Cabot/? claimform - old next store card debt

[puddleboots]

I received a Claim form after sending two CCA requests, although the second one was sent a day after a county court claim was issued to me.

 

I didn't receive a reply from the first CCA I sent in Oct 2015 and haven't heard anything from the second I sent on 16th May.

 

 

The Claim form is dated 15 May

 

The particulars of Claim are;

 

By an agreement between Next Directory & the defendant dated 31/07/2006 ('the Agreement') Next Directory agreed to issue the defendant with a credit account. The defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 3565.71

 

The total amount is for £3830.00

 

Thats it.

 

I've filing my defence now online but unsure what to put in the state your defence box....

 

Appreciate advice guys

 

Thanks PB

[dx100uk]

you don't need to file any defence yet!

 

 

not due for 33 days from that date.

[dx100uk]

can you do this out please

so we have all the correct info to advise properly

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[BankFodder]

Follow the advice above and fill in the form at the link which DX is posted for you.

 

However, don't file a defence yet. File an acknowledgement and this will give you the full 28 days to fund the defence. That will give you easily the 12 days required for this CCA to be provided to you. If it doesn't arrive then your defence will be clear – that the alleged debt is denied and that in any event they have failed to provide a copy of the CCA despite your statutory request.

[puddleboots]

Name of the Claimant ? CABOT FINANCIAL LTD

 

Date of issue 15 MAY 2017

 

What is the claim for – the reason they have issued the claim? PARTICULARS OF CLAIM;

 

1.BY AN AGREEMENT BETWEEN NEXT DIRECTORY & THE DEFENDANT WITH A CREDIT ACCOUNT. THE DEFENDANT FAILED TO AKE THE MINIMUM PAYMENTS DUE & THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT.

THE CLAIMANT CLAIMS

1. 3565.71

 

 

What is the value of the claim? £3830.00

 

Is the claim for - catalogue

 

When did you enter into the original agreement before or after 2007? I'M NOT SO SURE ON THIS, I THINK IT MIGHT HAVE BEEN 2007. IVE HAD A LOOK ON MY CREDIT REPORT BUT FOR SOME REASON ITS NOT SHOWING ANYTHING BEFORE 2017.

 

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. CABOT

 

Were you aware the account had been assigned – YES I RECEIVED A LETTER INFORMING ME

 

Did you receive a Default Notice from the original creditor? YES

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? CANT SEE ANYTHING WITH THAT HEADING, HAVE RECEIVED STATEMENTS THOUGH

 

Why did you cease payments? COULD NO LONGER AFFORD TO PAY

 

What was the date of your last payment? DEC 19TH 2014

 

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 management planicon? I SENT LETTERS SAYING I WAS SUFFERING FROM FINANCIAL HARDSHIP BUT THEY ONLY WANTED TO TALK VIA PHONE, SO NOTHING GOT ARRANGED.

I sent the CCA on the 16 the May and as of today I haven't had a response.

 

I did file an acknowledgement as advised.

 

Should i now file my defence or wait until next week?

[dx100uk]

you wait till date 33

[puddleboots]

ok, so that will be 33 days from the issue date 15th May which will be 16th June.

 

Also in case it makes a difference I managed to find when I entered into the original agreement and it was on 31/07/2006

[puddleboots]

I won't have too much time tomorrow so just want to make sure that my defence is checked here before I submit it.

 

 

I used my previous defence for another claim but unsure how to amend it for these Particulars of Claim, I thought maybe just deleting point 3. as they don't mention a default in the Claim?

 

 

The Claim form is dated 15 May

 

The particulars of Claim are;

 

1.By an agreement between Next Directory & the defendant dated 31/07/2006 ('the Agreement') Next Directory agreed to issue the defendant with a credit account.

2.The defendant failed to make the minimum payments Due & the Agreement was terminated.

3.The Agreement was assigned to the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS 1. 3565.71

 

 

 

#####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 an agreement with Next but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

7. 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

 

8. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. 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

 

10. 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.

Edited June 15, 2017 by dx100uk

[AndyOrch]

[puddleboots]

So after filing my defence on the 16th June this arrived in the post today:

 

We have received your defence and acknowledge you request for documentation pursuant to CPR 31.14

 

In response to your defence stating the particular of the claim are vague and generic, we find that the particulars provide sufficient details to enable you to establish the subject matter of these proceedings.

 

Following your request pursuant to CPR 31.14, this relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

 

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

 

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over inspection. We will then take our client's instruction.

 

Yours...

[/color]

So my interpretation of this letter is that they have nothing. Should I reply or just ignore?

 

Thanks

 

PB

[AndyOrch]

Template response to all defences...on all the CAbot threads....ignore

[puddleboots]

OK thought so, thanks Andyorch