Cabot/Restons claim form Marbles cc

[toby60]

Hi All

I also have a ccbc claim form sent to me dated 22/7/2014.

 

The money claimed is almost the same amount,

 

restons are the solicitors and cabot the claimant.

 

I sent cca request to cabot by recorded delivery on the 5/8/2014 and

 

got a reply from the dated 11/8/2014 thanking me for my request

but would have to sent it to marbles and want 40 days to do so.

 

My cpr request to prestons was declined because i did not sign it.

 

I have to file my defence to this claim and need advice on the defence.

 

Could i use the same as posted with a few tweeks

 

The default on my credit file is 30/7/2009.

 

Do i still send second cca letter to cabot

 

Thanks

[toby60]

Hi All

 

I was issued a claim form dated 22/7/2014 from cabot financial (uk) ltd for a marbles credit card.

 

The account date on or about 30/07/2002

 

amount claimed £7000

 

Assigned on 29/04/2010

 

default date 30/7 2009

 

I sent a cca request to cabot by recorded delivery on the 5/8/2014 (signed for 6/8/2014)

and had a letter back from them dated 11/82014

saying they will have to send my request to marbles and needed 40 days.

 

My cpr request to restons was sent back because i had not signed it.

 

I registered on the money claim site and defended all,

but i now have to file a defence.

 

I have been following a thread by brewgriff,

 

but told to start my own thread)

 

Thanks

[dx100uk]

yes you must file by midnight tomorrow

 

I suspect the defence you pointed too would be almost alike

 

post upi what you think

 

and those in the know will help you.

 

it might be wise to type out the PoC from the claimform

EXACTLY as it appears [minus pers stuff]

 

too

 

dx

[toby60]

Thanks for the quick reply. The POC is as follows:

 

The Claimant claims payment of the overdue balance from the defendant(s) under a

contract between the defendant(s) and Bank of Scotland (Marbles) dated on or about

30/07/2002 and assigned to the claimant on 29/04/2010 in the sum of £7000.

A/c no xxxxxxxxxxxxxx

Date 01/07/2014 default balance £7000

[dx100uk]

as with all marbles cards of that era

cca's are rarer than hens teeth

and the T&C's usually don't match

even if they do find them

 

std no paperwork/holding defence adapted to the details in YOUR PoC

should be used

but so get it checked here before filing

dx

[toby60]

So i could use parts of the brewgriff defence but what about the caa? do i send second letter and use this as part of my defence.

I need to get the wording right as i have never done this.

[dx100uk]

forget the CPR no sig issue

 

the CCA is the important one

which they have failed to supply within the 12+2 working days limit.

 

CPR is just reston's usual willy waving.

 

makes no odds they don't reply to them anyway.

[toby60]

Ok, Thanks dx100uk

I will send second cca template letter to cabot today via recorded delivery.They signed for it on the 6/8/2014 so today would be the deadline i guess. I would be grateful if someone could help me with the wording of my defence.

[dx100uk]

sri why do you need to send a second CCA?

 

dx

[toby60]

I was going by what i have read on other threads (so much info). As they have failed to send the information asked for, i thought this is what i had to do, but thinking about it, they have failed the cca and sent me a letter saying they want 40 days not 12+2 so i guess thats enough.

[dx100uk]

yep

 

dx

[toby60]

This is what i have come up with for my defence.

 

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance from the Defendant under a contract between the defendant and Bank of Scotland (Marbles) dated on or about 30/07/2002.

 

2. and assigned to the Claimant on 29/04/2010 in the sum of £7006.40

 

Particulars a/c no xxxxxxxxxxxxxxx

date item value

30/06/2014 Default Balance 7006.40

post refrl cr nil

total 7006.40

 

 

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 accepted I have in the past had agreements with Bank of Scotland for credit card services.

 

2 Paragraph 2 is denied I have no recollection of ever receiving a Notice of Assignment over 4 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of service of Notice of Sums in Arrears

(d) 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. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA.

 

5. On the 5th July 2014 I made a legal request by way of a section 78 request to the Claimant. This was sent recorded delivery and signed for on the 6th august 2014. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliant. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, sent by recorded delivery on the 5th august 2014 and signed for on the 6th august 2014, the Claimant has failed comply.

 

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.

[citizenB]

The Claimant claims payment of the overdue balance from the defendant(s) under a

contract between the defendant(s) and Bank of Scotland (Marbles) dated on or about

30/07/2002 and assigned to the claimant on 29/04/2010 in the sum of £7000.

A/c no xxxxxxxxxxxxxx

Date 01/07/2014 default balance £7000

You appear to have covered everything.

 

In respect of point 2. Aside from not receiving any NoA, did they not make contact with you at all ?

 

In which case, I would rephrase that point to something like..

 

2: Paragraph 2. It is denied that a Notice of Assignment was received by the defendant, neither has the Claimant made any other form of contact in respect of this account. The claimant has also failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

Saying you "have no recollection" implies there might have been but you cant remember !!

[toby60]

Hi citizenB,

I Have found some letters from a number of dca's for this account, but no NOA. £500 has been added as it was passed around.

[citizenB]

As you have mentioned within your statement that they have not provided an account to show how the sum being claimed has accrued, when/if it comes to the point where you have to provide a witness statement, then you would of course mention this.

 

The lack of Notice of Assignment could cause them grief and my suggestion for point 2 stands as it appears to be very relevant

[toby60]

2: Paragraph 2. It is denied that a Notice of Assignment was received by the defendant. The claimant has also failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

[toby60]

OK, sorry i was altering post nine and missed your reply. Should i leave paragraph 2 as you posted?

[citizenB]

OK, sorry i was altering post nine and missed your reply. Should i leave paragraph 2 as you posted?

 

I think they are pretty much the same, except mine points out that aside from the lack of NoA, no other contact was made regarding the account. Of course if they had made contact then your version is the one to use.

[toby60]

The letter i have from them just asks for the money. As said , no NOA, no statements ect. The letter i found from them is from the end of 2010.

[toby60]

Thanks for the help citizenB. I will send my defence and wait for there next move. I would like to thank all who have helped in this matter. I would be lost without the exellent advice

on here. Thank you all.