British Credit Trust and Cabot - County Court Claim

[Wills17]

Hello - new to posting. Please help.

 

I purchased a car on finance through BCT in Feb 08.

 

Lost job in April 09

- rang company and asked them to take car back.

 

They sold car at auction and they said we would not have to pay any more

or a very small amount but I never had this in writing.

Never heard another thing until

 

a few months ago when I started getting letters from Cabot (which i stupidly ignored)

 

Couple of weeks ago I received a court summons.

 

I have today acknowledged the service and intend to defend it.

 

The car was worth about £6000,

the finance was for £12000 with their interest and

I paid for a year.

 

No idea what it made at auction but it was in good condition.

The Court claim is for £5024.

 

Today I have checked my credit file and am confused.

It shows one closed account for BCT and states Debt assignment but there is nothing on there from Cabot.

It shows a default balance at £10452 and the default date as being February 2009.

 

It states on the County Court Claim form that the debt was assigned on 27/08/2013 and any letters from Cabot I received I chucked.

 

I am confused as to how to handle the defence, where to start?

 

The figures dont make sense and neither do dates -

It looks like the car made around £5000 and I paid for a year.

 

As I never had a settlement figure where do I go from here?

 

I have prepared a SAR letter and a CCA letter to send off but who do I send to?

 

And I am not sure what to put as a defence.

 

Could someone please advise?

 

Thanks

[theoldrouge]

Moved thread to financial legal issues as claim has been issued

[dx100uk]

cca to cabot + £1 PO don't sign it

CPR 31:14 to the claimants sols you can if you wish sign it

 

SAr to BCT

i'd send that recorded

[AndyOrch]

Hi Wills17 and welcome to CAG

 

If you could read and complete the following posting your answers here to enable the best advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

I assume your purchase was on HP?

 

Regards

 

Andy

[Wills17]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Cabot Financial Ltd

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 25 July 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge)

= XX + 14 days to submit defence = XX (33 days in total)

 

- acknowledged on MCOL on 11 August 2014

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s) and British Credit Trust dated on or about 01/02/2008

and assigned to the claimant on 27/08/2013 in the sum of £4759.00

Particulars a/c - *******

30/06/2014 Default balance 4759.00

Post Refrl Cr NIL

TOTAL: - 4759.00

 

 

 

What is the value of the claim? 4759.00

 

Is the claim for a current or credit/loan account or mobile phone account? Vehicle HP

 

When did you enter into the original agreement before or after 2007? 01/02/2008

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. No - assigned to Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I am aware

 

Did you receive a Default Notice from the original creditor? Not that I can remember

 

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

 

Why did you cease payments:- Car was returned voluntarily and BCT were happy with this - no mention of huge outstanding balance

 

Was there a dispute with the original creditor that remains unresolved? No - never heard from them

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no not at all

 

Today I have sent a CCA1974 request to the claimant Cabot and a SAR to BCT

 

And a CPR31.14 request to the solicitor named on the claim form

 

So now I dont know what to put on defence?

 

Could you help me please? Thanks

[dx100uk]

for now you wait.

 

tell us about the car and how you returned it

 

was this VS or VT

what happened.

 

dx

[Wills17]

Hi

I have worked out I need to reply by 26 august 14 - does that sound correct.

 

We voluntarily gave the car back and never heard another thing until now

 

Today I have had a reply from Cabot - as follows -

 

Dear sir

Your request for information under the consumer credit act 1974

Thank you for your request for info under the cca1974.

 

Cabot financial currently does not have this info on file.

However we have requested the relevant information under section 77 and or 78 of the cca 1974 from the original lender.

 

We anticipate that we will be able to provide this info within 40 days

in the event we are unlikely to obtain this info within those time limits we will write to you again.

If you have any queries please contact..... blah blah

 

I'm confused - is this just standard.

 

How can they take you to court without info?

 

Please advise? Thanks v much !

[dx100uk]

exactly

 

that's cabot std reply.

 

what these companies do is put a claimform

hoping the defendant does not defend

and they get an easy cheap default judgement.

 

you are quite correct, it something that should be outlawed

but has persisted for 10's of years now

that's how they make their money.

 

yes midnight 26th but post up defence first

 

are you aware of if this was a VT or a VS? you did

 

dx

[Wills17]

Sorry not sure - I did ring them and offer the car back and they agreed

What do you think I should put in my defence form

Thanks

[dx100uk]

if they automatically did VS [whereby you pay everything off on the agreement

minus any thing the car made]

they also should have pointed out the VT option

[you pay only 50% of the agreement total.

 

knowing thames credit [sorry british credit trust-now own by cabot!!]

that's why thames disappeared

they got fined I believe for ripping off punters in financial troubles.

 

dx

[Wills17]

So should I go along the lines of the fact that these options were not explained to me? I feel a bit stumped until I receive the sar paperwork - my main worry now is the angle of defence ?

Cheers

[dx100uk]

that wont sadly form any part of your defence I suspect at this stage

 

I would suspect they will not provide any paperwork by the time you have to file

 

it that instance, it will be the no paperwork/holding defence

that is widely available in many threads in this forum.

 

dx

[Wills17]

Thank you kindly will have a look around

[Wills17]

Hello

Today I have submitted my defence through MCOL.

 

 

This was the last day. (I used the embarrassed defence template from here and then applied to suit)

 

 

but was shocked to find that if I didn't submit before 4pm today it wont be processed until tomorrow.

 

 

Have I submitted too late?

 

 

Or does it count that I entered it today?

 

 

Please help.

 

 

Another sleepless night on its way ......................

Thankyou

[dx100uk]

there are NO embarrassed defence templates here

those that are - are now out of date and now not used

 

 

what did you file

 

 

you were advised to get it checked first before filing

 

 

dx

 

 

dx

[dx100uk]

as post 8

you could have left it till just before midnight

again as already advised

 

 

dx

[Wills17]

I read other posts and used along the lines of not having had any response from the claimant no paperwork to go on etc

Look like I will be embarrassed then.........

[dx100uk]

did you use the word embarrassed in the defence.

if not it wasn't an emb defence

 

 

sri I might be getting your meaning of what you sent wrong.

[Wills17]

Oh dear - im afraid i did

[dx100uk]

so where did you get it from

 

 

so's we can go amend it please?

 

 

dx

[Wills17]

Looked up no paperwork / holding defence and it camd up in a thread

[dx100uk]

well I'd suspect the thread was a good few years old.

 

 

never mind done now

 

 

can you post up what you sent so andyorch can check it?

 

 

redact it first mind

[Wills17]

Of course will do tommorrow

Thanks