking for the arrears. £150. as the arrears are £156, surely the D.N. is defective. http://www.consumeractiongroup.co.uk...t-2578870.html and its vague as to "I have breached the terms " then they terminated the a/c.

Hiya Cymruambyth. well it appears that Cabrot want to try and do away with all the protection of the CCA act. Not only that they give out misleading info' fussy

Here is their reply (in BLUE) to my Defence. My comments are RED... 1 I am the defendant in this case and wish to honour the above order to make a “fully particularised defence”. Para 1 of the Defendants Defence is noted. 2 However, in the absence of the requested documentation from the previous court order, I, being a “Litigant in Person”am unable to make a full defence at this time. Para 2 of the Defendants Defence is denied. The Claimant was ordered on 5th Feb '10 to provide the Defendant with a redacted copy of the original Deed of Assignment by the 19th Feb. the Claimant provided the defendant with the same on the9th Feb, The Claimant therefore submits that the Defendant was able to lodge a fully pleaded Defence in accordance with para 1 of the court order.(this is the redacted copy with ALL pertinent points blacked out. i.e. no ref to my a/c ,or address or name etc.) 3 I would ask the courts permission, to be allowed to amend my defence when and if the requested documents are made available. Para 3 of the Defendants Defence is noted. The Claimant submits that the Defendant should not be granted leave to further amend his Defence for the reasons detailed at para 2 above. 4 On or around mid November 2008 I received a letter from a debt collection agency called “Fire”. As they said they were acting on behalf of Cabot, I asked for more information as to what this alleged debt was for... I am unable to access a copy of the letter at this time but I do have the reply/acknowledgement, from Cabot.No further contact from “FIRE” was received or sent. [ exhibit CA 1 ] para 4 is admitted, On or around 2nd sept '09 Fire sent a letter to the Defendant (No, it was '08 wherein it requested payment for the arrears outstanding on the Defendants Monument Credit card A/C. A template of the letter sent to the Defendant is attached. (Not even a copy of the letter, just a template to a “Mr. Taylor”, blah blah ) 5 On or around the end of November 2008, I wrote to Cabot asking for a formal CCA request. Again, I cannot access the letter to date but have a reply from Cabot, acknowledging receipt. [ exhibit CA2 ] On or around 17th Nov '08 a letter was received from the Defendant wherein he requested details of the debt together with a copy of the original agreement. Copy attached. On or around 18th Nov '08 Cabot acknowledged receipt of the letter and passed it to Fire. Copy is attached. (Why would Cabot pass this letter on to Fire who were “Collection Agents for their client Cabot”,. And not send it to the O/C?) On the 21st Nov '8 the Defendants wife contacted Cabot by phone. During this conversation she requested a cpy of the original credit agreement. Following this request the a/c was transferred to the customer Assurance dept. Who acknowledged the request by way of a letter. A TEMPLATE of which is attached. Para 5 of the Defendants defence is admitted. Save that the Defendants request wa made pursuant to s77 of the CCA act. On the 3rd dec'08 the Claimant received a letter from the Defendant in which he made a request for a copy of the original credit agreement. A copy of this letter is attached. The Claimant submits that, a request pursuant to s77 requires a stat payment f £1.The Defendant did not enclose such a payment accordingly, the Claimant was not bound by the CCA s77. Request. This was the letter, to Ms Robertson. Cabot. I have asked for a copy of the original credit agreement, as I do not have one.Can you please confirm who I am now dealing with ,yourselves or FIRE. I await your reply Not really a CCA request was it. AND why do Cabot send the £1 back when you DO ask for a s77 request?. 6 As you will see, the letter confirming receipt is dated 2nd December 2008. This would have given Cabot 12 days to the 14th December to comply with my request. As per the, “Consumer Credit Act 1974”. (the Act). Para 6 of the Defendants defence is denied. Save that a letter was sent to the Defendant acknowledging receipt of his request made on 21st Nov '08 The Claimant subnits that it was not required to comply with the Defendants request or at all for the reasons detailed in para 7 above The Claimant further submits that it is the Assignee of the contractual benefits of the agreement that existed between the Assignor and the Defendant. As a matter of contractual Law, an assignment transfers the rights or benefits but does not relieve the assignor of his duties or burden of liabilities to the other contracting party or entitle that party to enforce such duties or burdens of liabilities against the assignee of the debt. In the House of Lords case of Linden Gardens trust Ltd.-v- Lenesta Sludge disposals Ltd. (1994 AC 85 Lord Browne-Wilkinson stated. “It is trite law that it is, in any event impossible to assign “the contract” as a whole, ie, including both burden and benefit.The burden of a contract can never be assigned without the consent of the other party to the contract”... consequently, the Defendant is Assignee of the contractual benefits of the contract between the Assignor and the Claimant and opposed to “rights and duties”. It is therefore submitted that the Defendant is not a creditor for the purpose of section 189 of the CCA 1974 and not bound by a s77/78 request. (don't pretend to understand this one) 7 At one month after the 14th of December Cabot had still NOT supplied the relevent information. Thus commiting an offence. s78 6 (b). of the act. “ para 7 of the Defendats Defence the Claimantrelies upon para 7 – 9 above. 8 On the 9th of January 2009 Cabot admitted that as they were unable to supply the inform- mation on time, they would, “continue to hold any action on your account until further notice” despite this statement they continued to add interest onto the account, contrary to s77 4 (a). [ exhibit CA3] para 8 (i ) of the Defendants defence is denied save that the Claimant sent letters to the Defendant on the 15th and 24th Dec '08. these letters notified the Defendant of the delay in obtaining the requested documents and that the a/c would be put on hold. (still addedinterest though) until these were obtained. Attached etc. The Claimant submits that it was not bound by the defendants CCA request the reasons detailed above para 7-10 8 Cabot finally sent a copy of the application form, illegible copies of unconsecutive alleged Terms and Conditions and a selection of copied statements,and stated that they had supplied the relevant information, on their letter dated, 6th April 2009. 3 months and 5 days after my request. [ exhibit CA4 ] para 8 ( ii ) of the Defence is denied The Claimant submits that Cabot provided the defendant with a copy of the executed agreement copy attached (app form) A cpy of the term& C's provided by the Assignor and copies of statements of account prior to the assignment. These documents were provided to the Defendant under cover of a letter dated 6th April 09. A copy REPRESENTATION of this letter attached. 9 I received a notification from Northampton county court on or about 31st August 2009. I acknowledged the court papers and replied that I would contest the claim. 10 I was then informed that the case had been refered to Walsall county court . 11 I immediatley sent a CPR 31 : 14 request to Cabots solicitors, Morgans. [ exhibit CA 5 ] para 9 10 11 of the defence is noted 12 The CPR request was received at Morgans on 4th September 2009. prooof of; [ exhibit CA 6 ] para 12 of the defence is admitted 13 Although I had again requested thro' the CPR documents, 1 the Agreement 2 the Assignment. 3 A valid Default Notice. para 13 is noted 14 No reply or acknowledgement was received from Morgans. Para 14 is admitted 15 On the 18th of September I sent a follow up letter posted 1st class. Seeking an urgent reply to my request. I also informed them, (Morgans) that if they did not comply with my request, that I would ask the court for disclosure. [ exhibit CA7 ] In respect of para 15 of the Defence the Claimant submits that the Claimant's records do not show that the Claimant received such correspondence from the Defendant ( my fault only got proof of posting) 16 I received no reply until 5th October 2009. Morgans said that they did not receive my letter until 4th October. Enclosed with the letter was 1 a copy of the application form 2 a copy of “Terms and Conditions” 16 I received no reply until 5th October 2009. Morgans said that they did not receive my letter until 4th October. Enclosed with the letter was 1 a copy of the application form 2 a copy of “Terms and Conditions” 3 copies of account statements. They also stated that the “Deed of Assignment” could take up to a week to be retrieved. [ CA8 ] para 16 of the Defence is admitted copy of letter attached. 17 They had still not supplied an executed credit agreement, any authority that they were entitled , to collect any debt. Or bring a case against me. Nor had they supplied a Default Notice., As required by the act. Para 17 is denied save that the Claimant had not provided a copy of the Deed of assignment until Feb 9th 10.(the Blacked out “alleged” copy) The Claimant submits that the credit agreement attached hereto ( app form) is an executed agreement within the meaning of the CCA act It clearly states under the heading “sign to-day” that this is a credit agreement regulated by the CCA 1974. The Claimant further submits that neither the Claimant nor the Assignors were required to send Default notices to the defendant. A Default Notice need only be sent to the Defendant in a limited number of circumstances.(well they sent me one AND Terminated my A/C) Section 87 ( 1 ) of the CCA 1974 requires service of a Default Notice when the Creditor wishes to: ( A ) Terminate the agreement ( B ) to demand earlier repayment of any sum or ( C ) to recover possessions of any goods or land or ( D ) To treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred or ( E ) To enforce security 18 .In the letter dated 5th October the Claimant also makes it clear that he will not provide a Default Notice. As required by the act. Before any enforcement action can be taken. [ CA9 ] The Claimant avers that s 87 and 88 apply only where the creditor wishes to take one of the steps specified in s 87/88 A Default notice is not required where the creditor simply demands repayment for the arrears.( REMEMBER THAT LAST SENTANCE ) The Claimant therefore avers that no Default Notices were required as it merely demands repayment of arrears on the Defendants Monument Credit Card Account. Para 18 of the Defence is denied. The Claimant relies upon para 20-23. above. 19 In view of the Claimant not providing any evidence that he is able to bring a claim. I asked at the court hearing of 11th November for the documents to be disclosed In respect to para 19of the Defence the Claimant can neither admit nor deny that the defendant requested documents to be disclosed at the court hearing on 11th Nov '09. The defendant is put to stict proof.(asked for doc's in witness statement. Court order of 11th Nov states ( 7 ) ,original documents to be brought to hearing ) 20 His Honour Judge “TOBY” made an order that the original documents were to be brought to the hearing on the 5th February. Para 20 is admitted ( so how come they have denied it above ?) 21 No documents where available at the hearing so it was agreed by both parties to adjourn. Para 21 is Denied. The adjournment was due to no witness statement and to allow for a redacted copy of D of A Furthermore, upon the Defendants reference to D.J.'s order (7) Judge “TOBY”, stated that copies would suffice for the hearing. ( I didn't hear that) 22 In the meantime it was requested again that a deed of assignment would be made available. For the next hearing. However, it was agreed that the Deed due to “sensitive” commercial information would be “redacted”. Para 22 is admitted 23 The Deed of Assignment supplied is with respect NOT addmissible as evidence due to the “redaction”. Para 23 is Denied. The (Blacked out ) Deed of Assignment provided to the Defendant clearly shows that an assignment took place between Cabot and Barclay's Accordingly, the Claimant has a legitimate cause of action against the Defendant. ( well is it just me or what??) 24 As all relevent information has been “blacked out” not just “commercially sensitive” infor- mation. The name, the account holder etc have all been removed, as it stands it has not been proved that the assignment has been properley executed. Para 24 is of the Defence is Denied. The Deed of assignment does not specify the accounts subject to the assignment of a debt (???) the assignor provides information regarding assigned accounts. Attached hereto is an extract of the “raw data” provided to the assignee by the assignor on assignment. The “raw database” is an electronic data base provided by the assignor which is subject to theAssignment. The “raw data” confirms among other things, the date the a/c was opened, the a/c number, the defendants name and address and date of birth and the balance of arrears assigned. 25 To the point above I ask the court for a full disclosure of the alleged assignment. If only for the court to see and accept Para 25 of the Defence is noted the Claimant relies on the above. 26 The Deed of Assignment shows that the claimant has the right to bring this case as yet despite three requests and a court order, the Claimant has NOT proved that he is entitled. Para 26 of the Defence is denied. The Claimant relies upon the above. 27 The Claimant states in his court bundle that a letter was sent informing me of a note of ass- ignment. I put the Claimant to strict proof that this was the case.The Witness states that this is a copy of what the letter would have looked like.With no more details regarding the Witness statement this is “Hearsay”. And I would ask the court for the witness to attend court in order to be cross-examined. Para 27 of nthe Defence is denied. Notice of assignment was sent to the Defendant on the 3rd October 2006. A copy representation of this notice of assignment is attached. (not proof surely?) 28 The “agreement” sent to me is not an agreement but an application form. This has been the only document supplied so far by the Claimant as NO agreement exsists. Para 28of the defence is denied. The Claimant relies upon para 19 above 29 An application form CAN be an agreement. IF it complies with the prescribed terms. Re Bank of Scotland-v-Robert Mitchell The key words in Section 61(1)(a) are the reference to a document itself containing all the prescribed terms, and conforming to the regulations under Section 61. This language is clear and specific, and ensures that mere reference to terms contained in another document will not suffice. The document must contain the prescribed terms, just as the signed document referred to in Section 127(3), which might save the day, must however contain the prescribed terms. The construction contended for by the defendant is entirely consistent with the language of Section 61(1), and is also supported by Professor Good in his encyclopaedic work - see Good & Consumer Credit Law and Practice volume 2, 2B 5.121, and see also the comments at 2B 5.247. There the learned author draws a distinction between the language of paragraph (a) contain and paragraph (b) embody. It is respectfully submitted that the court should adopt the same reasoning in determining this issue in favour of the defendant, irrespective of whether or not it finds that the defendant was supplied with documents other than the credit agreement itself". 1st June 2009 Approved Judgement HH Judge Langan QC para 29 Defence is denied. The Credit Agreement attached, (app form) clearly states at the top “detach” this is sufficient referral to the requesite Terms and Conditions attached.. (surely NOT) 30 As the case stands, the Claimant has Not shown that there is an enforcible agreement Neither has the Claimant shown that he is entitled by a deed of assignment to bring this case or that the original creditor has supplied a Default Notice in order to be able to pursue the case, I therefore respectfully ask that this case is unenforcible ay Law, and should be struck out. Para 30 of the defence is Denied. The Claimant relies on paras. 1-35 above. I believe this to be a true statement of my Defence

Hiya all. I need to put a WITNESS STATEMENT in by Friday 4.oopm. On Saturday i recieved a reply to my Defence from Morgans :

Windy /Alan... Yes, underneath the, "account sale agreement" (FORWARD FLOW-Monument : Post One Agency Expiring 30/6/06) Then just above to the righthandside it is scrawled... "30/12/06 see ***something** agreement." I cant make out what the middle word is. But I will ask for an explanation in court. s.f.

Sorry to Hi-Jack your thread but it may help... src="http://i892.photobucket.com/albums/ac129/cobeykid/yut.jpg" border="0" alt="Photobucket"> This is what I got from Cabrot when I told the D.J. that I had not seen any Assignment note. They agreed to send the Assignment DEED to court, BUT, it would have to be "redacted". because of sensitive information. so sensitive they can't let me know if its for my a/c or not.. It's like that on EVERY page. I think it's contempt of court. We'll see what happens when I ask for an adjournment so they can produce their authorisation to collect the debt.. thanks all. fussey.

Spart.. I got the D.J. to get Crapbot to produce THE Deed of assignment in court for my case They said it would have to be "Redacted" due to "the commercially sensative nature", etc. I had a small "book" come through..... Every page was blacked out.. A/C name...blackout. Address.. Blackout. date B.O., A/C history..B.O. status.. B.O. talk about taking the p fussalot.

This is the Report for Cabrot Financial (Europe) Ltd Application / Licence Details Licence Number:0441205 Licence Status:Current Current Applicant / Licensee: Business NameCompany Registration NumberCabot Financial (Europe) Limited3439445 Categories: Consumer credit Credit brokerage Debt administration Debt collecting Provision of debt-adjusting on a commercial basis Right To Canvass Off Trade Premises:Yes Trading Name(s) (Current): Cabot Cabot Financial CFE CFEL Trading Name(s) (Historic): CFS CFS International Commercial Financial Services Issued Date: 04-Mar-1998 Expiry Date: 03-Mar-2013 Legal Formation: Body Corporate (incorporated inside UK) Current Individuals that run the organisation: NamePositionGlen Paul Crawford John David Randall Kenneth William Maynard Historic Individuals that run the organisation: NamePositionAngela Jane ChurchOFFICERJohn RandallOFFICERRichard Terrell LangstaffOFFICERStockton Bodie BirthiselOFFICERWilliam Richard BartmannOFFICER Historic Organisations that run the organisation: NameCompany Registration NumberPositionCS SCF Management Limited OFFICER Nature of Business: Debt Collection Current Address(es): Address TypeAddressCorrespondence1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UAPrincipal Place Of Business1, Kings Hill Avenue, Kings Hill, WEST MALLING, Kent, ME19 4UA, United KingdomRegistered Office1, Kings Hill Avenue, Kings Hill, WEST MALLING, Kent, ME19 4UA, United Kingdom Historic Address(es): Address TypeAddressPrincipal Place Of Business10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LTPrincipal Place Of Business72, Hammersmith Road, London, W14 8YERegistered Office10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LTRegistered Officec/o Mayer, Brown & Platt, Bucklersbury House 3, Queen Victoria Street, London, EC4N I just wondered, as I am being pursued by Cabot Financial (UK) Ltd. The one that appears to NOT have a CCL? I thought I would ask if it had any possibilities, beings as the "Big Guns", are about :grin: Fussalot.

Hello All, On another peice I was looking at re Cabrot: I couldn't get a match for a Consumer Credit License for Cabrot. So I e-mailed the OFT. This was the reply..... CCA Search :: CCA Search Results :: Licence Details Application / Licence Details Licence Number:0472690 Licence Status:Current Current Applicant / Licensee: Business Name Company Registration Number Cabot Financial (UK) Limited 3757424 Categories: Consumer credit Credit brokerage Debt administration Debt collecting Provision of debt-adjusting on a commercial basis Right To Canvass Off Trade Premises:Yes Trading Name(s) (Historic): KH (No.1) Cabot Financial (UK) Limited Cabot Financial (uk) Limited Issued Date: 07-Aug-1999 Expiry Date: 07-Sep-2009 Legal Formation: Body Corporate (incorporated inside UK) Current Individuals that run the organisation: Name Position Glen Paul Crawford OFFICER John David Randall Mr Kenneth William Maynard OFFICER Historic Individuals that run the organisation: Name Position Angela Jane Church OFFICER Richard Terrell Langstaff OFFICER Nature of Business: Other Current Address(es): Address Type Address Correspondence 1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA Principal Place Of Business 1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA, United Kingdom Registered Office 1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA, United Kingdom Historic Address(es): Address Type Address Correspondence 10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT Principal Place Of Business 10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT Principal Place Of Business Borodin House, 6, Beaconsfield Court, Garforth, LEEDS, LS25 1QH, United Kingdom Registered Office 10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT Registered Office Borodin House, 6, Beaconsfield Court, Garforth, LEEDS, LS25 1QH, United Kingdom Although it says Status current.? does the EXPIRY of Sept '09 Have any bearing on Cabot trying to bring a claim ? Next post Cabrot Financial (Europe) ltd. Fussalot.

WW Best of Luck. Try to get them to confirm that this is the case.. I am in a court case with them now, I have been supplied with the "customer action log".(so has the court) I have found the entry that says "sent t&c's from '06" after my CCA request; The application form was from '02. Needless to say, I shall point this out. P.S. Old Jamie from Cabrot has sent me the same letter you have. he must do about 200 copies a time. s.f.

Hiya all, My Defence had to be in by 4pm DJ said "Fully particularised" mentioned that I couldn't do that as I was still short of documents.. In the XXX County Court Claim Number XXX Between: Cabot Financial (UK) Claimant and XXX XXX Defendant by Order of District Judge XXX Dated ZZZZ “The Defendant shall file and serve a fully particularised defence by 4 p.m. 19th February 2010” 1 I am the defendant in this case and wish to honour the above order to make a “fully particularised defence”. 2 However, in the absence of the requested documentation from the previous court order, I, being a “Litigant in Person”am unable to make a full defence at this time. 3 I would ask the courts permission, to be allowed to amend my defence when and if the requested documents are made available. 4 On or around mid November 2008 I received a letter from a debt collection agency called “Fire”. As they said they were acting on behalf of Cabot, I asked for more information as to what this alleged debt was for... I am unable to access a copy of the letter at this time but I do have the reply/acknowledgement, from Cabot.No further contact from “FIRE” was received or sent. [ exhibit CA 1 ] 5 On or around the end of November 2008, I wrote to Cabot asking for a formal CCA request. Again, I cannot access the letter to date but have a reply from Cabot, acknowledging receipt. [ exhibit CA2 ] 6 As you will see, the letter confirming receipt is dated 2nd December 2008. This would have given Cabot 12 days to the 14th December to comply with my request. As per the, “Consumer Credit Act 1974”. (the Act). 7 At one month after the 14th of December Cabot had still NOT supplied the relevent information. Thus commiting an offence. s78 6 (b). of the act. “ 8 On the 9th of January 2009 Cabot admitted that as they were unable to supply the inform- mation on time, they would, “continue to hold any action on your account until further notice” despite this statement they continued to add interest onto the account, contrary to s77 4 (a). [ exhibit CA3] page 1 8 Cabot finally sent a copy of the application form, illegible copies of unconsecutive alleged Terms and Conditions and a selection of copied statements,and stated that they had supplied the relevant information, on their letter dated, 6th April 2009. 3 months and 5 days after my request. [ exhibit CA4 ] 9 I received a notification from Northampton County Court on or about 31st August 2009. I acknowledged the court papers and replied that I would contest the claim. 10 I was then informed that the case had been refered to Walsall County Court. 11 I immediatley sent a CPR 31 : 14 request to Cabots solicitors, Morgans. [ exhibit CA 5 ] 12 The CPR request was received at Morgans on 4th September 2009. prooof of; [ exhibit CA 6 ] 13 Although I had again requested thro' the CPR documents, 1 the Agreement 2 the Assignment. 3 A valid Default Notice. 14 No reply or acknowledgement was received from Morgans. 15 On the 18th of September I sent a follow up letter posted 1st class. Seeking an urgent reply to my request. I also informed them, (Morgans) that if they did not comply with my request, that I would ask the court for disclosure. [ exhibit CA7 ] 16 I received no reply until 5th October 2009. Morgans said that they did not receive my letter until 4th October. Enclosed with the letter was 1 a copy of the application form 2 a copy of “Terms and Conditions” 3 copies of account statements. They also stated that the “Deed of Assignment” could take up to a week to be retrieved. [ CA8 ] 17 They had still not supplied an executed credit agreement, any authority that they were entitled , to collect any debt. Or bring a case against me. Nor had they supplied a Default Notice. , As required by the act. 18 .In the letter dated 5th October the Claimant also makes it clear that he will not provide a Default Notice. As required by the act. Before any enforcement action can be taken. [ CA9 ] 19 In view of the Claimant not providing any evidence that he is able to bring a claim. I asked at the court hearing of 11th November for the documents to be disclosed page 2 20 His Honour Judge TOBY made an order that the original documents where to be brought to the hearing on the 5th February. 21 No documents where available at the hearing so it was agreed by both parties to adjourn. 22 In the meantime it was requested again that a deed of assignment would be made available. For the next hearing. However, it was agreed that the Deed due to “sensitive” commercial information would be “redacted”. 23 The Deed of Assignment supplied is with respect NOT addmissible as evidence due to the “redaction”. 24 As all relevent information has been “blacked out” not just “commercially sensitive” infor- mation. The name, the account holder etc have all been removed, as it stands it has not been proved that the assignment has been properley executed. 25 To the point above I ask the court for a full disclosure of the alleged assignment. If only for the court to see and accept 26 The Deed of Assignment shows that the claimant has the right to bring this case as yet despite three requests and a court order, the Claimant has NOT proved that he is entitled. 27 The Claimant states in his court bundle that a letter was sent informing me of a note of ass- ignment. I put the Claimant to strict proof that this was the case.The Witness states that this is a copy of what the letter would have looked like.With no more details regarding the Witness statement this is “Hearsay”. And I would ask the court for the witness to attend court in order to be cross-examined. [ BM5 ] 28 The “agreement” sent to me is not an agreement but an application form. This has been the only document supplied so far by the Claimant as NO agreement exsists. 29 An application form CAN be an agreement. IF it complies with the prescribed terms. Re Bank of Scotland-v-Robert Mitchell The key words in Section 61(1)(a) are the reference to a document itself containing all the prescribed terms, and conforming to the regulations under Section 61. This language is clear and specific, and ensures that mere reference to terms contained in another document will not suffice. The document must contain the prescribed terms, just as the signed document referred to in Section 127(3), which might save the day, must however contain the prescribed terms. The construction contended for by the defendant is entirely consistent with the language of Section 61(1), and is also supported by Professor Good in his encyclopaedic work - see Good & Consumer Credit Law and Practice volume 2, 2B 5.121, and see also the comments at 2B 5.247. There the learned author draws a distinction between the language of paragraph (a) contain and paragraph (b) embody. It is respectfully submitted that the court should adopt the same reasoning in determining this issue in favour of the defendant, irrespective of whether or not it finds that the defendant was supplied with documents other than the credit agreement itself". 1st June 2009 Approved Judgement HH Judge Langan QC page 3 30 As the case stands, the Claimant has Not shown that there is an enforcible agreement Neither has the Claimant shown that he is entitled by a deed of assignment to bring this case or that the original creditor has supplied a Default Notice in order to be able to pursue the case, I therefore respectfully ask that this case is unenforcible ay Law, and should be struck out. I believe this to be a true statement of my Defence Signed --------------------------- BB nnnn Defendant 19th February 2009 page 4 O.K. then, what have I forgotten or done wrong ? any comments. fussalot.