1970 vc Cabot YES, THEY ARE TAKING ME TO COURT

[1970]

When I acknowledge the claim, I'm not sure whether to defend or counterclaim.

 

Ideally, I need more time for the CCA to expire and counterclaim for damages but that seems like too much hard work as I've got bigger and more exciting fish to fry at the moment.

 

My objective is just to get the claim thrown out.

 

Any ideas on how to proceed with this one as I need to acknowledge in about 10 days?

 

1970.

[1970]

Hi All, Here's my intended 3 part defence:

1. I do not acknowledge the debt.

2. The claimant has failed to supply a copy of an executed agreement as requested by the defendant in accordance with the Consumer Credit Act 1974. The defendant made a request for copies of agreements and paid the statutory £1 fee for both alleged debts. The claimant received the request on the XXXXX 2007 by recorded delivery and has failed to comply. The debt is unenforceable and it is the defendants’ request that the claim is struck out.

3. The claimant states the alleged debts were purchased from XXX and XXX. The claimant has failed to provide a notice of assignment for the alleged debts. The debt is unenforceable and it is the defendants’ request that the claim is struck out.

What do you think?

1970

[tomterm8]

I am no longer welcome on CAG

[gerryb2]

hi 1970

 

Providing you have acknowledged claim within 14 days as suggested earlier then you have 28 days from date of service to file your defence. I would simply file on day 27 asking for documentation as per tomterm8's post with leave to enter further defence if they produce documents. I think then would be a better time to introduce unlawful charges argument in full as you don't know yet if agreement etc.(if produced) will comply with CCA 1974. Some judges like it kept simple - one stage at a time

 

If incorrect or no documents produced you could then apply for claim to be struck out on that basis alone. Be aware that some judges might decide that an agreement exists even if docs incorrect so have a good "unlawful charges" defence in your second pleadings

 

good luck and keep us updated

[1970]

Hi Tomterm8,

 

Many thanks for the wording. Do I use it in my defence within 28 days or do I save for when I go to court?

 

1970.

[tomterm8]

I am no longer welcome on CAG

.

[1970]

Ok, update.

 

Had the following letter from Cabot (Europe) as a result of my S.A.R - (Subject Access Request)'s and CCA's for both accounts. Here's the text: (my comments in red)

 

Dear 1970,

 

Cabot References xxxxxxx and xxxxxxx

 

Yours letters of xx may 07 have been forwarded to me from our solicitors hodsons in order to respond. Firstly, please accept my apologies in replying.

 

I have requested copies of the agreements from the creditors xyz and xyz, as a matter of urgency and shall send such copies as soon as we receive the same. However, please be advised Cabot Financial Europe Limited (Cabot") has no obligation under section 77, 78 or 79 of the consumer credit act 1974 to supply you with copies of your agreements, as Cabot is not the creditor for the purposes of the consumer credit act. This is incorrect, the act clearly states rights and duties. correct??

 

As we are not the creditors we are returning your cheques for £1 which covers the fee set by the act. Any £1 fee cashed, if any, shall also be returned to you. Furthermore, as we have no obligation under the above act to supply the information, the time limit does not apply to us. I CCA'd the credit card companies, hodsons and cabot uk.

 

Cabot Financial UK Limited formerly Kings Hill No1 Limited purchased your accounts from XYZ AND XYZ and therefore Cabot Financial UK Limited is the legalk owner of your accounts. The rights but not the duties of XYZ and XYZ were assigned to Cabot Financial UK Ltd in dealing with your accounts and therefore Cabot Financial Europe Ltd as a servicing company and agent to the Cabot Financial Group, are legally entitled to enforce the credit agreements, which you signed and consented to with XYZ and XYZ. Cabot UK registered defaults on my credit file in 2003. How can this be possible if they were called kings hill back then. Who are they sharing my data with?

 

Notwithstanding the above, we assist the creditors and our customers at all times in providing requested information.

 

Cabot previously provided you with two notices of assignment, also know as hellow letters. XYZ and XYZ also provided you with the relevant notices of assignment. The notices of assignment deem proper legal assignment of your accounts to Cabot Financial UK Ltd. Cabot did not and neither did the credit card companys. Can I make them prove it?

 

Please be aware that it can take up to 40 working days for us to receive the information you have requested so your patience in this matter will be appreciated.

 

In the meantime, please do not hesitate to contact us on 01732 775105 if you have any further queries. The customer assurance department is open from 9am to 5pm monday to friday.

 

yours sincerely

patrick hill.

 

 

In view of the claim form they have issued, I need to respond soon with a defence to the claim and also use this letter from them in my defence.

 

Any comments please...

 

1970

[andrew1]

Ok, update.

 

Cabot UK registered defaults on my credit file in 2003.

 

I would like you check this again and PM me or post back here EXACTLY what is stated on your credit file as who registered the default. Please provide me with the full company name which you state was registered in 2003.

 

Then the rest can be tackled piece by piece ( hear that Mr Cabot, we are picking through your company p i e c e by p i e c e

 

Sarah

[1970]

Hi Sarah,

 

Firstly, my mistake 2001 not 2003. Here's a cut and paste straight from credit expert download excluding personal info:

 

Entry Number:C1 Name and address:MR 1970

LIVES IN A HOUSE ON A STREET IN A TOWN.Date of birth:1970Company name:CABOT FINANCIAL (UK) LTDAccount type:Credit Card / Store CardStarted:16/01/1998Default Balance:£2,325Current Balance:£2,305Defaulted On:31/08/2001File updated for period to:15/04/2007Status History:

(brackets indicate most recent status)

 

 

 

End of paste.

 

I suspect the original creditor registered the default but Cabot UK updated the file in April 07???

 

1970.

[andrew1]

Thanks, that explains that. The company who originally bought the debt was Kingshill No1 Ltd in 2001 and it would have been they who registered a default. You can check that from previous Credit records. CFUK changed names in January 07 with Kingshill and are now updating with CF UK at the CRA's so that explains it.

 

Okay, will get back to you on the rest..

 

Piece by Piece Mr Cabot..

[tomterm8]

I am no longer welcome on CAG

[tomterm8]

I am no longer welcome on CAG

[1970]

claimant is cabot uk and the form is signed by kings hill.

[1970]

I've acknowledged the claim online 3 days ago, but I've not filed a defence yet. I have about 14 days to go.

[tomterm8]

I am no longer welcome on CAG

[1970]

Hi Tomterm8,

 

I'm going to use your wording in post #28.

 

I'm also thinking of adding a note in regard to the fact that they admit in their recent letter they are not the creditor and therefore the claim should be struck out.

 

Good idea?

 

1970.

[tomterm8]

I am no longer welcome on CAG

[1970]

Was just about to submit my defence online. I was going to add the following to the text already provided by your good self:

 

******************

7. The claimant admits it is not the creditor in a letter to the defendant dated 15th May 2007.

 

8. Therefore, the defendant requests that the claim is struck out on the basis of point 7 above. In the alternative, in addition to asking the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925, the defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts the amount claimed.

 

**********

What I'm trying to achieve in point 7 is that if they admit they are not the creditor how can they make a claim. If the court doesn't agree then I want point 8 to be taken into consideration.

1970.

[tomterm8]

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[tomterm8]

I am no longer welcome on CAG

[1970]

Good letter. Should I still submit my defence in the meantime? Date of service was 2nd May.

[tomterm8]

I am no longer welcome on CAG

[1970]

Just rang the court - I have until the 4th June. So if I send the letter special delivery for guaranteed next day delivery tomorrow I can give Cabot 10 days to comply as I'll have 13 days in total.

 

I could have my defence written up as the court have given me the direct fax number for defences.

 

If Cabot do not comply with the CPR letter I assume this would add another point to my defence?

 

1970

[tomterm8]

I am no longer welcome on CAG

[1970]

Yes, it's a working day. Thanks for you help my friend.

 

I'll keep you updated.

 

1970.