1970 vc Cabot YES, THEY ARE TAKING ME TO COURT

[1970]

Here's a copy of my letter sent on the 22nd May 2007 and received by Cabot on the 23rd May by special delivery.

 

Dear Sirs,

 

I have received the Court claim filed by your Company.

 

To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith.

 

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

This letter supersedes the Data Protection request made to on the 3rd May 2007. The information must be furnished by the 1st June 2007, which gives you ten days to provide what has been requested.

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours faithfully,

1970

 

I guess I should prepare a defence for the court as their deadline ends on the 1st of June and I must reply to the court with a defence on the 4th June.

 

I shall use the basis of the previous text provided on this thread and also the content of this letter.

 

Cheers,

1970

[1970]

2 days to go and no documentation from Cabot...

[1970]

Still nothing from Cabot.

 

However, I CCA'd one of the credit card companies in this Cabot claim directly and today they replied with a photocopy of the last page of the application/agreement form - the part that shows my signature. I was surprised they still had it as it is dated 2000.

 

I'm still waiting for Cabot to produce it as per my recent letter.

 

Anyway, firstly I assume this is not a properly executed credit agreement as it only has my signature on it.

 

Also, under the signature section it says "I agree to any information about me being used in accordance with condition 16 of the terms and conditions."

 

In the envelope was a copy of the terms and conditions and funnily enough there are only 15 sections.

 

The balance of this account was sold to cabot for £1069.60 in March 2002.

 

However, as part of the claim described in this thread, Cabot are claiming £1710.66 + court costs.

 

Also, the credit limit on the card was £750 so somewhere along the line over £1000 has been added to the debt.

 

Jokers.

 

1970.

[tomterm8]

I am no longer welcome on CAG

[tomterm8]

I am no longer welcome on CAG

[1970]

Hi,

 

Defence faxed to northampton court today thanks to the very splendid help of tomterm8.

 

The original document is on my laptop so I'll email it to myself and post it here a little later.

 

It's good. Very good indeed.

 

By the way, nothing in the post today either. I feared there would be a package from Cabot just on the day I send in my defence.

 

1970.

[1970]

IN THE NORTHAMPTON COUNTY COURT Claim: 7XXXXXX

 

BETWEEN:

 

CABOT FINANCIAL UK LIMITED - CLAIMANT

-and-

1970 - DEFENDANT

DEFENCE

[1] The defendant does not admit or deny the debt, and put the claimant to strict proof thereof.

[1.1] (a) The defendant has served upon the Claimant by recorded delivery a letter dated 22nd May 2007 requesting clarification and disclosure under the Civil Procedure Rules. This letter has not been acknowledged neither has the information been disclosed. Such a disregard for procedure has severely hampered the Defendant in producing a counter claim and defence, and the Defendant therefore respectfully asks the permission of the court to amend this defence and for the court to further investigate this failure in light of its powers under the Civil Procedure Rules.

[2]. On 3rd May 2007 the defendant sent a request under the consumer credit act for a true copy of the executed Credit Agreement, and a statement of account detailing the principal, and all charges and fees made in respect of the debt, the claimant received the request on the 8th May 2007 by recorded delivery and the claimant has so far failed to send the defendant any information.

[2.1] (a). The claimant admits it is not the creditor in a letter to the defendant dated 15th May 2007 in which it states that it purchased only the rights and not the duties of the creditor under the agreement. I quote from this letter:

“I have requested copies of the agreements from the creditors XYX LIMITED and XYZ LIMITED, 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.

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.”

The defendant has not had sight of the Document Of Assignment and so can’t confirm that the statements made by the Claimant or associates of the Claimant are correct on this matter.

[2.1](b). It used the admission in paragraph [2.1](a) as an explanation of its failure to provide the documents requested under the CCA 1974. I submit that according to the consumer credit act 1974: s186. Where an actual or prospective regulated agreement has two or more creditors or owners, anything required by or under this Act to be done to, or in relation to, or by, the creditor or owner shall be effective if done to, or in relation to, or by, any one of them. Therefore, the request for the credit agreement became effective when the claimant, even if only an owner of the debt, received it.

[2.1]© The claimant seems to imply that the document of assignment, in granting the rights but not duties of the consumer credit agreement is entitled to pursue this debt without reference to the original creditor, and even when the creditor has not complied with its duties under the Consumer Credit Act 1974 (“CCA 1974”) and the Consumer Credit Act 2006 (“CCA 2006”). This would seem to conflict with the intention of parliament in that a creditor, knowing that it was unable to furnish a credit agreement that complied with the act and that is was therefore unable to enforce the debt would be able to sell the right to any benefit from the debt and thereby gain an indirect benefit from an unenforceable agreement. The attention of the court is drawn to Wilson v Robertsons (London) Ltd [2005] EWHC 1425 (Ch) thus:

”… What the parties were doing was *contracting out* of the provisions of the *Consumer Credit Act* and, even if that was done knowingly, *it was just not possible*. He said:

'What the 1974 Act does is put in place a bright line over which the parties, and in particular the lender, must not step…’

Mrs Wilson's appeal on this point was therefore allowed.”

And to s.173 of the CCA 1974.

[2.1](d) In bringing an action, without including the original creditor as a litigant in this matter, and in light of the letter referenced in [2.1](a) the claimant appears to have based its claim on the argument that when a debt is legally assigned by way of s.136 of the Law of Property Act 1925 (with the requirements of same being complied with) that, ipso facto, the legal interests in the debt and the right for the assignee to sue the debtor in the singular name of the assignee passes absolutely from the assignor to the assignee and thereby - at the time of execution of a document of assignment expressed between the assignor and the assignee – any “Rights” created by the written Regulated agreement (should a written Regulated agreement exist), being the subject matter of the assignment, are effectively severed from any “Duties” created by the written Regulated agreement – with said “Duties” not being extinguished, but remaining intact with the assignor.

[2.1](e) The defendants interpretation of the section quoted in [2.1]© is that any term of a contract of assignment on behalf of the claimant to seek enforcement of the debt is void unless it is consistent with the provisions of the Act. Such a term might, in the view of the court, include any term that allows the rights and duties of the agreement to be severed or for any owner or creditor to sue a debtor while the debt would otherwise be unenforceable as a result of the failure of all existing creditor to comply with its duties.

[2.1](e) I also submit to the court that if it disagrees with [2.1](f) and allows the contract of assignment to stand, then, according to the section of the CCA 1974 quoted in [2.1](b) any judgement by the court would be binding on all owners or creditors under the Consumer Credit Act 1974. The failure to include all persons who would be bound by the judgement of the court as litigants in this matter should be considered by the court as an urgent matter, since it might appear to a superior court to be a breach of the Original Creditors rights under the Human Rights Act 1998, and also to result in a failure to disclose all required information under the Civil Procedure Rules which would be a breach of the defendants human rights under the said act.

[2.1](f) It has come to my attention that some creditors or Debt Collection Agencies have claimed that the effect of CCA 2006 in terms of the requirements to furnish correctly formatted information and of the impact of the repeal of s127(3)to(5) of the CCA 1974 is retrospective on agreements made before s15 of CCA 2006 came into force in April of this year. I refer to s11 of schedule 3 of CCA 2006:

“11 The repeal by this Act of—

(a) the words “(subject to subsections (3) and (4))” in subsection (1) of

section 127 of the 1974 Act,

(b) subsections (3) to (5) of that section, and

© the words “or 127(3)” in subsection (3) of section 185 of that Act, has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.”

[3]. I have not received a copy of default notice from the claimant, and ask that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted .

[4]. During the period in which the Account was operating it is the belief of the Defendant that the Claimant and/or original creditor debited numerous charges to the Account in respect of purported breaches of contract on the part of the defendant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

[4.1] The defendant contends that:

[4.1](a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Claimant; exceed any alleged actual loss to the Claimant in respect of any breaches of contract on the part of the Defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

[4.1](b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

[4.1]© Therefore, 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.

[4.1](d) The defendant respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

[4.1](e) The defendant seeks to inform the court that in the letter referenced in [1.1](a) it asked the Claimant to furnish information or statements from the period that the account was operating, and that the Claimants failure to supply such information is severely hampering the defendants ability to raise such issues in a format that the court could properly consider.

[5] As already stated the defendant sent a letter requesting clarification and disclosure on the 22nd May 2007. The information has not yet been disclosed, and so the ability of the defendant to fully state his case has been compromised. The defendant respectfully asks permission to amend its defence, and to submit a counter claim when this information is supplied by the claimant and once the litigants in this matter are clarified by the court.

I believe that the facts stated in this defence are true.

1970 - Defendant.

[debt_mountain]

Good amended defence. Only point is there are 2 section [2.1](e)'s

[1970]

mmm I'm sure that wont be a major problem especially as I'm litigant in person.

[tomterm8]

I am no longer welcome on CAG

[MRMURPHY]

Subscribing, Interesting Read

[1970]

Received a letter two days ago confirming that my defence has been passed to the claimant. They have 28 days to move the claim to the next stage. After that, if they wish to take it any further they will have to apply to the court to have the stay lifted.

 

1970.

[tomterm8]

I am getting bored of this case.

 

I would suggest, by special delivery:

 

(centre the vs and claim number section)

"

XX Vs 1970

Claim No: XXXX

 

 

Dear Sir,

 

I hope this letter finds you well.

 

I write to inform you that it is my intention - without further reference to yourself, and after a period of 7 days from the receipt of this letter - to apply for your case to be struck out as wholly without merit, and ask that the judge consider a Civil Restraint order against you and your clients.

 

The grounds for this application will be that the assignment your case is based on is invalid as it purports to be an assignment under s136 of the Law Of property Act which grants you the rights but not the duties under this contract.

 

As you are fully aware, an assignment under s.136 MUST be an absolute assignment granting the assignee all rights and obligations.

 

I quote from the appropriate section "(1) Any absolute assignment by writing under the hand of the assignor..."

 

You have no legal basis to claim on this contract or sue in your own name AND BY ATTEMPTING TO DO SO YOU ARE COMMITING AN ABUSE OF PROCESS.

 

Good day to you sir,

 

Yours Sincerely,

 

XXX.

 

P.S. I give you fair warning that if it should come to my attention that you are bring any further cases based upon these faulty grounds OR THAT YOU CONTINUE ANY EXISTING CASES BASED ON THESE GROUNDS KNOWING THAT YOU HAVE NO LEGAL RIGHT TO SUE IN YOUR OWN NAME, I will report you as a vexatious litigant to the Attorney general and will provide this letter to him in evidence. I will also report this to all statutory and supervisory bodies.

"

[MRMURPHY]

nice letter

[1970]

Wow, this sounds good. What is a "Civil Restraint order against you and your clients"??

 

1970.

[tomterm8]

Wow, this sounds good. What is a "Civil Restraint order against you and your clients"??

 

1970.

 

An order that prevents them submitting applications or cases to the court without the permission of a judge.

[1970]

Update: Case transferred to my local court and I have received an allocation questionaire. I doubt Cabot will complete theirs and spend any more money on this pointless case.

 

I am going to send the letter as detailed in post 63.

 

Cheers,

 

1970

[tomterm8]

Update: Case transferred to my local court and I have received an allocation questionaire. I doubt Cabot will complete theirs and spend any more money on this pointless case.

 

I am going to send the letter as detailed in post 63.

 

Cheers,

 

1970

 

Make sure you fill in your allocation questionaire, however:)

[tomterm8]

DCA Address

 

DATE

 

Your Address

 

Dear Sir/Madam,

 

RE: CLAIM : CLAIM NUMBER

 

I write in relation to the claim action you have brought against me, and specifically our mutual obligation to investigate all means of a speedy and equitable settlement of the court action if possible.

 

 

I am, therefore, writing to invite you to offer your proposals for the settlement of these matters.

 

I reserve the right to show a copy of this letter to the court.

 

Yours Sincerly

 

 

 

FAX / e-mail the contact no with the above form. The letter is a tactical move, so you can tell the judge that you asked the claimant for a settlement proposal at trial. If you don't make the effort, the trial judge often gets angry:-)

[ivorbiggun]

Tomterm,

 

Are you available for hire?!

[tomterm8]

Tomterm,

 

Are you available for hire?!

 

I don't think it's actually legal for me to sell my services... due to the not being qualified thing.

[ivorbiggun]

Well have some much deserved rep for all your helpful info. going to send Cabot and Barclays some letters based on your posts.

[1970]

Allocation questionare sent and also a letter based on post 63.

 

1970

[grobbo24]

Subscribing just in case, good luck with this.

[1970]

Just sent this off...

Dear Barclaycard,

Thank you for your letter. May I apologise for (possibly) quoting the wrong account number in my last letter.

I have received letters from various companies associated with “Cabot” and also Barclaycard, all quoting different account numbers requesting repayment of an alleged debt, which I do not acknowledge.

Here is a list of account numbers quoted in various letters:

4929 xxxx xxxx xxxx

4929 xxxx xxxx xxxx

4929 xxxx xxxx xxxx

I have lived at the above address for the last 15 years and my date of birth is 1970. Hopefully this will provide you with enough information for you to retrieve the requested information I require under s78 (1) of the Consumer Credit Act 1974.

In regard to impending legal action in relation to the alleged account, Cabot Financial UK Limited and its associated company Kings Hill No 1 Limited in a recent court claim has stated that you have assigned the rights but not the duties of the alleged credit agreement.

Can you confirm that this is the case, since if this is the case I intend for your company to be added as a party to this court case and to issue a counter claim for all unlawful penalty charges in relation to the account. I will also seek full disclosure of your costs in relation to these penalty charges, and I may also bring a counter claim for libel against your organisation in respect of the incorrect default information recorded at the credit reference agencies.

 

If you do not reply within 14 days of the receipt of this letter, I will take further legal action in respect of this court case.

 

Yours Sincerely,

 

1970