TLTS vs Cabot Court Summons Defence Wording

[toolongtooshort]

Hi all,

 

New to the site, and after a little bit of advice.

 

To summarise:

 

Received a Court Summons from our friends Cabot re two 'alleged debts'.

 

Have no knowledge of 'alleged debts'. Sent two letters by Recorded asking for true copy of agreement, deed of assignment and statement of account with the relevant £1 fee for each 'alleged debt'.

 

Received back interim letters stating response to 'alleged debt' A "have contacted original creditor for archived agreement" and response to 'alleged debt' B "we should be able to send it within 12 days if not will write again."

 

The 12+2 days have passed for both A & B and no documentation have been received, nor follow up holding letters. So are in default.

 

Have checked credit files with relevant sites and all clear, no record of any connection with the two companies 'alleged debt' or Cabot apart for a 'unrecorded enquiry' on the 25th September by Cabot.

 

Have completed acknowledgement of service and now about to file the defence statement. This is where I require a bit of your help.

 

What is the best way to word it, should I be quoting CCA 1974 and the Limitation Act 1980 (although I don't know when this 'alleged debt' originates from or date of debt?) Should I ensure the court knows that I requested the agreement yet Cabot have failed to produce within the 12+2?

 

The way I see it is that there is no true copy, no evidence that the 'alleged debt' is connected with me. No defaults, CCJ or anything on my credit file.

 

I have read a couple of other threads where Cabot have taken someone to court and a defence that can be used has been posted on here, can these be adapted to suit my case or am I having to start from scratch.

 

Thanks for your help.

[djdave]

At the moment your defence is that Cabot have never supplied any proof of these alleged debts. You can't claim they're statute barred as you don't know what they're for (yet).

 

Thinking aloud, would it be considered vexatious to start court proceedings without ensuring you had copies of these agreements first?

 

Don't worry about the CCA request so much now, you've got a right under CPR to see what Cabot are relying on.

[Seahorse]

Read Elizabeth1's thread for an idea of just how basic a mistake Cabot are making by taking an unenforceable debt as far as court.

 

They obviously have money to burn.

[elizabeth1]

Try this thread - my husbands issues with Cabot are very similar - this may help you

 

 

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

[toolongtooshort]

Thanks all for the advice and comments.

 

Have filed defence and the main basis on the ground they have to prove the 'alleged debts' are in any way connected to me plus advising the court that they are already in default as to supplying CA, DoA and Accounts.

 

I await their response and look forward to becoming another member of the fan club.

[toolongtooshort]

Just an update.

 

'alleged debt' A - Sssssssssslience!

 

'alleged debt' B - Despite stating they should be able to provide all the information within 12 days, they failed! Now received a letter informing me that the OC is experiencing delays in finding my alleged CA from their imagination and it might take them some while to hunt around within the space between their ears to find it.

 

Cabot kindly informed me of how many days have passed since my request. How nice of them to save me from having to work out the days! Do you think they might be kind enough to let me know when they commit the 12+2+30 criminal offence date, and report themselves to TS to save me having to do it.

 

They really are a two bob bit company and spoil the green gardens of lovely Kent.

 

We wait..........................

[Seahorse]

[toolongtooshort]

Just an update.

'alleged debt' A - Stilllllllllllllllll Sssssssssslience!

'alleged debt' B - Apart from the last letter advising me the OC are having issues finding my 'alleged debt credit agreement' from their imagination, nothing since.

Both CCA requests have now passed the 12+2+30, without Cabot being able to supply one piece of evidence that I ever had a debt, yet alone a credit agreement with said companies.

As they are taking me to court and the court have advised that Cabot have until early next month (don't want to give too many details away!) to provide the court with their evidence, and have now committed a criminal offence for failure to supply the requested documents.

I think it's now time to

1) Advise Cabot that they have indeed defaulted on XX/XX/XX and have now committed a criminal offence on XX/XX/XX.

2) Advise TS that Cabot have committed the above as point 1.

3) Send an update to the court advising them of Cabot on point 1.

Some questions.

Re point 1) - Is there a template letter for this, did have a quick hunt around here?

Re point 2) - As I understand it, TS should be advised if Cabot still request payment after the 12+2+30, but I see it as Cabot currently have an open case with me, I feel this is good enough to suggest they are still chasing. Am I correct?

Re point 3) - Do I have to send a copy to Cabot of what I am going to send to the court re: their criminal offence in failure to provide documentation vital to this case and my defence?

Thanks as always.

[shane5408]

Hi,

 

A little confused from your posts, has the court ordered Cabot to provide a copy of the agreement?

 

I wouldn't bother writing back and telling Cabot they have comitted the summary offence, just contact your local trading standards and let them take it up on your behalf.

 

Have you received any Notice of Assignment and did you request full disclosure under CPR?

 

When do you have to file a defence by?

 

kind regards,

shane

 

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

[toolongtooshort]

Hi shane5408,

 

Defence was filed last month.

 

Court have sent Cabot copy of defence and given Cabot 28 days to response should they wish to proceed. This expires shortly, if no response case stayed.

 

Cabot have failed to provide any documents. no CA, DoA, Accounts, yet alone a completed application form. The 12+2+30 have now passed.

 

Would rather the court have the case struck out than stayed, is the reason why I'm asking whether it would help if I informed the court that Cabot have now committed a criminal offence and have been reported to TS.

[Seahorse]

Did you ask for standard disclosure of these docs, or are you still waiting for Cabot to respond to your CCA request?

 

Might be worth a word with the court to say that you are relying on these documents in your defence, and Cabot have so far yet to respond.

[Edz11]

I've PM'd you toolong...

[toolongtooshort]

I've PM'd you toolong...

 

 

Thanks Edz11, have replied.

[toolongtooshort]

Did you ask for standard disclosure of these docs, or are you still waiting for Cabot to respond to your CCA request?

 

Might be worth a word with the court to say that you are relying on these documents in your defence, and Cabot have so far yet to respond.

 

Seahorse,

 

Yes sent the standard CCA request, which all deadlines have now passed, and only received a 'holding' letter back from them stating they have contacted the OC for the documentation. You know the standard templated letter that everyone gets.

 

That's what I am thinking, send a letter to Cabot telling them that they have now committed a summary offence. Advise TS of this also. And send a letter to the court advising them too, plus informing then that I have now reported Cabot to TS.

[toolongtooshort]

Contacted the court today, and they haven't received any response from Cabot. Which doesn't surprise me one bit, as they have failed to provide the requested information to me in time, so why should they supply to the court.

 

Just adds more power to the defence that the claim be struck out rather than stayed. Which I will advise the court as soon as their deadline for responding has passed.

 

Cabot are so bad at achieving success I've heard that they are lining up Steve Mclaren for the CEO role :grin:

[Seahorse]

 

The way things are going, I think you'll turn up in court, and Cabot will have "forgotten" to send anyone. ALthough I'm dying to see which poor local brief they send without any preparation this time. It really must be embarrassing to turn up, with no idea what you are supposed to be doing or any suport at all from Cabot, and be expected to win a case. But I suppose Cabot pay their solicitors no matter what, so it'll be a quick in-out-here's your bill, Ken sort of affair.

[toolongtooshort]

As I predicted, Cabot have failed to provide the court (or me) with any evidence or confirmation that they wish to proceed with the claim. Therefore the case is now stayed, and Cabot will need to obtain a court order, if they want to continue with the claim, and have to explain to the judge why they failed to provide in the first place.

 

I knew all along that they were chancing their arm on no defence being entered and getting judgement by default and there was nothing on my credit files or that I had anything to do with the companies mentioned.

 

I want to follow this up now and report them to the relevant bodies to hit them further in the pocket apart from the £240 they have just wasted on court fees.

 

I've heard nothing from them apart from the initial response acknowledging my CCA request and one holding letter.

 

What letters and bodies do you guys now suggest?

[Edz11]

you could apply for judgment...

[Seahorse]

HOHO. Cabot have either...

 

a) Come over all realistic, or

b) Thought you wouldn't have the balls to take them on.

 

Any other suggestions?

[toolongtooshort]

Seahorse,

 

Think I will now invoke their complaints procedure to start with.

 

Will demand that the failure to provide the court with any repsonse proves without question of doubt they were attempting to achieve judgement by default, and therefore the stress and time involved in obtaining credit reports, understanding my rights, learning the details of the CCA 1974, my cost to send a CCA request which will include electricity, paper, ink, petrol, envelopes, postage. Plus the need to use the internet to file my defence, should now be compensated.

 

However I will give them the option to correct if they advise myself and the court that they are never to proceed on this case and attempt to remove the stay that they couldn't even provide a application form for, which they normally send to everyone else, trying to fob off as a CA!!

 

So could I have some balloons on my thread, and thank you guys for all the help, support and interest.

 

Thanks for the fun Cabot

[toolongtooshort]

Well since the last letters from Cabot were mid November advising that we don't have your CCA but have requested in from the Original Creditor, I had no further contact until today. Although the court ordered them to reply if they wished to proceed with the case after being informed of my defence by early December, which they failed to do and thus case with stayed.

 

The letter today advises me that they have been advised by the original creditor that no CCA can be found and that no further attempt at collection will take place on one of the alleged debts

 

Well bully for them, the fact is I never had an account, or that they ever sent me any docs to prove otherwise, but had the front to try and pass a judgement against me stinks.

 

Keep fighting everyone, know your rights, make them prove.