Cabot/Restons ClaimForm - old Tesco credit card debt

[Dialatron]

Name of the Claimant ? Cabot Financial UK Limited

 

Date of issue – 17th January 2018

 

What is the claim for –

 

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Tesco Personal Finance Plc dated on or around Oct 20 2012 and assigned to the claimant on Aug 14 2017. Particulars are a/c no xxxxxxxxxxx

 

DATE 11/12/2017 ITEM Default Balance Value

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a PAP and responded with a CCA (postal order etc)

 

What is the value of the claim? Between 3 and 4 k

 

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

 

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

 

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 who are the claimant.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes probably, didnt keep letters, was in a bad way.

 

Did you receive a Default Notice from the original creditor? I believe I did.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I do not recall getting these.

 

Why did you cease payments? Financial hardship, Mortgage arrears accumulating

 

What was the date of your last payment? Some time in 2014

 

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO unfortunately.

 

 

Hi all,

thanks for being here for those of us who are having a hard time..

 

 

..Before Xmas (so that postal delays were at the maximum)

I received a PAP from Restons/Cabot to which I responded with the CCA according to the forum guidelines.

 

 

Within a day or two of this I received a Claim Letter from Restons

 

I am trying to prepare the CPR31 but the particulars dont really amount to much so what should I request in respect of the evidence they may be presenting?

 

The clock is ticking and I am yet to post the Acknowledgement of Service.

The claim also doesnt give a court 'name' as such,

just a county court business centre and a number. Is this correct?

 

Thank you for any help/reassurance you could give me.

[AndyOrch]

Hi Dialatron and Welcome to CAG

 

You should not be getting a claim form a day or two after notification (PaP) there must be 30 days for allowance of exchange of information.

 

You state a court claim from Restons ? Not posted to you from Northampton ?

 

Regards

 

Andy

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

I would inc it all in the cpr 31:14 reston wont respond anyway.

[Dialatron]

Apologies for my confusion

- the PAP letter and Claim letters were about 30 days apart maybe less, I don't have them to hand.

 

It may have been under 30 days in my 'possession' as they used 2nd class post during Xmas and the letter date was some days earlier than when I received it.

 

I did respond with the CCA within the 30 days but it looks like they sent the claim letter regardless.

[AndyOrch]

And the claim form....from Restons or from the court direct (Northampton MCOL CCBC) ?

[Dialatron]

It appears to be from the County Court Business Centre, Northampton

[dx100uk]

so innocent typos

as post 3 then

 

get moving you've already lost +1 week of your 33 days

[Dialatron]

On the MCOL site should I 'sign' as the defendant?

[dx100uk]

follow post 3

[Dialatron]

Apologies - service has been acknowledged and the CPR 31.14 is ready to send today.

 

Without getting maudlin its a comfort to have help - won't deny that I'm still pretty scared by all this and what might happen.

[dx100uk]

nothing to be scared of

dentist is far worse

 

who did you send the cca request too?

[Dialatron]

CCA went to Cabot, as per the guidelines, Postal Order etc

[dx100uk]

ok good

get read !!

[Dialatron]

Hi again, I have now received the following from Restons.

 

Does this change anything?

 

Are there any actions I need to take as a result of this letter?

 

Thanks

Redact1.pdf

Redact2.pdf

[onthewarpath]

ignore

still file defence with court on time

[dx100uk]

std reply reston send to every CPR if you go read like threads!!

 

don't miss your defence filing date!

 

post it up here first and we'll check it for you.

[Dialatron]

Hi, been looking through some other cases and here is my first draft of the defence - hoping to get it up very soon...

 

Particulars of claim (for reference only)

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Tesco Personal Finance Plc dated on or around Oct 20 2012

 

2. And assigned to the claimant on Aug 14 2017. Particulars are a/c no xxxxxxxxxxx

DATE 11/12/2017 ITEM Default Balance Value

 

 

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 and it is accepted insofar that I have once held a contractual relationship with Tesco Personal Finance Plc. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. I am unaware of any missed minimum payments,.the service of a valid Default Notice and the alleged agreement being terminated, and

 

3.Paragraph 2 is denied.I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant.

 

4. On the 10th January 2018 I requested information pertaining to this claim by way of a Section 78 request to the Claimant Cabot Financial (UK) Ltd to gain further details.

5. On the 24th January 2018 I requested information pertaining to this claim by way of a CPR 31.14 request to Restons Solicitors Ltd to gain further details.

 

6. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide 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 and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

(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.

Edited February 13, 2018 by Andyorch
Edited

[AndyOrch]

A few edits...I would remove the point in blue above..the particulars do not refer to any default or termination of the agreement.

 

Regards

 

Andy

[Dialatron]

Thanks Andy, update below. Is there any need/benefit to point out that I have had no response to my letter to Cabot and/or that my request predates the action?

 

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 and it is accepted insofar that I have once held a contractual relationship with Tesco Personal Finance Plc. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant.

3. Paragraph 2 is denied. I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.

It is therefore denied with regards to the Defendant owing any monies to the Claimant.

4. On the 10th January 2018 I requested information pertaining to this claim by way of a Section 78 request to the Claimant Cabot Financial (UK) Ltd to gain further details.

5. On the 24th January 2018 I requested information pertaining to this claim by way of a CPR 31.14 request to Restons Solicitors Ltd to gain further details.

6. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide 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 and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

(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.

[AndyOrch]

No not really...the court will order disclosure of all the documents further into the process.

[Dialatron]

OK - I'll get this posted via MCOL today.

[Dialatron]

Hello again,

 

So to bring things up to date with this one...

 

Defence was submitted online and shortly after I received written acknowledgement from the court stating that the claimant now had 28 days to act.

 

I received a letter from Restons stating that they had seen my defence and that I should have had possession of all the requested documents but that they would seek to provide these. In the meantime they asked me to contact them to agree a settlement within the next 14 days and they would not proceed with the claim. I made no contact with them.

 

Some 3 weeks later I was sent copies of the notice of assignment which look to me to be correct - again they offered a 14-day period for agreeing a settlement and dropping my defence. They also stated that they were still pursuing the credit agreement and statements as I had requested. Again I did not respond.

 

Checking MCOL through this period showed no changes to the status of the claim although by no it must have passed the date by which Restons should have acted.

 

Then on Saturday I received a bumper pack of documents from Restons. The covering letter is attached. The pack contained the notice of assignments (again), a couple of years worth of account statements (only the last period, the earlier statement comprising the majority of the debt have not been sent) and crucially a copy of the Credit Agreement. Interestingly there is no default notice letter and I can't remember if this was a request/requirement.

 

Now the agreement has an electronic signature only - it comprises only of a surname with no other initials, a DoB and a line saying that this is the equivalent of a signature. The agreement itself appears to be in order - nothing missing or any amendments to it.

 

On the face of it they look to have a case to me - have I missed anything? Is that electronic signature sufficient with only a surname and DoB?

 

How should I proceed at this point - withdraw and agree a settlement (which would probably mean paying for the rest of my working life) or is there life in my defence?

 

Thanks once again for your assistance.

letterx4.pdf

[shamrocker]

If they can produce a default notice then it does look like you'll struggle to get anywhere with this.

 

Tick box agreement is ok post-April 2007.

 

The advice you will get on what to do from here differs from person to person on this forum, but my own view is to use the fact the claim hasn't progressed too far and, therefore, not incurred them too much cost, to attempt a settlement via Tomlin Order for a nicely reduced amount. They'll be aware of the cost advantages of settling early under a TO, and also prevents any situation whereby you may pull something from up your sleeve later in the process.

 

What is the amount of the claim? (round it to nearest £100)

[Dialatron]

Hi,

 

The claim is for £3700 and there's no way I can pay this or any lump sum.

[shamrocker]

How much could you comfortably afford to pay each month?