1970 vc Cabot YES, THEY ARE TAKING ME TO COURT

[1970]

Hi Tomterm8,

I'm going to use your wording in post #28.

I'm also thinking of adding a note in regard to the fact that they admit in their recent letter they are not the creditor and therefore the claim should be struck out.

Good idea?

1970.

[tomterm8]

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[1970]

Was just about to submit my defence online. I was going to add the following to the text already provided by your good self:

******************
7. The claimant admits it is not the creditor in a letter to the defendant dated 15th May 2007.

8. Therefore, the defendant requests that the claim is struck out on the basis of point 7 above. In the alternative, in addition to asking the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925, the defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts the amount claimed.

**********

What I'm trying to achieve in point 7 is that if they admit they are not the creditor how can they make a claim. If the court doesn't agree then I want point 8 to be taken into consideration.

1970.

[tomterm8]

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[tomterm8]

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[1970]

Good letter. Should I still submit my defence in the meantime? Date of service was 2nd May.

[tomterm8]

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[1970]

Just rang the court - I have until the 4th June. So if I send the letter special delivery for guaranteed next day delivery tomorrow I can give Cabot 10 days to comply as I'll have 13 days in total.

I could have my defence written up as the court have given me the direct fax number for defences.

If Cabot do not comply with the CPR letter I assume this would add another point to my defence?

1970

[tomterm8]

I am no longer welcome on CAG

[1970]

Yes, it's a working day. Thanks for you help my friend.

I'll keep you updated.

1970.

[1970]

Here's a copy of my letter sent on the 22nd May 2007 and received by Cabot on the 23rd May by special delivery.

Dear Sirs,

I have received the Court claim filed by your Company.

To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith.

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

This letter supersedes the Data Protection request made to on the 3rd May 2007. The information must be furnished by the 1st June 2007, which gives you ten days to provide what has been requested.

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours faithfully,
1970

I guess I should prepare a defence for the court as their deadline ends on the 1st of June and I must reply to the court with a defence on the 4th June.

I shall use the basis of the previous text provided on this thread and also the content of this letter.

Cheers,
1970

[1970]

2 days to go and no documentation from Cabot...

[1970]

Still nothing from Cabot.

However, I CCA'd one of the credit card companies in this Cabot claim directly and today they replied with a photocopy of the last page of the application/agreement form - the part that shows my signature. I was surprised they still had it as it is dated 2000.

I'm still waiting for Cabot to produce it as per my recent letter.

Anyway, firstly I assume this is not a properly executed credit agreement as it only has my signature on it.

Also, under the signature section it says "I agree to any information about me being used in accordance with condition 16 of the terms and conditions."

In the envelope was a copy of the terms and conditions and funnily enough there are only 15 sections.

The balance of this account was sold to cabot for £1069.60 in March 2002.

However, as part of the claim described in this thread, Cabot are claiming £1710.66 + court costs.

Also, the credit limit on the card was £750 so somewhere along the line over £1000 has been added to the debt.

Jokers.

1970.

[tomterm8]

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[tomterm8]

I am no longer welcome on CAG

[1970]

Hi,

Defence faxed to northampton court today thanks to the very splendid help of tomterm8.

The original document is on my laptop so I'll email it to myself and post it here a little later.

It's good. Very good indeed.

By the way, nothing in the post today either. I feared there would be a package from Cabot just on the day I send in my defence.

1970.