Cabot/restons claim form - express gifts/studio24 CAT 'debt'

[Josh2017]

Thanks Andy, Im just in the middle of typing up my defense that is due to be submitted tomorrow if its ok with you can i post it here first for you to proof read to make sure i dont come across as a rambling idiot. I have also noted that Lowell totally ignored the CCA that I sent will this have any relevance with regard to the claim? i sent it recorded with the postal order on the 23rd of Jan and it was signed for on the 24th

[AndyOrch]

Sure no problem...but did you manage to get figure paid to Regal?

[Josh2017]

Not at the minute I have requested the information from my bank, my online statements only go back a year. I was paying monthly over the phone on a automated system so im not even entirely sure how its going to show on my statements, i have requested my last 6 years from the account that i would of paid from but still waiting at the minute.

[Josh2017]

Hi Andy, please find my defense attached.

 

Particulars of Claim

 

1.This claim is for £667.92 the amount due under an agreement between the original creditor and the defendant to provide goods.

 

2.This debt was assigned to/ purchased by Cabot Financial (UK) LTD on the 21/03/2016

 

Particulars

 

Re: Express Gifts (Studio)

A/C no :*

And the Claimant claims £667.92

Court Fee £60

Legal costs £70

 

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

 

1 .Paragraph 1 is noted. I have had an agreement in the past with Express gifts but from evidence provided by Cabot Financial (UK) LTD regarding a balance breakdown I do not understand how the figure of £667.92 has been calculated, the statement I have been sent by Lowell to assist me in understanding how my balance has been made up only shows transactions totalling £79.91.

 

2 .Paragraph 2 is noted. I received a notice of Assignment by Cabot Financial dated 05/08/2016 although this states the account was purchased by Cabot on 17/03/2016, a letter from Cabot received on 09/11/2016 states purchased 29/03/2016 and a letter received from Restons solicitors on 25/11/2016 states purchased 21/03/2016 so I am unsure as to which is the correct date.

 

3. Prior to Cabot Financial (UK) LTD purchasing the Express gifts account it was being handled by Regal Credit Consultants who were instructed by Express Gifts to collect the outstanding balance of my account, I had a regular monthly telephone payment set up with Regal Credit Consultants until I called to check my balance and make a payment and found that the telephone lines had been shut down and there was an answer phone message to say they were no longer trading. Upon further investigation it was found they had been struck off and there was a phone number listed who once contacted told me they had no evidence of my account number and I was to contact Studio. I contacted Studio to be told they had no information regarding Regal Credit Consultants being struck off and what was happening with my account and if there was a balance owing I would be contacted regarding this. I received no further communications from anyone regarding this alleged debt until Cabot wrote to me. Liquidators were appointed to Regal Credit Consultants on 04/10/2016 and in subsequent telephone conversations with Studio with regard to my account I have been informed Regal Credit Consultants never made a payment to Studio on my behalf.

 

On the 23/01/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has responded to the CPR 31.14 request but Cabot Financial (UK) LTD has failed to respond to the Section 78 request and remains in default of the section 78 request.

 

3.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 with the Claimant; 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;

 

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

 

5.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 credit*Act 1974.*

 

6.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.

[AndyOrch]

Yes okay for now...but 3 is rambling and needs to be succinct...do you know roughly how long you was paying Regal and what amounts ?

[Josh2017]

Yes okay for now...but 3 is rambling and needs to be succinct...do you know roughly how long you was paying Regal and what amounts ?

 

Thank you I did think so too but didnt know how much information was required at this stage, I remember paying for atleast a year and the figure of £25 a month rings true now I have had time to think about it.

[Josh2017]

Hi how is this edited version?

 

3. Prior to Cabot Financial (UK) LTD purchasing the account it was being handled by Regal Credit Consultants, I had a regular monthly payment plan in place paying fixed amounts. This came to a halt when I found out Regal Credit had been struck off. I contacted Studio to be told they had no information regarding Regal Credit Consultants being struck off and was told if there was a balance owing I would be contacted regarding this. I received no further communications from anyone regarding this alleged debt until Cabot wrote to me. Liquidators were appointed to Regal Credit Consultants on 04/10/2016 and in subsequent telephone conversations with Studio with regard to my account I have been informed Regal Credit Consultants never made a payment to Studio on my behalf.

[AndyOrch]

What has subsequently happened to Regal is irrelevant really all you need to get across is that considerable payments have been made that have not been accounted for or reduced from the debt and infact the figure the claimant pleads is incorrect and a true reflection of any monies outstanding.

 

Let me think further on this Josh...as it may be necessary to throw a part20 counterclaim in for the monies that have been taken and misappropriated against this debt.

 

We will have a final version by tomorrow for you to submit.....in the meantime if you can check the figures through from leaving studio to passing through regal to ending up at CAboot. Refer to any default notices ...notice of assignemnts and your credit files...we really need as accurate figure as possible if we are going to turn this back on them.

 

 

Andy

[Josh2017]

Thanks Andy I will get onto this right away and see what I can dig out, thanks

[Josh2017]

Hi Andy, I have found out from my credit score report today that this debt is showing satisfied and closed on 01/03/2016, I couldnt initially find it until i checked the closed account tab. There is no mention of this debt anywhere else on my credit report. it shows the last payment was made in Feb 03, with a default being applied in June 03 and every month after until March 2016 when it shows closed. I know the key to the balance issue is what I find out from my bank but I have had to request the last 6 years of my bank statements they wouldnt do it over the counter and im still waiting

[AndyOrch]

Well I suppose we could guesstimate a figure and then throw it back with view to them finding out were the missing payments have gone.

 

What date is this defence due ?

[Josh2017]

It is due today I believe

[Josh2017]

It was issued on 19th Jan so today is the 33rd day

[AndyOrch]

Yes ...so it is.....I will make the necessary amendments shortly.

[Josh2017]

the balance owing shows £677 and has done since March 2013 (not 03 as indicated above that was a mistake)

[Josh2017]

Thank you Andy

[AndyOrch]

It states in the particulars ....assigned to the Claimant on MAR 21 2016

 

Your credit files states this debt is showing satisfied and closed on 01/03/2016

 

 

Who is named as the creditor on the CRAs...is it still express gifts/studio24 and not Caboot ?

[Josh2017]

Just checked again its showing as satisfied and updated on 01/03/2016 but when i drill into it its showing account opened 19/03/2010 and closed on 28/03/2016.

Express gifts shows as the creditor there is no mention of Cabot anywhere.

 

Express Gifts Limited

£ 0

01/03/2016

Satisfied

Name Mr xxx

Address xxxx

Date of birth xxx

Account type Mail Order

Account number **************

Account start date 19/03/2010

Account end date 28/03/2016

Repayment frequency Monthly

Date of default 30/06/2013

Default balance £ 677

[AndyOrch]

Just checked again its showing as satisfied and updated on 01/03/2016 but when i drill into it its showing account opened 19/03/2010 and closed on 28/03/2016.

Express gifts shows as the creditor there is no mention of Cabot anywhere.

 

Fine...back shortly

[Josh2017]

Fine...back shortly

 

Thankyou for your help

[AndyOrch]

Particulars of Claim

 

1.This claim is for £667.92 the amount due under an agreement between the original creditor and the defendant to provide goods.

 

2.This debt was assigned to/ purchased by Cabot Financial (UK) LTD on the 21/03/2016

 

Particulars

 

Re: Express Gifts (Studio)

A/C no :*

And the Claimant claims £667.92

Court Fee £60

Legal costs £70

 

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

 

1 .Paragraph 1 is noted. I have had an agreement in the past with Express gifts but from evidence provided by Cabot Financial (UK) LTD regarding a balance breakdown I do not understand how the figure of £667.92 has been calculated, the statement I have been sent by Lowell to assist me in understanding how my balance has been made up only shows transactions totalling £79.91.

 

2 .Paragraph 2 is noted. I received a notice of Assignment by Cabot Financial dated 05/08/2016 although this states the account was purchased by Cabot on 17/03/2016, a letter from Cabot received on 09/11/2016 states purchased 29/03/2016 and a letter received from Restons solicitors on 25/11/2016 states purchased 21/03/2016 so I am unsure as to which is the correct date.

 

3. Prior to Cabot Financial (UK) LTD purchasing the account it was being handled by Regal Credit Consultants, I had a regular monthly payment plan in place paying fixed amounts for over 12 months. This came to a halt when I found out Regal Credit had been struck off. I contacted Studio to be told they had no information regarding Regal Credit Consultants being struck off and was told if there was a balance owing I would be contacted regarding this. I received no further communications from anyone regarding this alleged debt until Cabot wrote to me. Liquidators were appointed to Regal Credit Consultants on 04/10/2016 and in subsequent telephone conversations with Studio with regard to my account I have been informed Regal Credit Consultants never passed on my payments to Express Gifts (Studio) the original creditor.

 

It is also brought to the courts attention that this account is marked as closed and satisfied by the original creditor on the 28/03/2016.

 

On the 23/01/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has responded to the CPR 31.14 request but Cabot Financial (UK) LTD has failed to respond to the Section 78 request and remains in default of the section 78 request.

 

4.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;

 

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

 

6.It is therefore averred that there has been a misappropriation of payments in connection to this debt which remain unaccounted for and that the amount claimed by the claimant is not a true figure of my indebtedness.

 

I therefore reserve the right to submit a counter claim or request the court to amend/set off any figure once the claimant has clarified the true amount outstanding.

 

7.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.

[Josh2017]

Thanks Andy you have been a great help, I have just submitted the defense i guess its just a waiting game now.

[AndyOrch]

[Josh2017]

Hi Andy Ive just received a response from Restons with regard to my claim, they are basically rubbishing it, shall i post a copy of their response here?

[AndyOrch]

Hi Andy Ive just received a response from Restons with regard to my claim, they are basically rubbishing it, shall i post a copy of their response here?

 

Post it here Josh as its in response to your Defence.

 

Andy