cabot/hassall claimform - CAp1 Card 'debt'***Settled by ADR/Mediation***

[pcforum1]

County claim form sent issue date 6th Jan 2016 from County Court Business Centre, Northamptom.

 

Claimant:

Cabot Financial (UK) Limited

1 Kings Hill Ave

Kings Hill

Kent

ME19 4UA

 

Claimed amount 280 + fees (25 court + 50 legal) = 355

 

Signed Wright Hassall

 

Capital One original creditor nearly 6 years ago with a registered default notice. Apparently they sold the debt to Cabot without my knowledge.

 

1. Is this a legit CC claim, it's all printed, no pen signature or court stamp, just laser printed image of the TCC and text (it does have moneyclaim.gov.uk password but never checked it for authenticity)?

2. Will they have the original credit agreement and if they do or don't would I have time to obtain this feedback of information under CCA request?

3. I never received or in receipt of any "notice of the assignment", how could they prove otherwise?

4. REF: Firm Name: Cabot Financial (UK) Limited

Interim Permissions Reference Number: 472690

Current status: Lapsed

a) Consumer credit business: Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement. Inactive 28/02/2015

b) Credit brokerage: Credit broking Or Credit broking limited to credit intermediation Inactive 28/02/2015

c) Debt administration: Debt administration Inactive 28/02/2015

d) Debt collecting: Debt collecting Inactive 28/02/2015

e) Debt-Adjusting on a Commercial Basis: Debt adjusting on a commercial basis Inactive 28/02/2015

If they don't have "permission" to conduct debt chasing activities how are they able to conduct debt chasing activities on me via a CC claim?

5. What position do I hold that will throw out this case in court?

 

Any other help or advice will be greatly appreciated.

Thank you in advance.

[dx100uk]

can you please fil this out

so we have all the correct info to advise you properly

 

 

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

 

 

dx

[pcforum1]

Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED

Date of issue – 06 JAN 2016

Date to submit defence = by 4pm 5th FEBRUARY 2016

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

 

1.The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements.

The Claimant is an Assingee of the following debts, notice of the assignment have been given to the Defendant in writing.

Captial One. Account no xxxxx £280.00.

2.Despite demands for payment, the above sums remain due.

The Claimant therefore claims the sum of £280.00 interest under s69. County Courts Act 1984 and costs.

 

What is the value of the claim? £355.00

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? After

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? Debt purchaser.

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO.

Did you receive a Default Notice from the original creditor? I do not have a copy of that, but it is on my credit report.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO.

Why did you cease payments? Personal circumstances, unable to pay, loss of income.

 

What was the date of your last payment? May 2010

Was there a dispute with the original creditor that remains unresolved? No.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No.

[pcforum1]

I have edited,drafted and printed out the CCA request and a CPR 31.14 request, both ready to send today.

Do I leave the postal order payable to the claimant or leave blank? Use references such as account number on the back?

 

When do I need to acknowledge the claim?

[theoldrouge]

register with mcol, defend all, acknowledge service now

 

get asap cca request under s78 to claimant

 

send cpr 31.14 request to solicitors for copy of agreement , notice of assignment and statement of ac

[dx100uk]

you leave the PO blank

[pcforum1]

MCOL account active.

Defended all.

AOS complete.

 

CCA sent recorded delivery with £1 PO blank

cpr 31.14 sent recorded delivery.

Tracking information received.

 

After researching in particular what a company is obliged to do before proceeding with court action I found I wasn't sent any letters warning me or otherwise.

Such as : No notice of assignment, no default notice, no LBA.

What other letters should have I received before court?

Also what about Cabot Financial (UK) Limited lapsed status. how does that go in my defence?

Edited January 13, 2016 by pcforum1

[dx100uk]

going by your 1st post i'll guess you've visited certain other websites

whereby they believe these things are important...

 

 

hae a read of this thread...

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453662-Cabot-Financial-(UK)-Limited-do-not-have-permission-for-debt-collecting

[pcforum1]

okay, I understand from that thread the name of the company is not going to help my defence.

[pcforum1]

Received a letter from Wright Hassall today stating that "it is likely that CPR r.31.14 will not apply".

What's the meaning of this?

[dx100uk]

usual crap they send if you go read a few like threads

 

 

cpr is a request..they don't have to respond to it

 

 

the important one they cant avoid legally is the CCA request

[pcforum1]

Thanks for that.

"We note that the value of this claim is less than £10,000.00 and therefore this claim is likely to be allocated to the small claims track. It is therefore likely that CPR r.31.14 will not apply. However in order to comply with out disclosure obligations as they arise, we have also requested copies of the relevant documentaion from our client and will forward these documents to you upon receipt.

Please note that you must still file a Defence within the deadline set by the Court."

Didn't have time to type that yesterday.

[pcforum1]

To date, I have had no further reply. No communications.

Date for defense submission is Friday 5th February, 3 days time.

Should I file defense today or wait until Thursday/Friday?

[theoldrouge]

get your defence prepared and posted up to be checked

Given the claimant/sols involved highly unlikely you will receive anything further

[dx100uk]

std holding / no paperwork defence

available on numerous threads here and in the success forum off of this one.

 

 

post it up here first before filing.

 

 

copy and paste your thread title into the search cag of the red toolbar

[pcforum1]

For submitting on MCOL "Please state your defence in a maximum of 122 lines in the box below" will be the following:

1.The Claimant's claim is for debts arising from consumer credit Act 1974 agreements.

The Claimant is an Assignee of the following debt{s}, notice of the assignment have been given to the Defendant in writing.

Captial One. Account no xxxxx £280.00.

2.Despite demands for payment, the above sums remain due.

The Claimant therefore claims the sum of £280.00 interest under s69. County Courts Act 1984 and costs.

 

 

Defence Statement

 

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.

 

The claim is denied with regards to an amount due under an agreement.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim the Defendant requested information on 11th January 2016 pertaining to this claim from Wright Hassall Solicitors by way of a CPR 31.14.

To date I have yet to receive a compliant response.

 

The Defendant requested information pertaining to this claim from Cabot Financial (UK) Limited on the 11th January 2016 by way of a Section 77/78 request.

To date I have yet to receive a response complying with the request.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

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

 

As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

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 crediticon Act 1974.

 

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.

[pcforum1]

Has this been ammended?

[dx100uk]

?

 

 

you wrote it ...

 

 

I added the POC to reference too - to help you check it

[pcforum1]

Received a letter today (dated 4th March) from Wright Hassal

stating they are rejecting the defence and they have written to the court to proceed to a final hearing.

 

They say they are in contact with Cabot to obtain documents relevant to the matter.

 

This is very close or passed the expiry date ?

 

3rd February letter from the court stating acknowledgement of my defence.

If the claimant wishes to proceed they have to do so within 28 days.

 

I have had no response regarding CPR or Section 77/78 requests, not even denial or acknowledgement.

[dx100uk]

then it will get stayed.

let it run

[pcforum1]

Notice of Proposed Allocation to the Small Claims Track letter received from Northampton CC.

 

1. This is now a defended claim.

2. It appears now suitable to the small claims track.

3. By the 24 March complete the questionnaire N180 and file it with Northampton CC and serve copies on all other parties

 

N180

A. Settlement/Mediation

 

Do you agree to this case being referred to the Small Claims Mediation Service? Yes/No

------------------------------------------

What is all this about then? Slightly if not totally confused.

[dx100uk]

std procedure if you go look at a few other court claim thread

or if you type in N180 in the search cag box box of the top red toolbar

 

 

just follow the directions

 

 

easy to do.

 

 

dx

[theoldrouge]

And always agree to mediation

[pcforum1]

And always agree to mediation

What happens if I don't agree to mediation?

[Old Cogger]

will not look good in court, would show the pre court stage to negotiate/ try to settle without courts time ignored>