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Court Claim received - cabot - old halifax credit card***Resolved by Tomlin Order***

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Hi all,

 

Have received court claim from Cabot via their Solicitor's.

It is for a Halifax credit card dating back to 2004 approx.

I've acknowledged service and now need to see sight of what docs they possess for my defence.

 

 

 

Their POC is vague and doesn't mention that it is a credit card debt

Fails to mention any account no or any credit agreement-just that the debt was purchased from Halifax and states the amount of debt but fails to indicate if it was a loan,overdraft or credit card.

But states that the debts are regulated by the CCA 1974(the Act).

 

It goes on to say Default Notices were served in accordance with section 87(1) but the defendent has failed to pay the sum due.

 

Am I right in that I cannot request a copy of the agreement via CPR 31.14?

Is there another CPR request I should send instead?

Should I just send a CCA request to see if Cabot have a copy?

 

Or do I just ask for the Default Notice,letter of Assignment and deed of Assignment?

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Can you post up the POC details and approx value of the claim.

 

Then hopefully tomorrow you will get some replies to guide you.

 

I have seen other Cabot posts for similar claims and they have started a new way of trying to get CCJ's, using a vague POC wording. So it may be worth searching CAG to see what has been said.

 

Do you know when you last made any payment towards this debt ?


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You may possibly find this useful if the particulars are vague - http://www.consumeractiongroup.co.uk/forum/showthread.php?160703#post1721582


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thanks for your replys.Will have a read of that link 42man.Thanks.

 

Here are the POC's-

 

"Claimant purchased a debt from the following(current balance is also shown)

 

Halifax £6,xxx

 

These debts are regulated by the Consumer credit Act 1974(the Act)

Default notice(s) were issued in accordance with section 87(1) of the Act but defendant has

Failed to pay the sum(s) due.

 

The claimant therefore claims the sum of 6,xxx plus costs.

 

Claimant also claims statutory interest pursuant to s.69 of the County Court Act 1984

from date of issue to date of judgement,or sooner payment."

 

Would appreciate your advice and expertise on what to do next.Have acknowledged service indicating I will fully defend.

 

I want to get a CPR letter off ASAP.

Am I correct in thinking that I can't request the agreement only the Default Notice and letter of Assignment?

 

The account has not been paid for almost 3 years.

 

Thank you.

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Correct you could also mention statements for the duration of the account too..send the CPR letter off recorded delivery.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Is there not even an account number recorded in the P.o.C or have you left it out intentionally?

 

Regards

 

Andy


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Is there not even an account number recorded in the P.o.C or have you left it out intentionally?

 

Regards

 

Andy

 

Thanks for the replies.Really appreciate all your help.

 

No,there was no account number mentioned on the claim form. Not sure how this affects my defence.

 

Should I still cca Cabot for sight of an agreement?

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" Should I still cca Cabot for sight of an agreement? "

 

Yes and CPR 31.14 for anything else referred to the particulars.

 

Andy


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Thanks Andy and 42man.

 

CPR letter and CCA letter going in post tomorrow.

 

Should they both go to Cabot or their Solicitors who have indicated their address for sending docs on the claim form?

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Just realised I'm using my partner's login as they were online earlier incase you are confused!

Babymoll

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I would send them to their Solicitor.

 

Thanks Andy. That's what I was thinking but didn't

know for sure.

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Hi all,

Urgent advice needed!!!!!!

 

Well........Cabot's Solicitors have finally responded to my CPR 31.14 request four months on.!!!!!!!

They kindly put my case on hold whilst they collected the documents I requested and offered me 14 days to file my defence upon receipt.

 

They posted out-

 

A letter from Cabot stating they have bought the account.

An illegible application form with no prescribed terms

Some statements,not ALL!

Some terms and conditions which they describe as Original and Current terms and conditions

Notice of Arrears

Redacted Deed of Assignment

Redadcted Action history

 

They FAILED to enclose a copy of the default notice and state in last paragraph of cover letter "we can confirm that a default notice (that we believe to have been compliant with the relevant legislation) was issued on xx /xx/20xx.While a copy of this letter was not retained by the bank contemporaneous information stored electronically relating to default notice was maintained. Not withstanding this, the balance is still due and owing by way of arrears".

 

Luckily, I have the ORIGINALl default notice with an issue date that totally conflicts with the date their solicitors mention in the above quoted paragraph of their letter and it is also a flawed DN as it does not give me enough time to remedy.

I have only a few days now to file a defence in response to my CPR request.

 

Should I be submitting an embarrassed defence as they have failed to supply default notice, mentioned in their POC or should I be going for my defence based on the invalid default notice and the illegible CCA? I only have a handful of days!!

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Its a full particularised defence now babymoll based on what has been disclosed...if you scan in after cleansing what has been provided for other to view?

 

Regards

 

Andy


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Ok Andy,will get relevant docs uploaded shortly.

 

 

Having a read around of defences and there are a load of embarrassed defences on the forum so i'm struggling with formatting a fully particularised defence.

 

It will be built around an invalid dn,not allowing enough time.Their solicitors also quoted a conflicting date of issue to my original DN.So they clearly have no idea when the DN was issued.

Should I make them aware of this in the defence??

 

Can Cabot resolve the invalid DN issue or not?

I had read somewhere that an invalid DN can only be reissued by OC???!! Is this the case or not?

 

An assigned debt wherby I never received a notice of Assignment and certainly not delivered by Registerd post.Although their solicitors have provided a welcome letter from Cabot saying they own the account.

 

Do I mention the vague POC and how?

 

Also, can I mention the illegible cca with no prescribed terms supplied from CCA request eventhough it is only described as a debt in their POC?

 

Any help with this would be massively appreciated as only have a couple of days to submit or any links to similar threads would be great.

 

Thanks in advance

babymoll

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[ATTACH=CONFIG]43776[/ATTACH][ATTACH=CONFIG]43777[/ATTACH]

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Cabot welcome letter-:Notice of Assignment

 

7ec36aa1-0345-493e-990d-31c72b290bf6.jpg

 

Alleged CCA-

b88ca3d3-f513-4f75-9232-726d01a2e2c9.jpg

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Hi

 

Could anyone advise on questions I have posted above? The clock is ticking for my defence.

 

Thank you

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Could you post up the defence you have already submitted babymoll.

 

Regards

 

Andy


We could do with some help from you.

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Hi Andy,

 

No defence has been submitted.

 

After my acknowledgement of service and request for docs under Part 31 CPR and s 77/78 Consumer Credit Act 1974,their Solicitors wrote to me saying Cabot would be requesting docs from the Original lender and continued with-

"As we are unable to confirm when we shall receive these documents at this time we have been instructed to allow an extension of time for you to file your defence until 14 days after we have served the relevant replies to your requests upon you."

 

So no defence as yet has been filed.

 

Regards

Babymoll

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So you have 14 days to submit your defence from receipt of disclosure ...what date did you receive the docs?


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Their letter is dated the 2nd of May and despite not receiving their disclosure docs until the 7th May() after Bank Hol weekend,they are expecting my defense by the 16th May or they will go for judgement.

They haven't allowed me any time for the service of docs.

 

Hence why I'm panicking a bit now with submitting my defence!

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On the recon DN whos company name is covered up......Halifax?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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