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MadKit

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  1. Just confirmed (I'm away) letter received from sols as below:

     

    We continue to act for the Claimant.

     

    Please find enclosed the Claimant's application for an extension of time and correspondence adjournment for the hearing listed 2x February 2016, which has today been filed with Court.

     

    They've also sent an Application Notice, as below:

     

    That the Coutt use it's Case Managemnt Powers under CPR 3.12(2)(a) and the overriding objective to grant a 60 day extension to the Order dated 1x January 2016 to allow the Claimant further time to obtain the necessary documents to evidence its claim, and a corresponding adjournment under CPR 3.1 (2) (b) to the hearing listed for 2x February 2016.

     

    The Order of DJ xx ...requires the Claimant to deliver to the Defendant (all the CCA docs)... The Claimant has advised this will take a further 6 weeks to obtain these documents. The Claumant is therefore unable to meet this deadline and requests that an extension of 60 days be granted under CPR 3.12(2)(a) and the overriding objective in order to assist the parties in keeping the costs in this matter as proportionate as possible.

     

    The Claimant also requests a corresponding adjournment to the (Case Managemnt hearing) under CPR 3.12(2)(a) and the overriding objective. Such an Order would allow the zclaimant to provide the documents to the Defendant, which will encourage further exploration of alternative dispute resolution options, will prevent any prejudice arising to other Court users by wasting the Court's time. And ensure that a just and fair outcome for both parties can be reached.

     

    This extension will grant the Claimant more time in which to obtain documents that it has requested from the original creditor and upon which it seeks to reply, and will encourage any alternative dispute resolution options.

     

    Tell me please I can fight this as they've had since the end of October to provide this documentation. Can I counter this Application? There is no dispute resolution, I don't owe this money. Please help!

     

    MadKit

  2. Sols have posted various dates in March and will see if I can load up the directions on Friday. I have witness statements I used before in the reclaiming bank charges days (dx100uk). I haven't had Cabot come after me before so this is all new to me. Posted a little while back on behalf of my sister and they had to drop both claims but they were for quite small amounts. This obviously is very substantial amount.

  3. Hi Andy, yes I received these documents - Notice of Allocation, Proposed Directions from sols but no trial date set yet. Have not agreed directions as no idea how to do that or what is needed in my witness statement.The case management hearing is set in 2 weeks time for them to produce CCA docs. They were also ordered to disclose these to me this week, so far nothing. I was waiting to see if they produce anything in the timeframe the judge ordered but not sure of next steps.

  4. My defence was as follows:

     

    The Defendant reserves the right to provide full particular of claim and an amended defence once the Claimant has supplied the documents they have been tasked to provide and has provided full particulars of this claim.

     

    The Defendant requests the court orders the Claimants to provide the necessary documentation in order for the Defendant to fully plead its case else the original Claim entered by Cabot Financial (UK) Limited should be struck out.

     

    As the Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

     

    The Defendant disputes the ownership of this debt however the Defendant will also be making a counterclaim against the Claimant should the debt be proved to be owned by the Claimant.

  5. Name of the Claimant ? Cabot Financial (UK) Limited

     

    Date of issue – 2x/10/2015

    What is the claim for –

     

     

    1.The Claimant's claim is for debt arising from Consumer Credit Act 1974 agreements.

    The Claimant is an Assignee of the following debts,

    notice of the assignment having been given to the Defendant in writing.

    Account no. XXX £21,xxx.xx.

    Despite demands for payment, the above sums remain due.

    The Claimant therefore claims the of sum of £21,xxx.xx interest under s.69 County Courts Act 1984 and costs.

     

    Halifax Personal Loan, claim that debt was assigned to them (Cabot) in 2008

     

    What is the value of the claim? £22,xxx

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

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

     

    Were you aware the account had been assigned – did you receive a Notice of Assignment? No

    Did you receive a Default Notice from the original creditor? Not that I can remember and certainly not since 2008

     

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, I don't think so

    Why did you cease payments? My understanding was loan was settled, I remember receiving a statement with a zero balance

    What was the date of your last payment? Unsure, sometime in early 2008 I think

     

    Was there a dispute with the original creditor that remains unresolved? I don't believe so, see above

     

    Did you communicate any financial problems to the original creditor

    and make any attempt to enter into a debt management plan?

    In 2006 I think, again it's so long ago and I was under the impression the loan was settled

  6. Hi everyone

     

    Quick review, received a court claim from Cabot claiming £21,000 plus for a loan I am sure I received a statement showing zero balance. As this was before 2008, not sure I have all the old statements but will be looking for these. I sent a defence form back online to say I disputed the full amount. Timeline below:

     

    First letter - xx/9/2015 - from Cabot solicitors - Wright Hassall - about this matter threatening court etc.

    Claim form - xx/10/2015 - County Court Claim Form from Cabot - the gist of this is:

     

    Debts... CCA 1974 agreements. The Claimant is the Assignee of the following debts, notice of the assignment having been given to the Defendant in writing etc.

     

    Court response to my defence, acknowledged and served on sols - xx/10/2105

     

    Second letter - xx/10/2015 - from Cabot themselves and because this is the most confusing part, they say:

     

    Thank your for your letter (SAR sent to them)

     

    We notice your change of name and have updated our records - the change of name was 5 and half years ago

    Unfortunately we have not been able to provide you with the requested information in the relevant time period. We shall continue to request the information...

     

    Your account

     

    Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgment or decree against you in Court etc.

     

    Third letter - xx/12/2015 - from Cabot solicitors - Wright Hassall - they dispute defence etc. go on to say that they have a payment on record of £1xx.xx They state that the debt was assigned in 2008, I have no record of this.

     

    Fourth letter - xx/1/2016 - from Cabot solicitors - Wright Hassall + Directions Questionnaire for Fast Track and Multi-Track filled in and Draft Directions

     

    Notice of Transfer of Proceedings to my local court - xx/1/2016

     

    Notice of Allocation to Fast Track - xx/1/2016 and court date in February, and the wording below.

     

    There will be a case management conference on xx February ....

     

    Phew, sorry it's such a long note but wanted to get everything down and xxd out the dates. I have a couple of questions.

     

    1. If the credit agreement is unenforceable, in their words, why are they pursuing this?

    2. What happens if they don't supply the documents in the time stipulated as the judge has ordered?

    3. As they say the debt was assigned in 2008, isn't this statute barred under the Limitations Act 1980?

    4. What do I need to do for the case management hearing? Very worried about this.

     

    Any help very gratefully accepted.

     

    Thanks!

  7. Thank you for your advice.

     

    No I was going to do CCA request now along with the CPR 31.14, is that the right thing to do?

     

     

    Also, how do I respond to this defence or do I just say in order to respond I need the documentation they have been tasked with producing?

     

     

    I know they delayed sending this defence out in order to eat up time

    so don't want to run out of time and have the court say they've decided to strike out the counterclaim because we haven't responded in time.

  8. Thank you SabreSheep. To answer your questions:

     

    "We sent off for DPA subject access on 11 October 2011 by registered letter but received nothing back. How do we respond to this?"

     

    It is a bit late to be trying to chase that particular subject access request. My feeling is a new one would need to be sent. Did they cash the "£10 fee?" - Yes they did cash in the £10 fee, we have the original letter and proof of posting too.

     

    For any counter claim you will need the exact figures for late payment charges etc and statements. (To be put in a bundle when the time comes) and also the interest rate the OC charged at. We have all the original bar two but have worked out what the charges were on the missing two statements. The charges are all detailed in an Excel spreadsheet along with the 8% stat interest ready to be sent to the court. Do you think we should send this now?.

  9. Cabot Financial have sent two claim forms now.

     

     

    The first claim form was for a very inflated amount on a debt they said they now owned.

    We sent back a counter claim and a request for Mediation.

    The next thing we received was a letter saying the claim was being withdrawn and asking for our agreement.

     

     

    We sent back a letter saying we agreed to this with the following terms:

     

    The claim and the debt associated with it could not be claimed for again

    No further action could be taken in any form by Cabot Financial or the original creditor

    Any adverse credit notices or entries would be removed from all credit agencies

     

    Nothing further on that one and claim was stopped.

    Two weeks later another claim form for a catalogue account for which there was no balance owing to actual purchases.

    The balance on the account is made up of Late fee and over limit charges, 3D PPI and CCP charges.

    This alone is more than the "balance" with statutory interest applied, the total is more than £1100 what is "owed".

     

     

    We submitted a counter claim along the lines of the first one and they've come back with the most confusing defence I've ever seen.

     

    1. The Defendant disputes the full amount of the claim but does not provide full details.

    For the avoidance of doubt, the content of Defendant's Defence is denied.

    The Claimant asserts .... agreement etc etc.

    The agreement was assigned to Claimant on xx/03/15

    The Defendant is liable for the outstanding balance in relation to the agreement.

     

    2. The Reply is repeated and the Claimant/Part 20 Defendant denies and disputes the Counterclaim.

    The Defendant/Part 20 Claimant has failed to particularise in the Counterclaim how the amounts state have been calculated.

    In the circumstances the Claimant/Part 20 Defendant is unable to file a detailed defence beyond that set out herein.

     

    3. The Claimant/Part 20 Defendant denies the Defendant/Part 20 Claimant is entitled to the amounts claimed.

    It is understood that charges applied in respect of this matter were incurred in accordance with the Agreement's terms and conditions.

    Further, it is denied that such amounts should be sought from the Claimant/Part 20 Defendant.

    ...Claimant assigned agreement from original creditor..

    . The Claimant/Part 20 Defendant was assigned the benefit of the contract.

    Therefore the Defendant/Part 20 Claimant should raise the issue of charges with ..original creditor.

     

    4. Accordingly, the Claimant/Part 20 Defendant's position is that it can have no liability to repay any sums in respect of charges

    and any queries regarding charges must be directed to ... original creditor

     

    5. The Claimant/Part 20 Defendant requests that the counterclaim be struck out pursuant to the court's case management powers

    contained in CPR Part 3 for the reasons set out above.

     

    We sent off for DPA subject access on 11 October 2011 by registered letter but received nothing back.

    How do we respond to this?

    Should we send off a CPR 31.14 request to Cabot?

    Or do we need to detail the counterclaim by sending copies of the calculations

    and all the account statements to the court?

     

    One thing really confuses me,

    they were assigned the "benefits of the contract" but says we must address any charges

    (the whole balance is made up of charges) to the original creditor.

     

     

    What do we do now please?

  10. Name of Claimant - Cabot Financial (UK) Limited

    Date of issue – 8th September 2015 – issued counterclaim, defence dated by Mortimer Clarke Solicitors 14th September, received 18th September.

     

    What is the claim for (verbatim) –

     

     

    1.By an agreement between original creditor & the Defendant dated xx/xx/2003 (“the Agreement”)

    original creditor agreed to issue the Defendant with a store card.

    The Defendant failed to make the minimum payments Due & the Agreement was terminated.

    The Agreement was assigned to the Claimant on xx/03/2015.

     

     

    THE CLAIMANT THEREFORE CLAIMS 1. 2xxx.x0

     

    What is the value of the claim? 21xx.x0

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

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

    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. Debt Purchaser - Cabot

    Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware and as far as I know not received

    Did you receive a Default Notice from the original creditor? No

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

    Why did you cease payments? Waiting for SAR which was not received, in fact they took the £10 fee for full disclosure and applied it to the account instead.

    What was the date of your last payment? 1/09/2010

    Was there a dispute with the original creditor that remains unresolved? Yes, made a SAR to original creditor which they never responded to, see above.

    Did you communicate any financial problems to the original creditor

    and make any attempt to enter into a debt management plan? Yes and was making payments on this plan and asked for SAR.

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