Cabot/Restons 2014 stayed Halifax Credit card 'debts' claim - now CCA & threats of SJ

[molly2]

Name of the Claimant ? Cabot Financial (UK) Limited

 

Date of issue – 31/10/2015

 

What is the claim for –

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 XX9 and acc no XX0, between the Defendant(s) and Halifax dated on or about Jan 30 2006 and Jan 13 2002 respectively. The contracts were assigned to the Claimant on Aug 31 2012 and Aug 31 2012 respectively.

 

PARTICULARS –

a/c no XX9

a/c no XX0

DATE ITEM VALUE

01/09/2015 Default Balance 8500

01/09/2015 Default Balance 7500

Post Refrl Cr NIL

 

TOTAL 16000

 

What is the value of the claim? £17000

 

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

 

When did you enter into the original agreement before or after 2007? Both before

 

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. Account assigned to Cabot who issued claim in October 2016

 

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

 

Did you receive a Default Notice from the original creditor? Unknown

 

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

 

Why did you cease payments? Ran out of money so stopped DMP

 

What was the date of your last payment? June 2014

 

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? Yes, I was in a debt management plan from 2008 to 2014

 

 

I submitted my defence in November 2015, as follows :-

 

“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 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.

 

On receipt of this claim I requested by way of CPR 31.14 and Section 78 of the Consumer Credit Agreement Act 1974, copies of any documents referred to within the Claimants particulars to establish what the claim is for.

To date they have failed to comply to my Section 78 requests and remain in default with regards to my CPR 31.14 requests. Both requests were delivered by recorded post and signed for.

 

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

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to:

 

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

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

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

(d) Show how the agreements were legally terminated to allow the claimant to request relief.

 

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

 

On the alternative, as 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 Agreement Act 1974.

 

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

 

 

Yesterday, almost a year since I submitted the above defence, Restons have written to me threatening to Strike out my defence. A Credit Card Agreement photocopy from one of the Credit Cards has been attached to their letter, as well as a thick wad of computer printouts.

RESTON OCT2016 PAGE1.pdf

RESTON OCT2016 PAGE3.pdf

RESTON OCT2016 PAGE2.pdf

[dx100uk]

Until or unless they pay and lift the stay

Its willy waving

And of course they'll need docs for both cards