Claim form - Cabot for Old Lloyds TSB Loan

[Guest]

40 days! its not a sar request. they have 14 days. no court enforcement poss until compliance.

[Madge67]

Bingo!! (I think) Thank you Ford - do I just continue with my defence then on this basis. ? I don't need to contact Cabot or Restons again do I?

 

 

Gosh I'm getting nervous

 

 

Madge

xx

[citizenB]

Part of your defence should say that they have failed to comply with your s78 request and have confirmed that they do not have this.

[Madge67]

Thank you

[Guest]

once you submit a defence, they then have 28 days to respond to the court to continue or not. if they dont respond in any way in that time then it will be auto stayed.

[Madge67]

Great thanks for that Ford. I'm going to start working on my defence tonight. Would it be okay for me to pop it up here and someone give it a look over for me please before I submit it. Ill see if I can find anything I can use as a rough guide on the success thread

 

 

Regards

 

 

Madge

[Madge67]

Gosh If you guys can get me through this I'll come round and take you all out for a pint - my head is swimming.

 

 

I'll deffo be donating that's for sure.

 

In the meantime Ive had a go at putting together a defence

- please don't laugh its probably terrible but I haven't a clue where to start.

 

 

I did find a similar thread in the successes and used that as a template

but tweaking it as I went along

- please let me know what you think but be gentle with me,

I'm a sensitive soul

Particulars of Claim

1.The Claimant claims payment of £7XXX.05 the overdue balance due from the Defendant under a Contract between the Defendant and the Lloyds Bank unsecured loan.

2.This debt was Assigned to Cabot Financial (UK) Limited on 18/07/2014

3. Particulars of Claim:

Lloyds Bank Loan A/C XXXXXXXXXXXXXXXX

12/11/2014 DEFAULT BALANCE 7XXX.05 Post Refri Cr NIL Total 7486.05

1. 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.

2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds.

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Lloyds Bank

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars

to establish what the claim is for.

To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Restons, have stated in relation to my 31:14 request

that they are under no obligation to disclose any documentation on which the claim is based.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as 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 82 A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

[Madge67]

Thanks dx yes that was where I found the defence (on the successes). Does it look okay to you?

 

HB I hope you managed to get your new thread sorted

 

Xx

[Madge67]

Please would somebody look over my defence and see if it looks okay - I need it in by Friday so could do with a yey or nay if possible

 

 

Thanks

 

 

Madge

[dx100uk]

tweaked it a bit

 

 

see what andyorch says first

you have till 4pm Friday

 

 

dx

[Madge67]

Thanks you so much dx - yes I'll hang fire for andyorch as well

 

 

I really appreciate you help

 

 

Madge

xxxxxx

[AndyOrch]

Particulars of Claim

 

1.The Claimant claims payment of £7XXX.05 the overdue balance due from the Defendant under a Contract between the Defendant and the Lloydsicon Bank unsecured loan.

 

2.This debt was Assigned to Cabot Financial (UK) Limited on 18/07/2014

 

3. Particulars of Claim:

 

Lloyds Bank Loan A/C XXXXXXXXXXXXXXXX

 

12/11/2014 DEFAULT BALANCE 7XXX.05 Post Refri Cr NIL Total 7486.05

 

Proposed Defence

 

1.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.

 

2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Lloyds.I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Lloyds Bank

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:

 

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

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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Restons, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as 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 82 A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Just a few alterations Madge...check and edit to suit.

 

Regards

 

Andy

[Madge67]

Defence has been submitted - Thanks Andy and dx

 

 

I'll sit and wait now to see what happens

 

 

Madge

x

[AndyOrch]

[Madge67]

Hey everyone,

 

 

I've not heard a word about this and I submitted my defence on 9th Jan. How do I find out what's happened?. x

[AndyOrch]

Nothings happened ...its stayed Madge..I assume you received notification from Northampton that they received your defence and forwarded it to the claimant?

[Madge67]

Hi Andy - I've just checked on-line and it says:

 

 

Your defence was submitted on 09/01/2015 at 11:37:59

 

 

Your defence was received on 09/01/2015 at 14:00:50

 

 

Restons wrote to me on 03/02/15 to say they had received the defence and they were awaiting copies of the necessary documents and will endeavour to provide them as soon as they are in receipt of the same.

 

 

What now Andy?

 

 

Madge

[dx100uk]

that's what rectums always say themselves

when people defend and they chanced their arm trying to get a speculative claim

turned into a default judgement..

 

 

..what do we do now...???

 

 

dx

[Madge67]

Oh god 'Rectums' I love it!! You have a way with words DX.

[AndyOrch]

Hi Andy - I've just checked on-line and it says:

 

 

Your defence was submitted on 09/01/2015 at 11:37:59

 

 

Your defence was received on 09/01/2015 at 14:00:50

 

 

Restons wrote to me on 03/02/15 to say they had received the defence and they were awaiting copies of the necessary documents and will endeavour to provide them as soon as they are in receipt of the same.

 

 

What now Andy?

 

 

Madge

 

So you never received acknowledgment from Northampton ?

[Madge67]

No nothing Andy

[AndyOrch]

Well they have 28 days to respond from receipt...if they fail its stayed...if they did respond you would have recieved a Directions Questionnaire which transfers the claim to your local county court...as you haven't.... then It must be stayed.

 

Andy