Jump to content


  • Tweets

  • Posts

    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
  • Our picks

BTB

Cabot and Ruthridge help for a newbie to this site

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3424 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I take it that as Cabot are now writing to you, Ruthbridge are out of the picture?

 

OK, since nobody has managed to come up with any sort of agreement, at the very least, the debt is unenforcable. And it does sound as if the debt will become statute barred in February next year. So you needn't worry about defaults then either. I suggest a letter along these lines...

 

Dear Dimwit,

 

despite repeated attempts on my part to reach any sort of reasonable resolution to this dispute, it is clear that neither you, nor your agents Ruthbridge, have seen fit to provide me with a reasonable response to my concerns. Further, you have admitted to me in writing that you are unable to provide me with a copy of an agreement, or otherwise to prove that the debt you claim I owe to you, exists.

 

In view of the above, you will be perfectly aware that I am under no obligation whatsoever to pay you any money, as I am still unable to acknowledge that the debt to which you refer is due.

 

You will therefore acknowledge that any possible action that you may be contemplating in respect of this alleged debt would have absolutely no hope of being enforced, through the courts or otherwise. It is my opinion that you would be foolish to attempt any such action. However, should you do so, said action will be vigorously defended.

 

In respect of your veiled threats to recommence telephone activity, may I remind you once more that any such action shall be construed as CRIMINAL HARASSMENT, and I shall take action of my own. As it is, it is my intention to pass my concerns to the Financial Ombudsman Service.

 

You should be aware that I do not consider that Cabot Financial, in any of it's many guises, has responded to any of my concernes whatsoever. In particular, I appear to have had no response of any substance in regard to my complaint about the actions of your agent, Ruthbridge. You will be perfectly aware that you are responsible for their actions, and unless I receive an apology from you, I shall be including what I consider their dubious practices in my complaint to the Financial Ombudsman Service.

 

I am, frankly, appalled that you associate yourself with a company that has intimidatory and, quite possibly unlawful, practices at the heart of its business model. It is my considered opinion that they are, at best, acting unethically in their day to day business. You can hardly be unaware of that fact yourself, and I therefore consider you to be complicit in the way Ruthbridge coduct their business.

 

In conclusion, I must tell you that I shall not be responding to your demands for payment as you require. I SHALL be reporting your communications, and that of Ruthbridge, to the Financial Ombudsman Service, as well as Trading Standards and the Office of Fair Trading. In fact, I have serious reservations about both your, and Ruthbridge's, fitness to hold a licence.

 

Something like that anyway. It was a bit off the cuff, so feel free to tidy it up as you see fit. Add add to or omit as needed.

Share this post


Link to post
Share on other sites

Teh cabot group the assignee of your account, is entitled to coolect the outstanding balance on your account and also enforce the original ters of the credit agreement.

 

Although Cabot does not have an obligation under section 77 and/or 78 of the Consumer Credit Act 1974 to supply information, Cabot will assist customers in order to provide information. cabot does rely on the original lender to provide information in order to assist with your enquiries.

cabot has requested a copy of the agreements from Barclays Bank.

 

i'm confused with the above statement they have made when they state this on their own website:

 

Why didn't my lender tell me?

You would have signed a Credit Agreement with the lender when originally opening this account with them. This Credit Agreement allows the lender to sell your account, and all of the rights under that agreement, to another company. They are not required to give you advanced notice of this.

 

source: Cabot Financial

 

surely if they they have bought the account and all of the rights this extends to providing the information you have asked for as they are now the debt owners??..

Share this post


Link to post
Share on other sites

Seahorse I love that letter.word for word..brilliant

 

cheers guys ..will report back when they responed!!!

 

And yes the letter was from CRAPBOTT

Share this post


Link to post
Share on other sites

Right after having another letter from Crapbott in which I sent the same reply to them Ive now recieved this

 

OUR RESPONSE TO YOUR COMPLAINT

I refer to your letter, which was received on 28th December 2008.

 

As previously adviced, I am disappointed that you remain dissatisfied with the manner in which Ruthbridge has handled your account. On behalf of Cabot, I apologise if you personally felt that you were not treated in a manner, which you would expect. therefore, in light of your comments I can confirm that Cabot have now recalled your account. Therefore all future contact and queires should be made to Cabot.

 

I note that you claim you do not acknowledge the above account, as Cabot haas not provided you with a ciopy of the credit agreements. However, as the accounts were opened in 1997, barclays Bank no longer hold this documentation. please be advised that under Section 78 of the Consumer Credit Act 1974 it states "the creditor...shall give the debtor a copy of the executed agreement (if any)" and stress the words "IF ANY".

 

Notwithstanding the above you have been provided with the relevant statements in relation to your accounts. These clearly show that you have used the funds available to you and you have failed to repay to the original lender and ourselves. In addition the statements detail the repayments you made, thus acknowledging the debts, by your actions.

 

In light of the above, Cabot is of the opinion that you have been provided sufficient evidence that the accounts exist. In addition Cabot has provided you with a copy of the notice of assisgment from Barclays Bank clarifying Cabot's ownership. Therefore Cabot is legally entitled to pursue collection on the outstanding balances.

 

I can confirm that the current outstanding balance on the above account is £****.**. Therefore to reiterate our position the debt remains and you are required to settle the outstanding balance to Cabot. therefore I would urge you to contact our collections department within 7 days on 0845 0700 116 to dicuss the available options in order to settle the above account. I must inform you that we require you to cooperate in resolving this account and if this does not transpire, we reserve the right to escalate your account through their collection procedures.

 

Yours sincerely

Chris Atkins

Customer Assurance team Leader ((my A5r3!!!!!!!!!!!!!!)

 

The joke to is the notice of assignment if is a fraudalent one as its got the incorrect address for the date of the letter and it isnt the proper Barclay logo on the header of the letter...

 

Can I inform the Police that this company is sending fraudalent letters out???

 

 

Whats the next step guys.....

Share this post


Link to post
Share on other sites

And also write and tell them that proof that an account once existed in no way consitutes proof of a debt, enforcable or otherwise. And let them know that you consider their poo ridden communication to be as worthy of comment as would be the excretions of a ruminant's rectum. Therefore you see no point in continuing any form of dialogue, due to their nonsensical gainsaying of everything you have written to date.

  • Haha 1

Share this post


Link to post
Share on other sites
And also write and tell them that proof that an account once existed in no way consitutes proof of a debt, enforcable or otherwise. And let them know that you consider their poo ridden communication to be as worthy of comment as would be the excretions of a ruminant's rectum. Therefore you see no point in continuing any form of dialogue, due to their nonsensical gainsaying of everything you have written to date.

 

 

Cheers for that I will..Whats their likely course ofr action next then..Court or do they go down the route of making you bankrupt?? To be honest I work for the Insolvency Service and I've yet to see someone made bankrupt by them..

Share this post


Link to post
Share on other sites

I can only say from personal experience. But that experience tells me they try to ignore you and hope you'll be happy with that.

 

Which isn't to say that some muppet won't dig out an old file in a few years time and try to come back for another go. Which is why I think it's worth while making their lives as miserable as possible by complaining to everybody you can think of. :D

Share this post


Link to post
Share on other sites
And also write and tell them that proof that an account once existed in no way consitutes proof of a debt, enforcable or otherwise. And let them know that you consider their poo ridden communication to be as worthy of comment as would be the excretions of a ruminant's rectum. Therefore you see no point in continuing any form of dialogue, due to their nonsensical gainsaying of everything you have written to date.

 

 

Right guys HELPPPP

 

Sent the above worded letter to Cabot last tuesday at the same time as I complained to the Financial Obusman, Trading standards etc.

Financial have acknowledged my complaint.

 

Just got home from work and there's a Maidstone County Court claim form and Cabot are taking us to court. On the claim form it states 'Monies due to claimant in respect of a debt owed by the defendant on a loan.

 

On the particulars of the claim its states it for a Loan and debt on a current account together with interest.

It aslo states ' The calimant acquired the said debt from barclays on 24 April 2003 notice of which was given to the defendant in writing shortly thereafter. The defendant last made a payment to the account on 1 October 2007 in the sum of £1.00.

 

Now...

1. The pound was for the CCA and I clearly quoted that in my letter dated 29 August 2007 and they were unable to supply it.

 

2. The assignment letter is not an original as its not dated and its got my address for my brother but he wasnt living here in 2003 in fact neither was I. I bought it in 2005!!!!!

 

In fact the last payment made on the debt was 15 Feb 2002 which is 6 years tomorrow.......

 

3. Neither Barclays nor Cabot can supply a CCA.

 

4. My brother still banks with Barclays and has no problem with them at all..

 

 

 

Whats the next step?? Ive read the Notes with this Claim form but I need guidance as to how to build my brothers defence and how to get ti moved into our local court????? Can I attend on his behalf??

Share this post


Link to post
Share on other sites

oh dear oh dear. up date your complaints to ts and fos, FULLY defend the case and wait for seahorse to appear.

 

they got no hope in court.

 

as said defend claim and the will give you 28 days from service to file a defence


If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Share this post


Link to post
Share on other sites

You will need to state that you are defending in full. The claim will then be automatically moved to your local court and you wil be given an extra 14 days to file a defence. Is the claimant Cabot or are there solicitors claiming on their behalf?

I need guidance as to how to build my brothers defence
You will be requesting information under the Civil Procedure Rules. If this information is not forthcoming (which is highly likely) you can ask for the claim to be struck out.
Can I attend on his behalf??
Not unless you have Power of Attorney or their is some medical reason which prevents him from attending. If there isn't while you can attend you cannot attend on his behalf.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites
You will need to state that you are defending in full. The claim will then be automatically moved to your local court and you wil be given an extra 14 days to file a defence. Is the claimant Cabot or are there solicitors claiming on their behalf? You will be requesting information under the Civil Procedure Rules. If this information is not forthcoming (which is highly likely) you can ask for the claim to be struck out. Not unless you have Power of Attorney or their is some medical reason which prevents him from attending. If there isn't while you can attend you cannot attend on his behalf.

 

 

The claimant is Cabot but their solicitor has filled in the forms..MESSRS Hodgons of Rugby.

 

Can I go in with my brother as I really dont think he will have a clue?

Share this post


Link to post
Share on other sites

The claimant is Cabot but their solicitor has filled in the forms..MESSRS Hodgons of Rugby.

Then it's MESSRS Hodgons of Rugby that you will be sending the CPR letter to.
Can I go in with my brother as I really dont think he will have a clue?
Yes you certainly can.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites
Then it's MESSRS Hodgons of Rugby that you will be sending the CPR letter to. Yes you certainly can.

 

This CPR letter what am I actually asking for?

Share this post


Link to post
Share on other sites

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

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. The information must be furnished by the **DATE**, 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

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 **CREDITOR**.

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.

 

I would appreciate your due diligence in this matter.

 

I await your response.

 

Yours Faithfully,

Print do not sign your name and send via special delivery to the solicitors.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Cheers for that..just done the letter and a update to FOS..

Share this post


Link to post
Share on other sites

Can anyone advice me on how to build my defence for court???

Share this post


Link to post
Share on other sites

Well your defence will depend on whether they supply what you have asked for or not, so you'll just have to wait a bit and see what they come up with. In all likelyhood they won't give you the documents you have asked for and your defence will be based on that. The judge then really has two options, the first is to throw the case out, the second is to give them another couple of weeks to supply the documents and then if they don't throw the case out. When is your defence due?


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites
Well your defence will depend on whether they supply what you have asked for or not, so you'll just have to wait a bit and see what they come up with. In all likelyhood they won't give you the documents you have asked for and your defence will be based on that. The judge then really has two options, the first is to throw the case out, the second is to give them another couple of weeks to supply the documents and then if they don't throw the case out. When is your defence due?

 

received the stuff from court on the 14th FEn and sent acknowledgement back on the 15th by recorded delivery so the should get it tomoro (18th) Ive given solicitors till the 26th Feb for info..

Share this post


Link to post
Share on other sites

HELP

 

I sent the CPR letter and their 10 days were up today and ive received nothing nor an acknowledgement from them either. Ive got till the 14 March to reply to court but want to do me defence now as Im getting married in 2 weeks and want it all sorted..

 

What is my next step???????

Share this post


Link to post
Share on other sites

ANYBODY ANY IDEAS?????? PLEASEeeeeeeeeeeeeeeeeee

Share this post


Link to post
Share on other sites

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

xxxxxxxxxxx- Defendant

 

 

 

Defence

 

 

 

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, it is proving difficult to plead to the particulars as matters stand

 

5. Further to the case, on xx/xx/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

6. To Date the claimant has ignored my request under the CPR (letter from CL Finance attached) and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested.

 

7. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

 

8. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 7 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

9. Notwithstanding points 7 and 8, any such agreements must be signed in the prescribed manner by both debtor and creditor. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

 

10. The claimant is therefore put to strict proof that such a complaint document exists

 

 

11. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

12. Notwithstanding point 11, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

13. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

14. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

15. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

16. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

17. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/xxx the Consumer Credit Act 1974 is the relevant act in this case.

 

 

 

 

 

Statement of Truth

 

 

I, believe the above statement to be true and factual

 

 

Signed .....................

 

Date


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Thank you such much..is worth me mention also that I have since last August requested th CCA from the original lender and Cabot together with the fact that they say £1 payment was made in Oct 07 when in fact my letter clearly stated that it was the fee for a copy of the CCA?? Do I include all past correspondence also?

 

 

Whats the likelyhood of this being thrown out based on previous experience????

Share this post


Link to post
Share on other sites

is worth me mention also that I have since last August requested th CCA from the original lender and Cabot

Yes.
Do I include all past correspondence also?

Yes, attach copies of your correspondence to your defence.
Whats the likelyhood of this being thrown out based on previous experience????
The judge is more likely to give them an extra couple of weeks to comply. Then if they don't comply the case will be thrown out.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...