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Orchid47

Cabot/restons Claim Form - 2 Old Lloyds Credit Cards

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Ok, sorry, its me again Andyorch,

 

Another Northampton Court Paper has arrived :sad:

 

Ive attached details below

 

Name of the Claimant ? Cabot

 

Date of issue – . 12th August 2016

 

What is the claim for –

1.The Claimant claims payment of the overdue balances (set out below) which the Defendant have failed to pay as required under Contracts with the following particulars

Acc No XXXXXX

Acc No XXXXXX

between the Defendant and Lloyds TSB dated on or about Sept 18 1993 and Oct 06 2005 respectively

The Contracts were assigned to the Claimant on Nov 02 2012

 

Particulars -

Acc No XXXXXX

Acc No XXXXXX

 

16/07/2016 - Default Balance - £4500.22

16/07/2016 - Default Balance - £9340.55

Post Refri Cr - NIL

 

Total - £13840.77

What is the value of the claim? £13840.77

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 x Credit Cards

 

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

 

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. Assigned to Cabot and yes they have issued Claim

 

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? Don't think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so??

 

Why did you cease payments? Lack of work

 

What was the date of your last payment? Defaulted in 2010, but then was paying £1 for a few years, then ceased this about a year ago

 

Was there a dispute with the original creditor that remains unresolved? Don't think so

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I wrote to them in 2010, and offered them the £1 per month

 

 

Ok, please can you help me with what to do next

1. / I need to acknowledge the claim form - I haven't done this yet and intend to defend all of the Claim???? Haven't been able to access MCOL all weekend!

 

2. I presume I send off another CCA Request to Restons?

 

3. Send off a CPR 31:14 to Cabot

 

4. Please can I ask if the 6 year timescale is from when the Debt started in 2010 or when the £1 contributions ended?

 

 

Your help and advice would be hugely appreciated again with these Court Papers

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Have they ever complied with the CCA? Cabot will NOT be able to get the original CCA for a debt that old. Theyre simply chancing their arm.

 

For now, just acknowledge the claim, and wait for advice.

 

This should be very easily batted away.

 

 

Log in to MCOL, acknowledge claim, defend all, untick contest jurisdiction then log out.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you, will do. Hopefully they will get website up and running tomorrow. Any feedback re the last question I asked above?

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sb is from last payment

you have the CCA/ CPR round the wrong way.


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Ok, please can you help me with what to do next

1. / I need to acknowledge the claim form - I haven't done this yet and intend to defend all of the Claim???? Haven't been able to access MCOL all weekend! You have till the 30th Aug to Acknowledge no rush

 

2. I presume I send off another CCA Request to Restons? No...to the claimant

 

3. Send off a CPR 31:14 to Cabot No...to Restons

 

4. Please can I ask if the 6 year timescale is from when the Debt started in 2010 or when the £1 contributions ended? Last payment made

 

Your help and advice would be hugely appreciated again with these Court Papers

 

Andy


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

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One more bit of advice, remain calm, and dont make a move until we advise on here. A lot of people think they need to rush and make mistakes.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok, thanks so far :)

 

Please can I clarify, SB you say is last payment, so do you mean last payment before default or last £1 token gesture/goodwill payment?

 

Thanks

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last payment whenever.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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Ok, thanks so far :)

 

Please can I clarify, SB you say is last payment, so do you mean last payment before default or last £1 token gesture/goodwill payment?

 

Thanks

 

I do wish people would stop paying these silly £1 payments - you even hear people boasting of it. It's done with one purpose to stop the SB clock ever starting.

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I do wish people would stop paying these silly £1 payments - you even hear people boasting of it. It's done with one purpose to stop the SB clock ever starting.

 

It is also your responsibility to pay towards y our debt until such a time it is legally unenforceable. hence the £1 payments


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It is also your responsibility to pay towards y our debt until such a time it is legally unenforceable. hence the £1 payments

 

Eh? When the £1 payments would stop it ever becoming legally unenforceable until your death ???

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FYI,

At the time I didn't know about this fantastic site,

so did what I thought was best as I could no longer afford to pay.

 

 

I now know better and have stopped all of the payments.

So the clock can now tick to 6 years - is this to the end of the 6 years?

 

Quick question?

As the Claimant is asking for two different accounts and they have lumped them together on the Claim Form, do I need to send two separate CCA's, or do I also lump the two accounts onto the one CCA?

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Eh? When the £1 payments would stop it ever becoming legally unenforceable until your death ???

 

Hence CCA requests/ SAR etc.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Orchid, as you have a claim form you need to focus on absolutes, not what if's.

 

As for CCA's, you follow the advice as already given. They will not be able to get a CCA that old. Cabot rarely ever hold the rights to enforceable debts. Theyve seen the amount on file, got greedy and got a court claim in fast hoping youre totally clueless.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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two CCA requests

but both can be in the same envelope

 

 

2*£1PO's

leave them blank

don't sign anything

 

 

don't forget the CPR too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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ok, thank you will do

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All sent, can I just confirm Defence deadline is 12th Sept as claim issued on 12th Aug

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Its actually the 13th Sept Tuesday


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

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Great, thanks Andy, will start working on it sooner this time and pop it up for you on here

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:thumb: Please do ..but dont leave it until the night before or the day its due :wink:

We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

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LOL, Promise Andy :lol:

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Andyorch I have attached below my defence to glance over. Thank you in anticipation

Claim No. - XXXXX

Issue Date – XXXXx

1. The Claimant claims payment of the overdue balances (Set out below) which the Defendant has failed to pay as required under contracts with the following particulars

2. On or about 18/09/1993 the defendant entered into an agreement with Lloyds for a Credit Card under ref No. XXXXXXX

And

3. On or about 06/10/2005 the defendant entered into another agreement with Lloyds for a Credit Card under ref No. XXXXXXX

4. On 02/11/2012 the two agreements were assigned to Cabot.

5. The Claimant Claims

1. The total sum of the two agreements of £13840.77

 

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. Number 2 and 3 is noted. I have, in the past, had an agreement with Lloyds Bank Ltd but I do not recognise these specific account numbers.

 

3. Number 4 is denied. I am not aware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

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

 

6. On receipt of this claim, on 23rd August by recorded delivery, I requested by way of a CPR 31.14 request and a section 78 request 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 therefore remain in default and declined to engage with regards to my CPR 31.14 request.

 

Therefore the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

7. As per Civil Procedure 6.5 it is expected that the claimants prove the allegation that the money is owed

 

8. 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 Act 1974

 

9. 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.

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just opened a letter from Solicitor acknowledging CPR 31:14

 

think its pretty much standard reply saying

"We would point out that the Claim was issued via the CCBC which is a procedure specifically provided for in the CPR.

The procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures.

 

 

Paragraph 5.2A of Practice Direction 7E specifically states

"The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of the practice direction"

 

We would also remind you that CPR 31:14 states

"A party may inspect docs mentioned in

a. statement of case,

b. a witness statement,

c. a witness summary,

d. an avidavit

 

You would have been provided with a copy of the contractual T's and C's at the time the account was opened and hence see no reason why you need an additional copy

 

Furthermore the other docs you have requested are not mentioned in the Particulars of Claim and therefore CPR31:14 does not apply

Although your letter states that you require the requested docs in order to file a defence

 

 

we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the claim relates to:

namely,

the date the account was opened,

the account number,

the outstanding balance,

the original creditors name

and the fact the account has been assigned

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Std letter rectums sends to everyone re CPR if you go read other threads here

Safe to ignore


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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Yes Defence is fine Orchid


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

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