Cabot/reston claimform - old LLoyds Credit card 'debt'

[LaFrogage]

Hi

 

I am new to this forum and urgently need some help and advice.

 

In February 2006 I became unemployed,

got into difficulty with my mortgage payments and was eventually forced to sell my flat;

after the mortgage was paid I was left with a small amount of money

which I hoped would give me a fresh start in a different location.

 

I moved home,

set up with my 'new' partner,

put some money into his business and looked forward to my new life;

 

 

sadly my partner and 'our' business did not work;

the business was wound up,

my partner moved out of the rented house we shared,

I sold the shop and its contents which fortunately managed to clear the debts that had been accumulated.

 

At that time in 2006 I took out a credit card with Lloyds Bank and used it for living expenses

, also at that time my health deteriorated

and I was unable to continue working so could not service the credit card.

 

Because of my chronic health problems

I was eligible for Disabibility Living Allowance, Employment Support Allowance and I qualified for social housing.

 

I am currently living in a housing association property,

in receipt of housing and Council Tax benefits; my total income is made up on those benefits.

 

I heard nothing from Lloyds unit just recently;

 

 

last Friday I received a County Court Summons issued by Restons Solicitors on behalf of Cabot Finance

demanding £3408.39 plus £265 in court fees;

I believe I did have PPI on that credit card but did not make any attempt to reclaim it.

 

Now the CC summons has arrived I have no idea how to approach it;

is it too late for me to approach Lloyds to ask for a PPI refund,

or do I ask the court for an adjournment;

I need some advice.

 

I have chronic ill health, suffer from rheumatoid arthritis, ulcerative colitis,

I am diabetic; I have no other source of income and no assetts to call on to settle these debts.

 

Any help and advice would be gratefully received.

[dx100uk]

hi ya

welcome aboard

 

 

can you please fill this in

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

copy and paste it back here

 

 

then fill in the Q&A's

 

 

dx

[LaFrogage]

Hi DX

 

do I copy and paste it as a reply or send in a private message? not getting the hang of this, sorry

[dx100uk]

Here

 

Dx

[LaFrogage]

Hi Dx

 

Claimant: Cabot Financial (UK) Limited

Date of Issue: 28th September 2015

Particulars of claim:

1.The Claimant claims payment of the overdue balance due from defendant

under a contract between Lloyds Bank dated on or about March 2008

and assigned to the claimant on June 27th 2014

 

Particulars Ac No: ********************

Date 09/09/2015 Default Balance £3408.39

Post Refri Cr £ NIL

Total £3408.39

Value of claim £3408.39

Court Costs £ 185.00

Legal Reps Fee £ 80.00

 

Total £3673.39

Claim is for credit card

 

Entered into agreement before 2007

Account assigned to Cabot Financial

…unaware the debt had been assigned and no knowledge of receiving a notice of assignment

…no notice of default

…or notices of default sums..

.I will have to check when last payment made and when they stopped…believe it was well over six years ago…

 

Plan to dispute PPI payments…believe made have been applied to C.Card.

 

I don’t believe I contacted the original creditor when ran into financial difficulties.

[LaFrogage]

Sorry Dx

 

 

it didn't copy and paste here sent it again in following reply.

 

 

Thanks

[dx100uk]

leave it its ok I've done it

 

 

dx

[dx100uk]

go up on the MCOL website

create a new individual user

then log in

and using the required details from the claimform

and ack [aos] the claim.

 

 

defend all

leave juris unticked

 

 

then exit mcol.

 

 

next get a CCA request running to cabot

£1PO leave it blank dot sign anything

 

 

then get a CPR 31:14 running to rectums [legal section of the library]

 

 

dx

[LaFrogage]

Thanks Dx

 

 

will do that now...

[LaFrogage]

Hi Dx

 

 

for some reason I cannot find a template for the CPR13:34 also no idea what to put in it...

 

 

 

 

Thanks

[theoldrouge]

CPR 31.14, asking in this case for agreement, noa, and statemant of ac

 

template in the library

[LaFrogage]

Hi All

 

 

CCA letter all done...and despite using the link supplied...I just cannot find the template for the CPR31:14...not doing very well at this...HELP...

[dx100uk]

legal section of the library

last letter on the page.

 

 

dx

[LaFrogage]

Thanks Dx

 

 

found it at last, all done and will be posted this morning.

 

 

I am positive this matter is way over six years old would Restons issue a summons knowing the matter that old, or is that a really stupid question that doesn't need an answer?

[AndyOrch]

I think you have answered your own question there LaFrogage:-)

 

Regards

 

Andy

[dx100uk]

no harm in ring Lloyds and asking last payment or usage by you.

 

 

if it is SB'd then there no harm in filing the SB defence today..

once you are 100% sure its SB'd

 

 

The following defence is all you need if it is SB

 

1. The Claimant's claim was issued on (insert date).

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[LaFrogage]

Hi All

 

 

received a reply from Cabots this morning dated the 15th October (received on the 22nd)

 

 

stating they do not have the credit agreement and will contact the original creditor to obtain it.

 

 

They say they are confident they will be able to supply a copy of the credit agreement

and supply a statement of account within the next forty days

before the debt becomes unenforceable;

just wondering what my response should be or do I just wait.

 

 

No response from 'Rectums' yet.

 

 

Any further advice would be appreciated.

 

 

Thanks

[dx100uk]

usual rubbish if you read other threads like you players

[AndyOrch]

" within the next forty days before the debt becomes unenforceable "

 

Wonder how they work that out and base it on ?

 

Andy

[LaFrogage]

Hi Andy

 

 

since I am new to this arena I have no idea;

 

 

in addition I now have a response from Restons,

they have sent back my original letter saying they will not acknowledge a CPR:3114 from me

since the letter is unsigned and have stated any further unsigned letters will not be acknowledged or replied to..

 

 

.I am furious since that letter was sent via special delivery which cost me £6.45...what a liberty.

[AndyOrch]

Well if its any conciliation...they wouldn't respond anyway ...probably aware of the cost to you in sending ...hence their attempts to frustrate matters...there is no requirement to sign a CPR request...printed name will suffice......so I wouldn't resend it and just treat it as a none compliance with your defence.

[dx100uk]

did you file the SB defence?

[LaFrogage]

Thanks Andy

 

 

should I write to them and make those points?...or just leave it...would like to make those point to them...

 

 

Thanks

[LaFrogage]

Hi Dx

 

 

no I haven't done that yet...difficulty getting information fro Lloyds...will try again...if can't get it...shall I file the SB defence without input from Lloyds?

 

 

Thanks

[AndyOrch]

Thanks Andy

 

 

should I write to them and make those points?...or just leave it...would like to make those point to them...

 

 

Thanks

 

Just leave it...your actions have served its purpose intended.