Cabot/Reston - old stayed claim - in court tomorrow any advice

[Starboy]

Hi Cabot /restons are taking me to court tomorrow for an unpaid credit card debt.

 

Card was started in 2002.

Debt was built up whilst receiving treatment for prostate cancer because I ran my own small limited company.

Although the card was registered in my name,

The card was used solely to pay business debt and that business folded some years ago.

 

Lloyds TSB sold debt to apex management who in turn sold on to Cabot but I have no evidence of Cabot purchasing from apex.

 

Restons tried taking me to court in Northampton last year but it was stayed because they could not provide my request for production.

 

The law then was that they had to produce this in 12 days plus 2 days.

Do you know if this still stands?

 

Tho they have since sent me copy of one page of signed agreement with illegible writing.

They have sent statement of account of duration of card use

and also copies of limited pay plan where the company paid £5 pm for several as a gesture of goodwill.

- this was not to Cabot who bought debt later

 

In my defence tomorrow I have obtained doctors letter confirming the loss of my mother recently and that I am suffering from stress and anxiety - btw I am 66 years old.

 

They have not produced original agreement under credit consumer act of '74

 

This is my defence

 

I quote consumer credit act of 1974 they did not comply with statutory 12 days plus 2 to supply the signed credit agreement. Northampton court have already stayed this case previously because restons were unable to supply requested information.

 

Any help and advice for tomorrow would be much appreciated thank you

[honeybee13]

Hello and welcome to CAG. The forum guys should be along later with advice for you.

 

My best, HB

[Starboy]

Thank you very much starboy

[obiter dictum]

If they have not sent you a legible CCA agreement with your signature in their court bundle they are stuffed.

Especially as this is a 2002 account so pre 2007.

The CCA 2006 will now apply with section 127(3) which is an absolute defence

 

3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

http://www.legislation.gov.uk/ukpga/1974/39/section/127/enacted

[BazzaS]

If you are in court tomorrow : what defence have you submitted?

What directions were given regarding submitting your defence?

[AndyOrch]

Hi Starboy

 

If you could read the following link and provide a little history of the debt and claim..copy and paste the Qs and responses back here.....although its a little late to advise anything at this stage of proceedings.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

 

PS Apex and Cabot are one and the same.

Have they served their documents and witness statement on you ?

 

Have you checked to see if they have paid the hearing fee ?

 

You state your defence was...

 

" I quote consumer credit act of 1974 they did not comply with statutory 12 days plus 2 to supply the signed credit agreement. Northampton court have already stayed this case previously because restons were unable to supply requested information. "

 

Andy

[Starboy]

Thank you all for such quick response.

 

This is all new to me

- never been in court before and probably not prepared enough!

 

I have a notice of hearing of application from county court.

I have not submitted a defence as was not advised I was supposed to?

We then receive notice of hearing of application on 27 Feb 2017 in local crown court for tomorrow

 

I am representing myself tomorrow using advice from online sites.

[removed] has been useful although a USA site.

 

Initially back in August 16, Restons claimed

" please note that in the absence of a formal request being made along with the appropriate fee,

we are under no obligation to provide the documentation you have requested".

 

 

The Northampton court then stayed the case but they then Supplied the relevant info

- without me paying them and brought a case to my local county court

[dx100uk]

can we have that link in post 6 done please

 

 

dx

[obiter dictum]

What is the application being made at the court tomorrow

 

Can you type out that direction notice as to what application

[AndyOrch]

Sounds like an application to lift the stay and proceed or /and request summary judgement...but for this you must have submitted something purporting to be a defence for the claim to be stayed?

 

Andy

[Starboy]

Name of the Claimant ? Cabot

 

Date of issue –initial claim Northampton 10/8/16

but stayed September 2016 with following message

-

What is the claim for –

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and lloyds bank dated on or about Jun 24 2002. Assigned to the claimant on Mar 31 2014.

 

What is the value of the claim? Approx £18,000 with accrued costs

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card debt

 

When did you enter into the original agreement before or after 2007? 2002

 

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 – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? No I do not think so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Debt was piling up due to high interest. It was company debt although in personal name and company eventually folded

 

What was the date of your last payment? Company made several £5 payments 25 March 2014 on advice of step debt charity

 

Was there a dispute with the original creditor that remains unresolved? Only that we told them we were in financial difficulty and were never offers debt advice

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes telephoned several times was unaware at that time of debt advice agencies so tried coping alone

 

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts). Done

[Starboy]

Yes Andyorch

I think it is an application to lift stay

 

Excerpt is

If the court is not minded to deal with this application on an ex parte basis

then I respectfully request the application be listed for a hearing with a time estimate of 40 minutes that the application be treats as an application

 

1 to lift stay on these proceedings

 

2 to strike out the defence

 

3 for summary judgement

 

4 for an order that the defendant do pay the defendants costs on contractual indemnity basis pursuant to car 44.5

[dx100uk]

summary judgement hearing

 

 

wheres their original particulars of claim

from the original claimform please

[Starboy]

Sorry thought I posted earlier.

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and lloyds bank dated on or about Jun 24 2002. Assigned to the claimant on Mar 31 2014.

[dx100uk]

right so a Lloyds credit card debt

 

its a N244 you've received

 

on the original claim you ONLY file this:

 

This is my defence

I quote consumer credit act of 1974 they did not comply with statutory 12 days plus 2 to supply the signed credit agreement. Northampton court have already stayed this case previously because restons were unable to supply requested information.

 

or that's not what you filed by your resume of it

if its not what you file

we need it verbatim please.

 

and scan to PDF the agreement sheet they have sent

the rest is useless to see

[Starboy]

Should I have submitted a defence to the court? I was not aware I was supposed to do this?

I have read online that I can use the following as part of my defence

1

" defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of plaintiffs claim and based on that denies generally and specifically plaintiffs claim" ?

 

Also.

2

"Defendant demands proof of plaintiffs ownership of alleged debt"

 

Because I never entered into a contract with Cabot and have never signed a contract with them - which they have admitted to.

3

" defendant cites failure of consideration whereas no exchange of money or goods occurred between plaintiff and defendant. Therefor defendant cots failure of consideration"

 

4

" scienti et volenti non fit injuria

[dx100uk]

so what DID you do when you got the claimform?

ANYTHING AT ALL??

[Starboy]

Sorry I am a little confused and overwhelmed by all of this. I have scanned as pdf the original defence to the claim and the copy of the agreement they sent me which i will try and attach

Scan 1.pdf

Scan.pdf

[dx100uk]

great so you did file a defence to the claim.

 

 

I've had to hide those

as you've left the credit card number showing

and the claim number showing.

[dx100uk]

and this is the text from the N244 you got from rectums:

 

 

stayed September 2016 with following message

I acknowledge that these proceedings have been stayed since September 2016 following receipt of the defence

my firm made the decision to allow the claim to become stayed automatically so that attempts could be made to obtain account documentation from original creditor.

To try to resolve matters amicably with the defendant in order to avoid need for this litigation to continue.

However as those attempts have been unsuccessful I respectfully ask court to lift stay.

[Starboy]

yes just part of very long document- like I said never had to do this before and find it confusing!

[dx100uk]

nice of you to come here with plenty of time then..........:lol:

[dx100uk]

for ref

here is your defence you filed

 

I have requested a request for production from cabot finance & they have not produced this

 

I requested

1, original agreement with my signature

2, all receipts for every transaction for entire life of credit card

3, what was purchased on each transaction

4, the payment record

5, a signed agreement between myself and cabot

[dx100uk]

We then receive notice of hearing of application on 27 Feb 2017 in local crown court for tomorrow

 

 

did that not also say you had to do a witness statement by xyz date?

[AndyOrch]

We then receive notice of hearing of application on 27 Feb 2017 in local crown court for tomorrow

 

 

did that not also say you had to do a witness statement by xyz date?

 

It will have but that has been and gone now...best thing to do is draft a skeleton argument of the points that you are going to argue tomorrow.

 

Take a read of their witness statement in support of their application (I assume you have been given a copy or that they provided one?) and look at the points that they will rely on to convince the court to strike out your defence.

 

What time is your hearing tomorrow?

 

Andy