Cabot/Weightmans Claimform - Old Lloyds credit card***Claim Discontinued***

[Craigbadger]

Thanks Andy, don't believe everything you read then.

[Craigbadger]

by jove I think he's got it after 6 yrs

 

 

dx

 

Id forgot about it for 5 years.

 

Just to update, finally had a letter off Cabot acknowledging CCA request and stating they will need 40 days to gather what I've requested.

 

By my maths I have a week to submit my defence, do I leave it till the last moment to give them a chance to provide paperwork?.

[Guest]

they have 14 not 40 has the 14 expired, does it expire prior to yr def deadline?

 

seems unlikely then they'll produce anything witin a week, unless they've got something to hand.

 

whilst the cca request is outstanding, they cant enforce.

 

as long as yr defence is in time, anytime. but, wld wait for cca request expiry if that wld be in time.

 

if they do happen to produce something later in satisfaction, then you shld be able to change things without sanction.

 

once they get yr defence from the court,

 

 

they have 28 days to decide whether to continue or not.

 

 

if no such response by them to the court in that time (or there are no applications)

 

 

then the claim will be auto stayed by the court.

[Craigbadger]

they have 14 not 40 has the 14 expired, does it expire prior to yr def deadline?

seems unlikely then they'll produce anything witin a week, unless they've got something to hand.

whilst the cca request is outstanding, they cant enforce.

as long as yr defence is in time, anytime. but, wld wait for cca request expiry if that wld be in time.

if they do happen to produce something later in satisfaction, then you shld be able to change things without sanction.

once they get yr defence from the court, they have 28 days to decide whether to continue or not. if no such response by them to the court in that time (or there are no applications) then the claim will be auto stayed by the court.

 

 

Yes it was signed for 3 weeks ago this coming tuesday so over the 14 although it took them 14 days to write back

 

I'm going to get my defence together anyway and if something miraculously appears this week i'll deal with that then.

 

Definitely want to allow a couple of days room though incase mcol doesn't want to work and I have to post, can't rely on flaming computers to always functions as you need when you need.

 

Thanks.

[dx100uk]

you can email it too

 

 

4pm Friday 6th march.

 

 

 

 

dx

[Guest]

Yes it was signed for 3 weeks ago this coming tuesday so over the 14 although it took them 14 days to write back

 

I'm going to get my defence together anyway and if something miraculously appears this week i'll deal with that then.

 

........

Thanks.

 

can then include their cca request failure.

[Craigbadger]

can then include their cca request failure.

 

Thats lucky then

[Craigbadger]

Right I've sort of muddled together a defence, if anyone could share their views and give opinions that would be great. Would rather someone say its ok before subbing incase I've missed or put something in that doesn't belong. It is pinched and borrowed from various other threads on the site, I hope thats ok. Was a little worried about writing one but after reading several it seems everyone is borrowing and pinching anyway to suit their case. Ive tried to keep it simple.

 

Particulars of claim

 

1. The Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK – CREDIT CARD and having account number

****************(‘the Account’)

2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

3. The Defendant is indebted to the Claimant in respect of the account in the sum of ****.**

4. The Claimant claims the said sum of ****.**, plus costs.

 

 

 

Defence:

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is accepted I have in the past had agreements with Lloyds Bank. I do not recall the precise details or agreement and have sought verification from the claimant.

 

3. Paragraph 2 is denied, I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds Bank.

 

4. Paragraph 3 & 4 are denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment or Statement requested by CPR 31. 14,and remains in default of my section 78 request, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the ** of February I requested to The Claimants Solicitors, Weightmans by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Weightmans have failed to fulfill my CPR 31:14 request.

 

7. On the ** of February 2015 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant failed to comply and therefore is in default of this request.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

looks ok

 

 

dx

[Craigbadger]

looks ok

 

 

dx

 

Thanks, i'll try and submit it tomorrow afternoon.

[Guest]

Right I've sort of muddled together a defence, if anyone could share their views and give opinions that would be great. Would rather someone say its ok before subbing incase I've missed or put something in that doesn't belong. It is pinched and borrowed from various other threads on the site, I hope thats ok. Was a little worried about writing one but after reading several it seems everyone is borrowing and pinching anyway to suit their case. Ive tried to keep it simple.

 

Particulars of claim

 

1. The Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK – CREDIT CARD and having account number

****************(‘the Account’)

2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

3. The Defendant is indebted to the Claimant in respect of the account in the sum of ****.**

4. The Claimant claims the said sum of ****.**, plus costs.

 

 

 

Defence:

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is neither admitted nor denied. (I have in the past dealt with Lloyds Bank). I do not recall the details or agreement referred to by the claimant and have sought verification from the claimant.

 

3. Paragraph 2 is denied, I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds Bank

 

4. Paragraph 3 & 4 are denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment or Statement requested by CPR 31. 14, and remains in default of my section 78 request under the Consumer Credit Act. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the ** of February I requested to The Claimants Solicitors, Weightmans by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Weightmans have failed to fulfill my CPR 31:14 request.

 

7. On the ** of February 2015 I made a request under Section 78 Consumer Credit Act to the claimant for a copy of the Consumer Credit Agreement. The claimant failed to comply and therefore is in default of this request.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

just a couple of poss tweaks/amends in red etc. up to you.

see what dx/andyorch etc say.

[Dotty50]

Definitely get andyorch to check it out before you submit it.

[Craigbadger]

Thanks for the input Ford but its done already I'm afraid. I did make a couple of slight changes just to tidy up some of the wording and formatting but it went pretty much as per my draft.

 

Im pretty happy with whats there and Dotty a lot of it is borrowed off a couple of defences that he has checked so I'm happy enough that it covers my point.

[Guest]

Thanks for the input Ford but its done already I'm afraid. .........

 

no worries. see what happens.

[Craigbadger]

no worries. see what happens.

 

Thanks.

 

I guess they still need to produce the agreement whatever

[Craigbadger]

[ATTACH]56467[/ATTACH]

 

Had this off Weightmans.

 

They have just enclosed a copy of the letter sent to me a month ago which just stated when I apparently took out the card and when it was terminated etc.

 

Is this anything to take note of or just them trying to get me to pull out?.

 

As far as I can see, until they produce an enforceable agreement its all guessed.

[dx100uk]

std willy waving in numerous threads here already

 

 

dx

[Guest]

yep, they still have to comply with the cca request and produce the docs they rely on! things which you reasonably asked for earlier to poss avoid further litigation.

[Craigbadger]

All good then.

 

Im on tenterhooks with the postman at the moment waiting for a speeding ticket which if the cop was filming will of got me on the m40. Its day 9 and I really though this was that as it was a strange reinforced envelope. another week and I can relax

Typical as I drive down to London maybe 5 or 10 times a month for work and this was a clear road and a saturday lunchtime, down to see a mate.

 

[Craigbadger]

Right today have received a reduced offer to settle, about £500 less than the amount being claimed. I am still struggling with the search function so its as easy to just post it.

 

My view is that Cabot are in default of the CCA request so therefore nothing has changed.

 

Do I reply to this and tell them I'm still waiting on a CCA and won't be doing anything till then or just ignore them?

[dx100uk]

no you sit tight

 

 

dx

[Craigbadger]

Letter from Cabot.

 

Unable to find agreement, will continue to search but for the moment they can't enforce and have put the account on hold etc until such point they can find it.

 

Thanks again for the advice.

[dx100uk]

post 168

[Guest]

yep. if they dont do anything within around the response time following receipt of yr defence, then it will be auto stayed by the court.

[Craigbadger]

How long have they got to still carry on with court?. Ive had a look but can't seem to find an exact time. Surely they can't just leave it indefinitely.

Well I can breath easy for now and whats more I didn't get done for speeding time to get a more practical car that won't accidentally pop into 3 figures without me noticing.