Cabot/Reston claimform- for 2 Liverpool Victoria credit debts***Claim Discontinued***

[hannanshah]

Oh I misunderstood you. I have just gone and used that template so no point me posting what I've done.

 

Is there another standard template that I could use?

[AndyOrch]

Have you submitted your defence ?

[fletch70]

Dx

 

Why is that defence non standard? As i said it was from somewhere else because i could not find a link to one on this forum.

What I think you mean is that it is not one used on this forum , doesn't make it non standard , whatever standard is.

 

I am not suggesting that it is THE one to use or indeed the best one to use but it is better than trying to concoct one yourself

[AndyOrch]

Its not CPR compliant...and we do not advocate its use....hence its removal

 

Regards

 

Andy

[fletch70]

Its not CPR compliant...and we do not advocate its use....hence its removal

 

Regards

 

Andy

 

Thanks Andy

As I said I couldn't find one on here quickly and the OP wanted one

 

I was under the impression it fitted the bill as it had been used by others but I stand corrected

[AndyOrch]

Not a problem Fletch...if ever you are looking for tried and tested defences...look here...

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[BarnOwl1]

Basic details

 

 

 

Firm Name: Cabot Financial (UK) Limited Interim Permissions Reference Number: 472690 Current status: Lapsed FS Register Status Effective Date:

Interim Permission End Date:

Firm Reference Number:

Principal Place of Business Address: 1 Kings Hill Avenue Kings Hill

West Malling

Kent ME19 4UA

Registered Office Address: 1 Kings Hill Avenue Kings Hill

West Malling

Kent ME19 4UA

Phone:

Fax:

Website:

 

+441732524600

 

 

 

Contact:

Contact Email:

Willem Wellinghoff

wwellinghoff@cabotfinancial.com

Disciplinary Actions: Comments

Effective From

Effective To

I do not know if this is genuine or not but I have ben told that Cabt has no problem with its licensing requirement and

has done no wrong.

[fletch70]

All I can tell you is that I called the FCA and was told that Cabot Financial (UK) ltd were not licenced and therefore could not carry out any licensed activity .

 

It is a fact that their licence has lapsed , as of 28th Feb 2015

 

As to the implications of that , I suggest we can only discuss it unless and until a court makes a decision . I know of one fast track case where this (at the moment) forms part of the defence and is being handled by a very experienced solicitor.

 

There is apparently also discussions elsewhere in the legal world on the problems with them issuing claims

[dx100uk]

Have you submitted your defence ?

 

 

can you ans this please Hannah...

 

 

dx

[hannanshah]

Here is the defence I have drafted but it is based on the non-standard template. Any comments or suggested amendments?

 

=============================

 

1. I received the claim xxx from the Northampton County Court on 2 October 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 two Credit Card Accounts 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 Claimants statement of case states that the accounts were assigned from Liverpool Victoria to Cabot Financial (UK) Limited (‘Cabot’) on 9 July 2008. The Defendant does not recall receiving notice of this assignment.

 

6. It is denied that Liverpool Victoria 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.

 

7. I received two notices dated 19 April 2010 and 22 April 2010 from Cabot claiming that I was in default on these two accounts.

 

8. On 28 May 2010 I sent a formal request for a copy of the original agreements for both accounts to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee as a postal order.

 

9. The requests were acknowledged on 2 June 2010 by Cabot in a letter. Cabot returned the statutory £1 fee as they do not accept them but they would attempt to comply with my requests.

 

10. I received two separate responses sated 13 July 2010 from the Claimant acknowledging that they could not comply with the requests and that ‘your account shall remain on hold with the Customer Assurance Department until such time we can comply with your request’.

 

11. Following receipt of the County Court Claim, on the 10 October 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Reston Solicitors. I requested the Claimant provide copies of the the Agreement, Statement of Accounts and Notice of Assignment .

 

12. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

13. Reston Solicitors have not sent any of these documents to me.

 

14. 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.

 

15. 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.

 

16. 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.

 

17. I have checked the Financial Conduct Authority’s Interim Permission Consumer Credit Register. Cabot Financial (UK) Limited is listed under Interim Permission Number 472690. The current status is stated as ‘Lapsed’. The Claimant is therefore not authorised under UK law to carry out consumer credit activities.

 

19. 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.

[dx100uk]

You haven't filed that on mcol have you?

 

Dx

[hannanshah]

You haven't filed that on mcol have you?

 

Dx

 

No nothing has been filed yet

[dx100uk]

Good load of old twaddle

 

Andy posted a link in reply to another poster earlier

Click that and read a few threads

 

Dx

[AndyOrch]

I lost interest at point 2

[dx100uk]

So you're improving then andy:lol:

[hannanshah]

How is the following defence? The bits in square brackets will be updated when I submit.

 

I have taken this from http://www.consumeractiongroup.co.uk/forum/showthread.php?436707-Cabot-Claimform-2004-Marbles-Card-debt-***Claim-Struck-Out***&p=4683623&viewfull=1#post4683623

 

Particulars of Claim

 

The Claimant claims payment of the overdue balances (set out below) which the Defendant(s) have failed to pay as required under contracts with the following particulars

 

acc no xxxxxxxxxxxxxxxxxx and acc no xxxxxxxxxxxxxx between the Defendant(s) and Liverpool Victoria dated on or about Sep 19 2001 and Feb 06 1998 respectively. The contracts were assigned to the Claimant on Jul 09 2008 and Jul 09 2008 respectively.

 

PARTICULARS -

a/c no xxxxxxxxxxxxxxxxxxxxx

a/c no xxxxxxxxxxxxxxxxxxxxx

DATE ITEM VALUE

09/09/2015 Default Balance 3251.99

09/09/2015 Default Balance 3066.10

Post Refrl Cr NIL

 

TOTAL 6328.09

Defence

 

 

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 Civil Procedure Rule 16.5 (3)

in relation to any particular allegation to which a specific response has not been made.

 

The claim is denied with regards to two amounts due under two agreements.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim from Reston Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response.

This was posted on the 2 October and signed as received [on 3 October].

 

 

[The claimants Solicitor, Reston Solicitors, responded to this request on xx.

They acknowledged they were requesting documentation from their client.]

 

I have requested information pertaining to this claim from Cabot Financial (UK) Limited by way of separate Section 78 requests under the Consumer Credit Act 1974. The first request was sent on 28 May 2010.

 

They acknowledged they were requesting relevant documents from the original lender.

To date I have yet to receive a response complying with the request. I have sent a second s78 request on 25 October 2015. [i have not received a response to this.]

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into agreements; and

 

(b) Show and disclose how the Claimant has reached the amounts claimed for;

 

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

 

As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

[hannanshah]

Claimant: Cabot

The claim is dated 30/9/2015

 

 

and was acknowledged on MCOL on 3/10/15.

 

 

 

Particulars of Claim

 

1.The Claimant claims payment of the overdue balances (set out below) which the Defendant(s) have failed to pay as required under contracts with the following particulars

acc no xxxxxxxxxxxxxxxxxx and acc no xxxxxxxxxxxxxx between the Defendant(s) and Liverpool Victoria

dated on or about Sep 19 2001 and Feb 06 1998 respectively.

The contracts were assigned to the Claimant on Jul 09 2008 and Jul 09 2008 respectively.

 

2.PARTICULARS -

a/c no xxxxxxxxxxxxxxxxxxxxx

a/c no xxxxxxxxxxxxxxxxxxxxx

DATE ITEM VALUE

09/09/2015 Default Balance 3251.99

09/09/2015 Default Balance 3066.10

Post Refrl Cr NIL

 

TOTAL 6328.09

 

 

What is the value of the claim? 2 amounts: £3,250 and £3,076 total 6328.09

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 credit cards

When did you enter into the original agreement before or after 2007? Before 2007. The claim says agreements entered into in 1998 and 2001.

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot Financial (uk) ltd

Were you aware the account had been assigned – did you receive a Notice of Assignment?

There was a notice on one of the cards from the lender stating that the debt was assigned to Cabot back in 2008.

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments?

 

What was the date of your last payment? Sometime in 2010 to Cabot

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Not sure. Will have to check

[AndyOrch]

And the particulars of claim.......otherwise the above is meaningless .

 

Andy

[hannanshah]

I posted the court claim in post 10 along with all the historical correspondence.

 

I've typed out the Particulars of the Claim below. The claim is dated 30/9/2015 and was acknowledged on MCOL on 3/10/15.

 

===========

Particulars of Claim

 

The Claimant claims payment of the overdue balances (set out below) which the Defendant(s) have failed to pay as required under contracts with the following particulars

 

acc no xxxxxxxxxxxxxxxxxx and acc no xxxxxxxxxxxxxx between the Defendant(s) and Liverpool Victoria dated on or about Sep 19 2001 and Feb 06 1998 respectively. The contracts were assigned to the Claimant on Jul 09 2008 and Jul 09 2008 respectively.

 

PARTICULARS -

a/c no xxxxxxxxxxxxxxxxxxxxx

a/c no xxxxxxxxxxxxxxxxxxxxx

DATE ITEM VALUE

09/09/2015 Default Balance 3251.99

09/09/2015 Default Balance 3066.10

Post Refrl Cr NIL

 

TOTAL 6328.09

[shamrocker]

I'm not sure if it's been mentioned already, but you have 33 days from the date on the claim form to submit your defence. Wait for Andyorch to comment on your proposed defence before doing anything further. Getting your defence right will be make life a lot easier going forward.

 

Sham

[dx100uk]

when did your father stop payments?

 

 

dx

[AndyOrch]

" QUOTE=hannanshah;4812341]I posted the court claim in post 10 along with all the historical correspondence.

 

I've typed out the Particulars of the Claim below. The claim is dated 30/9/2015 and was acknowledged on MCOL on 3/10/15."

 

I was aware of that but we require it typed out so we can post it along side the defence for reference and checking purposes.The proposed defence above may need to be tweaked because the claim consists of 2 agreements...I appreciate that you have tried to make it plural in your responses...but I think we can make it a little more customised and make the claimant work for their claim.

 

Will take a look tomorrow.

 

Regards

 

Andy

[hannanshah]

when did your father stop payments?

 

 

dx

I believe it was during 2010 as he stopped paying around the time the CCA request was sent.

[hannanshah]

How long do I have to submit my defence? The issue date of the claim was 30 Sept. Does that mean I have till Monday 2 November (33 days from claim date) or should I submit by tomorrow Friday 30 October 4pm?

[shamrocker]

The day the claim was issued counts as one day, so 33 days is this Sunday. On that basis, you'd need to submit by 4pm tomorrow.

 

Hopefully Andy will give some input to your defence shortly. The opening dates of the accounts make this claim potentially very interesting, so getting that defence right will get you off to the best possible start. Sadly, I'm not fully up to speed with that side of things or I'd gladly try to help.