Cabot/Hassall claimform - cap1 card 'debt'

[Aaronaustin]

Revised it sorry

[Aaronaustin]

I would like to ask the question and may need to start a new thread

 

 

a friend of mine got charged a lot of unfair bank charges back from 1996 - 2004 .

is it worth him pursuring it ?

I feel for him and recommended your good selves

[dx100uk]

not after that amount of time...

 

 

you could try a hardship claim

[Aaronaustin]

What would he need to that DX?

[dx100uk]

selfhelp site too AA

use the search CAG of the red toptool bar

[Aaronaustin]

I have received a letter from the county court with a court date on 28th august , but I have still not received any paperwork from Cabot .

[Aaronaustin]

Does the claimant have to send me the agreement or notice of assignment 2 weeks before the hearing or not ?

[AndyOrch]

Does the claimant have to send me the agreement or notice of assignment 2 weeks before the hearing or not ?

 

What does it state in your " letter" which I assume is a Notice of Allocation ?

 

What are the directions the court has provided for both parties?

 

Andy

[Aaronaustin]

Yes it's a notice of allocation to the small claims track . It gives a time , date, place And the name of the judge . It says the claimant must pay £80 for the hearing fee . Which they have done , so what happens next ?

[AndyOrch]

You must comply with the directions by the dates stated......standard disclosure and draft a witness statement and file and serve on the Court and Claimant.

 

Andy

[Aaronaustin]

The directions set out by the judge just say about each party must deliver to the other party and the court all documents on which that party intends to rely at the hearing , the rest is about witness statements . That's why I asked the question I did before this .

[AndyOrch]

You have done what before ?

 

You have only just received the directions.....have you done your disclosure and witness statement?

[Aaronaustin]

I'm having a read through one other threads to familiarise myself with the witness statement ,I'm going to get that typed out today. Just still got to read up on the disclosure part. Bit confused as to what that should include

[AndyOrch]

Your disclosure will be minimal as a defendant...CCA/CPR request and any responses and witness statement (once drafted).

[Aaronaustin]

In the Dartford*county court

Claim No.*

 

BETWEEN:

Cabot financial (UK) Ltd

Claimant

- and –

Defendant

Xxxxxxx

_________________________ ________

 

WITNESS STATEMENT OF xxxxxxxx

_________________________ ________

 

 

 

I xxxxxxxxxx*being the Defendant in this case will state as follows;

 

1. I make this Witness Statement in support of my defense in the claim.

 

2. This claim is for a running credit agreement regulated under the consumer credit Act 1974. I believe the account was opened in*2010 according to the letter sent by the claimants solicitors dated 24th Feb 2016 ; however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company called Capital one.

 

3. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

 

4. On*26/02/2016 I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1.

 

 

5. Consumer Credit Act s.78(1) states

Duty to give information to debtor under running-account credit agreement.

 

 

6. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

 

 

7. On*26th Feb 2016,*in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case*

 

8. On*1st March 2016, a letter was received from Wright Hassall in response to my CPR request**stating it would take 6-8 weeks to produce these documents as they did not have them ,but I am still not in receipt of the documents I requested.

 

9. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.

 

 

 

Statement of Truth

 

I, Xxxxxxxx the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated

[Aaronaustin]

Is this ok ? I have my paper work in order and numbered just need to list them for the disclosure

[AndyOrch]

Yes good start...you may wish to delay exchanging/submitting your WS until the very last min...and wait to read the claimants WS...so you can amend anything which they appear to be relying on.

 

Andy

[Aaronaustin]

Ok thanksAndy I will get everything ready and post on here , if you can check it for me I really appreciate it . Then I will post last minute , I think the deadline is 2 weeks before the 28 the of August

[Aaronaustin]

I received this letter today and a copy of the credit agreement

[Old Cogger]

send copy agreement to Andy for checking PM? maybe

[dx100uk]

unapproved pers info showing

 

 

can you please redact everything

inc the agreement

and attach it here as a multipage PDF document

follow the upload

[Aaronaustin]

I had to do this on my phone so I hope it's ok

CCA return.pdf

Edited July 27, 2016 by dx100uk
documents redacted and reduced in file size - dx

[dx100uk]

did they send a statement too>

and are the little numbers on the other pages a ref to a date with a #infront and a version number?

[Aaronaustin]

The first page is the letter they sent with it .

And the following pages are the credit agreement .

 

 

They are numbered as page numbers .

 

 

I cannot see any # only a number next to the capital one logo.

 

 

I have scanned the pages completely there is nothing missing

 

The only date is next to the signatures which are typed , they are 4/2/2010

[dx100uk]

of the PDF I did in the post above

 

 

page 2 bottom right has sometime written in the footer

that is usually a cap1 T&C's version number

#VER 10.2 or something.

that should be on the following T&C sheets too or else we cant prove they are part of the correct CCA.