dx

Not heard a thing from either Cabot or Restons ??

How do I go about chasing it up - or do I just sit & wait?

4pm Friday 23rd you must file your def

until then read around the cabot/reston threads in this forum

dx

dx

Would you believe it

- today a letter arrives

- see attachment below.

I think I have seen these letters around certain Restons threads?

Any comments as to what I do next as I still await a reply from Cabot regards CCA request?

Going to def

need assisting in filing a def (please)

- but surely will have to have received a response from both parties first?

no att?

here

seems a typical template reply.

they did mention a contract, which wld ord'y be a 'document' re a cred card?

but, no worries, you tried. they will still have to disclose/show in due course, partic as is prior to 07

I think I have seen these letters around certain Restons threads already- anyone else seen them?

Any comments as to what I do next as I still await a reply from Cabot regards CCA Request?

usual rubbish to frustrate a defendant.

nothing changes.

dx

....

 

Any comments as to what I do next as I still await a reply from Cabot regards CCA Request?

stick to court timelines.

if they dont respond/comply with yr cca request then mention that in yr defence

seems a typical template reply.

they did mention a contract, which wld ord'y be a 'document' re a cred card?

but, no worries, you tried. they will still have to disclose/show in due course, partic as is prior to 07

just seen your reply Ford- apologies for asking a already answered question !

just seen your reply Ford- apologies for asking a already answered question !

no worries.

i dont see any point in writing back to them re 31.14,

they clearly dont want to oblige for whatever reason. and, that seems evident in their template particulars,

which seems designed to avoid such requests.

they do though have to comply with a cca request. no poss court enforcement until so.

and, if it continues, they will still have to prove their claim,

and satisfy the then s127 (3) (4) con credit act, in due course.

, if it continues, they will still have to prove their claim, and satisfy the then s127 (3) (4) con credit act, in due course.

Can you expand on this point please Ford ?

they'll need the signed agreement to proceed

they MUST send it to you in 'good time'

if they have it.

stick by your timeline of: 4pm Friday 23rd you must file your def

dx

they'll need the signed agreement to proceed

I`m assuming `they` we are referring to here is the Claimant - Cabot & not Restons

either

dx

Received letter from Cabot- stating that they will apply to Llloyds for a copy of the CCA- but this may take up to 40 days.....

Do I reply to them or Restons at this stage ?

why?

dx

why?

 

 

dx

So what you are saying is let them keep searching

Hi Guys

Check out my proposed defence please

Particulars of Claim:-

1.The Claimant (Cabot) claims payment of the overdue balance due from the defendant under a contract between the Defendant and Lloyds Bank dated on or about XXXXX 200X.

2.And assigned to the Claimant on XXXXXXX in the sum of XXXXXXX

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 denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract').

On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for 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/CPR 31.14 request for a copy of the contract as stated in the Claimants Particulars of Claim. As such the Claimant remains in default, on which their claim is based and as such are unable to request any relief until compliance.

3) I am unaware of any legal assignment or Notice of Assignment allegedly served in 2013 or from either the Claimant or Lloyds Bank

4) 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 requested by CPR 31. 14, 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 Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6). 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 Act 1974.

8. 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.

Just not totally sure if this is tailored & whether I will need to mention a request for the proceedings to be stayed at this stage based on lack of paperwork ?

Also not entirely sure if its 4pm today or tomorrow- final date for submitting my defence?

Only have time now to give you brief response, I'm afraid.

Issue date 22.12 means must submit defence by 4 p.m. today 22.1 to be received tomorrow.

Your defence is broadly appropriate for your case but contains some repetition which you should remove [eg wrt CCA / CPR] and could do with some other tidying up.

Whilst waiting for someone else to help you later, see if you can make a start on it yourself.

No, don't need ask for stay within the defence.

Apologies for my not being able to hang around now.

Anyone to help then tidy it up ?

"Issue date 22.12 means must submit defence by 4 p.m. today 22.1 to be received tomorrow. "

dx

is this correct- got to be submitted today ?