cabot/restons Claim Form - lloyds credit card debt

[Orchid47]

So do I deny having a Contract in paragraph 1, with Lloyds Bank, or

 

Particulars of Claim

 

1. The Claimant claims payment of the overdue balance due from the Defendant under a contract between Defendant and Lloyds Bank dated on or about June 13. 1999

 

I deny (to the best of my knowledge??????????) ever having signed a Contract between the defendant and Lloyds Bank

[AndyOrch]

There are many ways to interpret their first paragraph...read carefully..they do not actually plead that you signed an agreement...just that they claim payment of said agreement between you and

Lloyds Bank dated June 13.

 

If we knew what year and which claimant Orchid then there are many tried and tested responses to reply to that point.

[Orchid47]

It was 1999, but Im not sure what you mean. Its Cabot as the claimant??

Im confused now

[AndyOrch]

Thank you it was just the year I wasn't sure of you had referred to the cliamants name earlier in your thread....so what about....

 

1.The Claimant claims payment of the overdue balance due from the Defendant under a contract between Defendant and Lloyds Bank dated on or about June 13. 1999

 

1.Paragraph 1 is denied.The claimant remains in default of complying to my section 78 request dated xxxxxxx and is therefore prevented from requesting any relief or request enforcement of the agreement pursuant to sec78 (6) (a) of the CCA1974.

[AndyOrch]

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is denied.The claimant remains in default of complying to my section 78 request dated xxxxxxx and is therefore prevented from requesting any relief or request enforcement of the agreement pursuant to sec78 (6) (a) of the CCA1974.

 

2 . Paragraph 2 is denied .I cannot ever recall receiving any Notice of Assignment from Lloyds Bank or Cabot or ever having being approached pre litigation with regards this alleged debt.

 

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; 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;

 

On receipt of this claim I requested by way of a CPR 31.14 request and a Section 78 consumer credit Agreement Act 1974 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.

 

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

 

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 82A of the Consumer Credit Agreement Act 1974.

 

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.

[Orchid47]

Omg thank you. Thank you.

[AndyOrch]

Copy and paste and submit ...you have just over 15 mins remaining.

[Orchid47]

Just as a question, what about the fact I paid a £1 per month to this, will this matter?

[AndyOrch]

Just as a question, what about the fact I paid a £1 per month to this, will this matter?

 

Only with regards to it not being statute barred....9 mins remaining.

[Orchid47]

Thank you, sent

[AndyOrch]

[dx100uk]

And relax....

Dx

[Orchid47]

Should I have sent a CCA to the Solicitor as well as a CPR 31:14.

The claimants solicitor says they cant send me the information Ive requested as they are not mentioned in the particulars of claim

and therefore the CPR 31:14 does not apply

 

The Solicitor says that although I requested documents in order to file my defence (which I did over 6 weeks ago now)

that they would like to point out that the Particulars of Claim contained sufficient information in order for me to file a defence

 

They needless to say, didn't sent me any info.

 

Ive also had a letter from Cabot saying they hadn't been able to provide me with the information I requested

and that they will continue to ask the original lender and that my credit agreement is currently unenforceable

which means they cannot obtain a judgement or decree against me.

 

However I am still obliged to repay the outstanding balance and I should contact them to set up a repayment arrangement

 

I have stopped paying the £1 monthly payment to them, and haven't paid the last couple of months

 

Is this right, or should I continue with the £1 payments

 

Whats your view on these £1's,

I suppose it means my debts will always be liable with me paying this,

and I can never reach the 7 year no contact rule?

[Old Cogger]

6 year england/wales 5 years scotland,

 

I personally would stop paying them until they provide an enforceable CCA if ever?

[AndyOrch]

Should I have sent a CCA to the Solicitor as well as a CPR 31:14. No The claimants solicitor says they cant send me the information Ive requested as they are not mentioned in the particulars of claim and therefore the CPR 31:14 does not apply They always do its a template response

 

The Solicitor says that although I requested documents in order to file my defence (which I did over 6 weeks ago now) that they would like to point out that the Particulars of Claim contained sufficient information in order for me to file a defence.They would state that

They needless to say, didn't sent me any info. Theres a surprise...not

 

Ive also had a letter from Cabot saying they hadn't been able to provide me with the information I requested and that they will continue to ask the original lender and that my credit agreement is currently unenforceable which means they cannot obtain a judgement or decree against me.

 

However I am still obliged to repay the outstanding balance and I should contact them to set up a repayment arrangement....dont rush to do that just yet

 

I have stopped paying the £1 monthly payment to them, and haven't paid the last couple of months

 

Is this right, or should I continue with the £1 payments...your choice...its neither here nor there...but as they are in default of your CCA request there is little they can do to you or the debt to worsen the situation

 

Whats your view on these £1's, I suppose it means my debts will always be liable with me paying this, and I can never reach the 7 year no contact rule?

 

Regards

 

Andy

[Orchid47]

Thank you for your help, will keep you posted

[Orchid47]

Andy Orch please can you tell me

if I filed my Defence back in Oct/Nov last year if it is still valid now?

 

 

I have received a letter from Solicitors today saying they will Strike out my Defence if I don't respond

and enter Judgement against me for the full amount together with legal fees and Costs.

Surely they cant open this up again after 6 months??

 

I thought they had a timescale their end and with the Court?

 

They never sent me the information I asked for above anyway on the Court Papers.

Instead they wrote to me in December and said they didn't know why I was asking for further information.

 

 

They say I should have received this information when I entered into my Credit Card Agreement,

and that if I want to review any of this information I should revisit my personal records

[dx100uk]

std willy waving

I take it this is restons?

 

 

next move is theirs

pay the fee and lift they stay.

but ofcourse without any enforceable paperwork they cant.

 

 

dx

[AndyOrch]

" I have received a letter from Solicitors today saying they will Strike out my Defence if I don't respond "

 

What do they want you to respond to ?

 

Andy

[Orchid47]

They want me to respond to a letter they sent me in December when they asked me to withdraw my Defence by completing and returning the enclosed N9A form within 14 days

 

Needless to say I didn't respond, or fill out their form

[AndyOrch]

They want me to respond to a letter they sent me in December when they asked me to withdraw my Defence by completing and returning the enclosed N9A form within 14 days

 

Needless to say I didn't respond, or fill out their form

 

I should hope not.....same with the above

[Orchid47]

Ok, thank you Andy, thank you DX100uk :o)

[Orchid47]

Please forgive me but I cant find any old postings on this.

I was pretty sure I have received advice for this one which has surfaced again today.

 

To give some history,

this is an old Credit Card with BOS

- think it was taken out around 1999.

 

 

Think last proper payment was around July 2009,

there after have made some £1 payments. These have now ceased.

 

Back in Oct 2015 I received County Court Papers from Northampton

I applied for CCA from Crabot and CPR 31:14 from Rastoons

 

I responded to Court Papers,

acknowledged them and filed my Defence all within the time scales

 

POC were as follows:

The Claimant claims payment of the overdue balance due from the Defendant under a Contract between the Defendant and BOS dated on or about June 18, 1999 and assigned to the Claimant in July 5th 2012

Total - £9K + Court Fees

 

Received no copy of signed Agreement and have no default notice

 

On 12th Dec 2015,

received letter from Crabott saying they have not been able to provide me with the requested information within the time limit and that my account will remain on hold until they can comply with my request.

 

My credit agreement is unenforceable and they know they cannot obtain a judgement or decree against me in Court.

Blah Blah Blah

 

In May 2016 I received a letter from Rastoons saying they were disappointed I hadn't responded and please can I withdraw my Defence.

 

 

If they don't hear from me they will recommend to their Client Crabot than an application be made to Strike out my Defence and to enter Judgement against me for the full amount claimed together with legal fees and costs

 

I didn't respond

 

In October 2016 I received another

"Without Predjudice Save as to Costs" Letter from Rastoons saying that as I had not withdrawn my defence nor made any payment that their client has asked them to remind me of my outstanding debt

 

They asked for a settlement without need for litigation

 

I didn't respond

 

Today I receive another letter from Rastoons which states that as I have not responded to their previous letter they would like to offer me without delay and in a bid to resolve the matter a reduced sum of half what I owe them. This offer is valid for xxxx weeks only.

 

Depending on what I offer in terms of payment is and the length of time it will take to clear the debt it may be necessary to record any terms of settlement in the form of a Tomlin Order which will be filed at the Court.

 

 

If a Tomlin Order is agreed, the proceedings will remain stayed whilst payments are being maintained in line with that agreement and no County Court Judgement will be entered against you.

 

Please can you advise me what to do next?

 

and also, if my Defence was filed in Oct 2015

how long can this case be open for???

 

Can they just keep reapplying to me???

 

How does this work?

 

Thank you in anticipation as ever

[dx100uk]

they are simply willy waving letters

 

 

you ignore them.

 

 

until/unless they lift the stay

pay the fee

and magic up enforceable paperwork.

 

 

they probably have had an expensive xmas dinner for all the phone fleecers at cabots and restons have been told to get some mug to cough up to fund the new year party.

 

 

dx

[Orchid47]

Ok, thanks dx100uk, I did think this might be the case but wanted to double check.

But just out of interest how many years can this go on for?