Cabot/Shoesmiths Claimform - old Barclaycard 'debt' Missed Court Procedural Dates?

[Angy]

Hello,

 

Debt Recovery company raised a claim against me. It was dated 24th November. I have acknowledged the claim and ready to contest it . I make CPR request etc but only got a letter that they dont have the documents in their possession but have requested from original creditor.

 

It appears i have missed defence date by few days.

 

Please what can i do?

 

Cheers

[BankFodder]

You must file the defence immediately. If you get the defence in before they get a judgment then you will be protected.

 

File it now.

[AndyOrch]

Log into MCOL (assuming you are using this facility to deal with the claim) and see if it will let you enter a defence...then stay on the page and come back here and provide more information of the claim and debt and we can supply a suitable holding defence.

 

Regards

 

Andy

[Angy]

Cheers.

 

I have logged on. It allowed me to state my defence online. The particulars of claim is as follows;

 

1) The claimant claims the sum of £XXX being monies due from the defendant to the claimant under a regulated agreement between the defendant and Original creditor( 3333333) and assigned to the claimant on 22/02/2014, notice of which has been provided for the defendant.

 

2) The defendant has failed to make payment in accordance with the terms of the agreement in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974.

 

3) The claimant claims the sum of £xxx and costs.

 

4) The claimant has complied, as far as is necessary, with the pre-action conduct pracitice direction

 

Thanks

[dx100uk]

can we have the full poc please

name names just hide the account number

 

 

and who has taken you to court?

[Angy]

I have done the following:

 

1) I have acknowledge the claim intending to contest the debt

 

2) I have make SAR to Original creditor which through Royal mail recorded delivery which is still NOT delivered

 

3) I have requested the documents from Claimant under sections 77-79 with a postal order of £1 and they have replied that they dont have the documents but have requested from original creditor and hope to get it within 40 days.

 

4) I also wrote the Claimant's solicitor but no response yet.

 

Thank you so much

[Angy]

can we have the full poc please

name names just hide the account number

 

 

and who has taken you to court?

 

Cabot Financial

Original creditor is Barclaycard

[Angy]

I have stated POC already.

 

Thanks

[dx100uk]

who are the soicitors shoes?

[dx100uk]

Particulars of Claim

 

Name of claimant: Cabot Financial (UK Limited)

1) The claimant claims the sum of £XXX being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard( 3333333) and assigned to the claimant on 22/02/2014, notice of which has been provided for the defendant.

 

2. The defendant has failed to make payment in accordance with the terms of the agreement and default notice has been served pursuant to the consumer credit Act 1974.

 

3. The claimant claims the sum of XXXX.XX plus costs

 

4. The Claimant has complied, as far as is n the pre-action conduct practice direction.

 

Proposed Defence

 

 

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. Paragraph 1 is noted I have in the past had financial dealings with barclaycard I am unable to recall the precise details of any alleged debt and therefore any indebtedness is denied until such time the claimant can comply and clarify its claim.

I am unaware of any legal assignment and it is denied I have ever received a Notice of Assignment undated as per the claimants particulars.

 

3.Paragraph 2 is denied I have never been served with a Default Notice pursuant to the consumer credit Act 1974.The claimant as an assignee is surmising in its vague and generic pleadings.

 

4.Paragraph 3 is denied.The claimant has failed to respond to my section 78 request dated xxxxxx and further clarification by way of a CPR 31.14 request dated. It is my understanding that the claimant is prevented from seeking any relief until such time they conform and comply with my request.

 

5.Paragraph 4 is denied.The claimant has clearly not complied with Pre Action Protocol.

 

6.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 that they have served Notice of Sums in Arrears since assignment pursuant to the CCA2006.

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

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant 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.

 

 

 

 

 

One proposed defence ....check for accuracy and edit to suit.

 

Regards

 

Andy

[dx100uk]

nicked the above from another thread posted by andyorch

looks ok to me

[Angy]

Thanks so much. The defence appears to be 'playing safe' kind of defence.

 

Their solicitor is Shoosmiths LLP

[Angy]

I do owe them sum money. It has dropped from my file but i still pay little money to original creditor about 2 years ago. Does this change anything?

[Angy]

1) Does PD means Practice Direction?

 

2) Undated notice of assignment? Paragraph 2? It was dated in POC

 

Cheers

[dx100uk]

adapt it to suit angy

[Angy]

Thanks so much. I really appreciate your help.

[dx100uk]

did you get into MCOL to file it ok?

 

 

dx

[Angy]

did you get into MCOL to file it ok?

 

 

dx

 

Just finished adapting it. I will send it in few minutes.

 

Cheers

[AndyOrch]

Defence will suffice...I have made a few tweaks to the above in line with your particulars...but if you have already submitted, no worries.

 

Andy

[Angy]

Hello guys,

 

I have got a response from their solicitor. They said the following;

 

1) It is noted that you ADMIT you have in the past had financial dealings with barclaycard bla bla

 

2) They have requested the documents

 

In conclusion, they said

 

''Whilst we are awaiting receipt of the requested documentation, we remain mindful of the obligation upon parties to consider dispute. We would be therefore like to invite you to consider any proposals you may have to resolve this amicably, and would be grateful if you could complete and return I & E endorsed with a suitable proposals for payment by xx/xx/2017.

 

Please advice me.

 

Cheers

[dx100uk]

begging letter.

totally ignore

 

 

dx

[AndyOrch]

Hello guys,

 

I have got a response from their solicitor. They said the following;

 

1) It is noted that you ADMIT you have in the past had financial dealings with barclaycard bla bla So what does not mean the particular agreement they refer to

2) They have requested the documents

 

In conclusion, they said

 

''Whilst we are awaiting receipt of the requested documentation, we remain mindful of the obligation upon parties to consider dispute. We would be therefore like to invite you to consider any proposals you may have to resolve this amicably, and would be grateful if you could complete and return I & E endorsed with a suitable proposals for payment by xx/xx/2017.Pity they didn't do that before issuing the claim

 

Please advice me.

 

Cheers

 

Andy

[Old Cogger]

do not fill it in await others to respond on here

[Angy]

Hello Folks,

 

Please advice

 

Cheers

[AndyOrch]

Dont fill it in ...as above.

 

Andy