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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

OldDebt_Weary

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Everything posted by OldDebt_Weary

  1. OldDebt_Weary
    Hi everyone, Today I have received 2 letters from Cabot: "Unfortunately, Cabot has not been able to provide you with the requested information within the relevant time period... ...Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter, and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with an existing plan" Yeah, you wish! I guess this means I can expect communication from the court advising me the claims have been stayed, once the 28 days from me filing my defence have elapsed. I want to thank everyone here who has helped me on this case. I was going to cave in and simply go along with the claim but you persuaded me otherwise. It has been much appreciated!
  2. OldDebt_Weary
    They told me the bar ought to be lifted this pm, but just in case I think I should send both.
  3. OldDebt_Weary
    I just rang CCBC and apparently there is a problem with their system. However, they gave me their email address so I can email the defence to them for both cases.
  4. OldDebt_Weary
    I logged on again and noticed the following message on the Fashion World claim page: "A bar has been put in place on this claim. You cannot respond to the claim at this time." If this thing is still live, how am I supposed to enter my defence?
  5. OldDebt_Weary
    I've just been to the MCOL site and logged on ok. Only Fashion World is listed in claims made against me and when I try to log in to either case, the Claim No. and password are both rejected as being wrong. Am I to conclude anything from this do you think?
  6. OldDebt_Weary
    Yes, that's excellent! I will substitute that. Thank you very much indeed Andy.
  7. OldDebt_Weary
    I'm not sure what I should say here.
  8. OldDebt_Weary
    Here is the main text plus an item 2 which I hope covers the fact that no notice of debt assignment has been received by me: 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. 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by a Section 78 request. 2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; 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. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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. 5. On the 13th August 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  9. OldDebt_Weary
    Thanks Andy, sorry I think I know what to put in response to that. I appreciate your help in getting this right.
  10. OldDebt_Weary
    Thank you very much Andy.
  11. OldDebt_Weary
    Hello again, I have put together a defence based on other posts I have seen here. Could anyone comment please to see if it makes sense? Many thanks. Particulars of Claim 1.The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Simply Be dated on or about 21/10/2007. 2. And assigned to the Claimant on 13/01/2012 in the sum of £339.86 £339.86 + costs = £424.86 Proposed 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 CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by a Section 78 request. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; 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. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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. 5. On the 13th August 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  12. OldDebt_Weary
    Many thanks. I shall figure out a suitable defence wording and then run it past you if I may.
  13. OldDebt_Weary
    Thanks Brigadier. If I am to defend this, I have until midnight on 7th Sept to do so, therefore I don't have much time to wait for them to do something. Any suggestions, could I email them and ask what they plan to do?
  14. OldDebt_Weary
    Thanks for that. So should I still mount a defence or should I write and ask them to withdraw the claim?
  15. OldDebt_Weary
    Hello again. I have today received an interesting letter from Cabot. I will quote the relevant bit: "....The 12 day timescale is the period of time before the account becomes unenforceable. So after 12 days the debt is unenforceable until we provide you with the relevant documents. It should be noticed however, that while your credit agreement is unenforceable, you are still obliged to repay the outstanding debt. The unenforceable status means we are not permitted to obtain a judgement or decree against you in Court" (emphasis mine) Have they just shot themselves in the foot here or is this some clever ruse to still take it to court? Should I write requesting their withdrawal of the Court action or what should I do? Thanks.
  16. OldDebt_Weary
    Thank you both. Whereabouts in the CCA 1974 does the 12 + 2 days get stated, so I might quote this back to Cabot? The 40 days is for an SAR, nothing to do with CCA, am I right? Should I point this out to Cabot? DX, I am still not sure what the defence wording should be. Can you point me to some template or similar case on this forum where I can get this right? This letter from Cabot suggests to me that they clearly have many such requests and thus may also have a well- rehearsed claim that they use if, as is probably more likely than not, they have nothing to back their claim up with. I find this worrying.
  17. OldDebt_Weary
    Thanks Brigadier. Why do they claim to have 40 days in which to do this?
  18. OldDebt_Weary
    Hi. I have today received 2 identical letters from Cabot. This is what they say: "Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. Hoever, we have requested the original information under Section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender. "What happens next. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain the information within those time limits, we will write to you again. "Contacting Cabot If you have any queries about your account please call etc. etc" So what do I need to do about these letters? Are they merely continuing this bluff or do they really mean business here? Is this something I have to add to my defence? They claim they have 40 days in which to allegedly find the information, how does this affect the court hearing? Any help here would be much appreciated.
  19. OldDebt_Weary
    Hi DX, yes, I posted them last Saturday by special delivery so they should have received them Monday. We'll see what happens.
  20. OldDebt_Weary
    Sorry?
  21. OldDebt_Weary
    Thanks I understand. if it comes to day 33 and I have had no reply to the CCA letters, then I would have to word the defence differently if the 14 days haven't expired by that time, that is, the defence would not be as strong if the expiration had not occurred? Whereas, if the expiration HAD occurred I could state that within the defence, adding weight to it. However, as I do not recall ever signing any credit agreement in either case, then they will hopefully admit they don't have it and withdraw. Excuse my ignorance over this whole process. This is invaluable information you are providing me with and I greatly appreciate it.
  22. OldDebt_Weary
    DX, I should have the printer cartridges in the morning. So you are suggesting that Cabot will drag their heels over providing the CCA, which seems entirely possible. If I do not get a reply within the 33 days, what would happen?
  23. OldDebt_Weary
    Sorry DX, getting myself confused! I get it now. The only problem I have is that my b**** printer has decided that now would be a good time for its cartridge to run out! I should be able to replace in a couple of days but I shall get the stuff ready to send anyway. Thanks for all your help.
  24. OldDebt_Weary
    Thanks DX, I have the £1 postal orders but finding money for CCA requests is impossible right now - I just do not have it. Can you clarify - which letters do I NOT sign? Also, where might I find an example of what to write for my defence?
  25. OldDebt_Weary
    I will let you know when these are done, using the templates you pointed me to. Do you want to see the actual letters first? Now I think about it, I'm not entirely sure what to actually write for the defence in both cases. Is there a template for that I might use? Sorry for all the questions, I have never contested such a claim before.

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