received court claim - cabot/restons

[warwick65]

Re: received court claim - cabot/restons

Hi
Litigation is about playing the long game and there are several steps
Once the defence has been entered , the next stage if it gets that far would be Directions Questionnaires, then possibly mediation, then allocation to a hearing.

Get that S77 request sent - you can then say in your defence that one was sent and not complied with, then if they produce one before you file a Witness statement ( maybe 2 or 3 months down the line) you can see if it complies with S77 and with what legislation says it should include, if not that can be expanded on on your witness statement .

At the same time, if , once your defence is in they are able to cross all the t's and dot all the i's and produce a compliant agreemnt, fulfill S77, produce a DN and show its not SB then you still have time to negotiate a settlement.

remember you have the first page of the CCA and NOA but for gods sake don't tell them that at the moment, if they produce something that does not match, well......

IMO you need to now
Send a S77 request to Cabot ( by the way have you said exactly who the claimant is, cabot (europe) , cabot financial (uk) ?
Send a SAR with the £10 fee to NRAM

As suggest previously think about making a Part 18 request


just one last thought, remember the people who answer the phone are not legally qualified ( like most of us on here) so while it may be useful to include the fact the solicitors said it was on hold ( maybe part of an unreasonable conduct request for costs) it is not in itself a defence

[BLUEOTTER]

Re: received court claim - cabot/restons

Hi
Litigation is about playing the long game and there are several steps
Once the defence has been entered , the next stage if it gets that far would be Directions Questionnaires, then possibly mediation, then allocation to a hearing.

Get that S77 request sent - you can then say in your defence that one was sent and not complied with, then if they produce one before you file a Witness statement ( maybe 2 or 3 months down the line) you can see if it complies with S77 and with what legislation says it should include, if not that can be expanded on on your witness statement .

At the same time, if , once your defence is in they are able to cross all the t's and dot all the i's and produce a compliant agreemnt, fulfill S77, produce a DN and show its not SB then you still have time to negotiate a settlement.

remember you have the first page of the CCA and NOA but for gods sake don't tell them that at the moment, if they produce something that does not match, well......

IMO you need to now
Send a S77 request to Cabot ( by the way have you said exactly who the claimant is, cabot (europe) , cabot financial (uk) ?
Send a SAR with the £10 fee to NRAM

As suggest previously think about making a Part 18 request


just one last thought, remember the people who answer the phone are not legally qualified ( like most of us on here) so while it may be useful to include the fact the solicitors said it was on hold ( maybe part of an unreasonable conduct request for costs) it is not in itself a defence

its cabot financial (uk) limited.

I found some more documentation and know that there haven't been any payments made against the account since at least late 2009 and i myself placed the account into dispute early 2010 because n rock hadn't complied with a formal cpr request i made around that date. its been at least 7 years since any acknowledgement or payment on the account.
In view of this should i still get the s77 request in and the sar ? Also whats an s77 requests purpose please ? I understand the Sar is a statement of account or all history related to the account

[warwick65]

Re: received court claim - cabot/restons

I am a tad confused

You say you put the account into dispute in 2010 because they had not complied with a formal cpr request- cpr requests are used when litigation has started. Do you mean a CCA request?

A S77 request is a legal request to supply a copy or reconstituted version of the agreement along with terms and conditions at the start and at default or the loan. There also needs to be a current outstanding balance given

In your case the purpose is two fold,
1) If they can not comply with the request you have a defence and they can not enforce ( as long as you tell the court they have not complied)
2) As the debt is from pre April 2007 the agreement you signed will need to contain all the prescribed terms and if not they can not enforce

As Diana M has already said, as this was a fixed term loan, the limitations period may run from the date the last payment was due of the date they actually called in the whole amount (if earlier) .

It is still very possible that they may argue it is within limitations and unless you understand and are able to articulate well in court or at least in a witness statement it would be difficult

I persona;;y believe that for claims in this region, the odds are very much stacked against the Litigant in person because it is worth the debt purchasers while to use counsel if necessary- hell in Leeds recently , Lowell used counsel of a debt of 2K - they lost because the defendant also had legal representation

Having said all that, someone on here had a 9K claim discontinued recently because the agreement they sent was not compliant and they did a good witness statement citing legislation as to why it could not be enforced

By the way Cabot Financial Uk are not licensed but again the argument over that is not in my skill set
[MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: received court claim - cabot/restons

cabot case seems to rest upon the fact that their interpretation of this is that its not statute barred as the account was placed into default 5 years and 9 months ago.

Which is what I would expect them to argue in court.

So you need a second string to add to your bow.

Di

[BLUEOTTER]

Re: received court claim - cabot/restons

Hi
yes it was a cca request back
in 2010. Must say I'm a tad confused that they'd try and argue that the statute barred act is invoked from the default date. The law is the law isn't it ? 6 years since any payment or acknowledgement of the debt. How can they use the default date ? Shouldnt matter what Cabot say, it's irrelevant, it's a matter of law not their interpretation of it or am I being naive ?

[warwick65]

Re: received court claim - cabot/restons

The Limitations Act says that for a simple contract it is 6 years from the cause of action not the payment or acknowledgement.

There are pages and pages on internet forums discussing what is the cause of action

The cause of action, as I understand it, is when they can first take legal action to enforce the debt. The basic argument they will use is that until expiration of the default notice they can not bring a claim - maybe not entirely true but I would bet most judges would believe an legal advocate against little old me in court

There are multiple examples which show this is the case , although for an HP agreement, BMW v Hart is an appeal court ruling.

A non compliant cca (S77) request or a non compliant agreement are very good, and maybe easier to argue

[BLUEOTTER]

Re: received court claim - cabot/restons

Thank you for the advice, late reply from me due to my struggling with illness but it's welcome nonetheless. I'm going to try and produce my witness statement later, would it be possible for a kind soul to look it over if I pm it please ?