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

[citizenB]

If they have sent the NoA, then yes that should be removed.

 

Are the missing statements from the beginning of the history or part ways through ?

 

Have you been asked to submit documents with this defence ? I thought they were usually required with Witness statements. I am sure Andy will advise.

 

I guess you could amend 4 to read..

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the amount claimed is genuinely owed.

 

 

andyorch is not online at the moment - but he will look in as soon as he is

[babymoll]

Hi CitizenB,

 

Thankyou for your advice.

 

Missing statements are from the beginning and photocopies received don't have any interest rates showing. On most I am paying 4 different figures of interest as well as late fees.

Then when I was unable to pay,it jumped to 5 different figures of interest. Crazy.

 

Have not been asked to submit docs,just to file and serve amended defence.

Claimant was ordered to to submit docs,I'm guessing as

their original POC was so vague.

They basically submitted all the same docs that they sent in response to my CPR 31.14 request that took them months to retrieve.

No DN was included.

 

Yes,I will amend point 4 to your suggestion

.

regards

babymoll

Edited September 12, 2013 by babymoll

[babymoll]

Sorry just to refer back to the NOA.

 

They have only just provided this.

I have no such document

with all my paperwork and do not recall receiving it apart from a Caboot welcome letter.

So unsure if this should be mentioned in defence?

 

regards

Babymoll

[AndyOrch]

Excellent baby

 

 

4.Remains as stated as this is the defence in response to their Particulars

 

With regards to the NoA...disclosure is after the event..... at the time of the summons they had not...so it stays.

 

Regards

 

Andy

[babymoll]

Andy,thankyou for having a read over and again thankyou for all your advice.

 

Re the NOA-I meant that I never received it at the time of Assignment.

They provided it in response to my CPR 31.14 and also attached it to their new POC'S so should I not refer to it in my amended defence?

 

Also should I include 3c?

 

Regards

babmoll

[AndyOrch]

Disclosure after the event does not justify their actions to litigate on its absence in the first place...assuming you are content with its contents and form I would still refer to it because at the time of assignment you had not been furnished

with it...its not a showstopper but it adds to your defence and affords you the opportunity to point out the flaws in their actions.

 

Therefore 3 c remains they still have to prove that it was served at the time of assignment.

 

Regards

 

Andy

[babymoll]

That's great,I understand now.

 

Thanks again

babymoll

[babymoll]

Hi Andy,

 

I have today received a Without Prejudice save as to costs letter from Caboots Solicitors!

 

We continue to act for the CLaimant and write in response to your amended defence.

 

Our response would be as follows

 

1.The personal details which you have supplied on the agreement are clearly legible and it is clear that you signed the agreement dated ........2003. As the signature on the agreement matches that on your amended defence.

 

2.We would also state that the Terms and Conditions which govern the agreement and which were also provided are perfectly legible.As the Terms and Conditions also contain the names of the parties to the agreement they satisfy our obligation to provide you with a legible copy of the agreement.

 

3.You owe our client the money outstanding on this account because,as we have already outlined in our Particulars of Claim,our client purchased your debt by way of legal assignment from OC.

By virtue of the legal assignment of your debt,our client has been assigned all legal rights in connection to your debt,including the right to issue a claim for the balance outstanding.

 

4.As part of our PArticulars of Claim,we provided you with:

 

a) a copy of the notice of assignment of your debt which was sent to you

b)a copy of the Account Sale Agreement made between our client and OC.

c)a copy of the raw data relating to your account which indicates that your account was one of the OC's accounts assigned under this agreement.

 

5.With regard to your allegation that section 82A of the Consumer Credit Act 1974 and section 136 of the Law of Property Act 1925 were breached,we would refer you to the fact that a notice of

assignment of your debt was sent to you on or around .........2011 and evidence of this was provided.

 

From the evidence which we have supplied to you,and which we have reiterated in this letter,it is clear that you entered into a consumer credit agreement with OC and that this debt was then legally assigned to our client,leaving our client legally entitled to issue a claim against you oft the money owed.

 

It is equally clear that you have defaulted on your repayment of the money owed to our client and that there is a considerable amount outstanding on the account.

 

Our client has incurred considerable expense in proceeding with this matter thus far and will only continue to incur further costs as this matter becomes more and more protracted.

No doubt you have also been put to considerable expense in defending this matter to this stage.

 

As stated above,it is clear that a debt is owed to our client and therefore,to avoid further costs being incurred to both parties,our client is prepared to accept a payment of £2,000 in full and final settlement of this claim.

This offer will be available to you for 14 days from the date of this letter,after which time the offer will lapse.

 

Please contact us within the next 14 days to inform us whether or not you are agreeable to this offer".

 

What do you make of this?

 

Regards

babymoll

[babymoll]

Andy,

 

Just wondering on your opinion of this letter in response to my amended defence.

Again no mention of the default notice!!!!

Regards

Babymoll

[AndyOrch]

Just give me a few moments baby.

[AndyOrch]

How much is the initial claim for baby?

[babymoll]

Hi Andy,thanks for responding

Claim is almost 7,000.

 

babymoll

[AndyOrch]

Ok their response relies heavily on the balance of probabilities...7 - 2 is a significant discount and I think something that you should give serious consideration to with view to ending this matter.If you could exploit this offer by way of a Tomlin order with no costs and a payment arrangement then that would be the option I would advocate to persue.

 

Of course there are still errors in their response but enough to force a DJ into dismissing their claim......? I wouldn't bank on it but the choice is ultimately yours.

 

Regards

 

Andy

[babymoll]

Hi Andy,

 

Thanks again for response. I don't have 2k,so a payment arrangement would be more suitable.Does it have to be within a certain time scale?

 

How do I go about proposing the TO?

Do I just email them or should it be by letter?

 

Regards

babymoll

[AndyOrch]

You phone write or email and propose in the interests of both parties costs and court time it may be prudent to consider a payment arrangement via a Tomlin Order.

[Desperate Daniella]

Hi babymoll,

 

Cabot will often offer repayments over five years. I don't know if you have had that offer from them, but it indicates that they may find payment over a five year term acceptable.

 

DD

[babymoll]

Just to update this thread-I signed the Tomlin order and am happy with the payment arrangement term of four years,

 

I just want to thank everyone who contributed to my thread and in particular andyorch,who's assistance and advice proved invaluable.

 

Thankyou so much

 

babymoll

[AndyOrch]

Well done baby Im delighted that this has been resolved to your satisfaction.

 

 

Thread title amended to reflect the outcome.

 

 

Regards

 

 

Andy