Letter of Claim Restons for Cabot/Lloyds OD

[Arthur]

Hi, Often visited here for a read, but this is my first post
Background:

• Type of account OVERDRAFT
• Date commenced 25/01/2000
• Approx balance £1,900
• Date last paid 31/03/2015
• Are you on arrangement or not paying Not Paying
• Status Default
• Account owner Restons

This is an old current account from Lloyds, opened 2000, last serviced March 2015

Terminated by Lloyds September 2015
Assigned to Cabot August 2017

Letter of Claim received 27/11/18

When this was first assigned to Cabot I wrote to them to ask for further details, the terms and conditions I signed upto in 2000, a full statement to determine how the debt had occurred with charges etc, a copy of the default notice and a copy of the assignment to Cabot

A few month later I received a letter from Cabot stating

"Unfortunately, they have been unable to provide a copy of the agreement as when your account was opened, they were not obligated to retain this information."

I also received a few months worth of statements
A letter of assignment
I did not, nor recall receiving a default or account termination notice

I now have the letter of claim.
Looking through this letter I should tick box D? Where I dispute this dept, here it is asking me to provide a reason for this dispute. Should I include any reasoning or just tick Box I where I can request a copy of any contract, statement of account, how any charges/interest was calculated etc?

Not entirely sure what to do next!

Thanks

Art

[nightwatch]

can you email Di at, di@joannaconnollysolicitors.co.uk

every claim is different so don't want to give the wrong advice on what you need to send for

Tell her Nightwatch told you to do it !

[Joanna Connolly Solicitors]

Terminated by Lloyds September 2015
Assigned to Cabot August 2017

Letter of Claim received 27/11/18

Hello

Which 'Cabot' do you believe purchased your debt?

That important legal fact should have been stated on any Notice of Assignment (were you served with a NOA?).

Was it Cabot Financial Ltd or Cabot Financial (UK) Ltd or maybe some other entity?

(I have received your email.)

Di

[Joanna Connolly Solicitors]

can you email Di at, di@joannaconnollysolicitors.co.uk

every claim is different so don't want to give the wrong advice on what you need to send for

Tell her Nightwatch told you to do it !

I'm on it

Di

[Arthur]

Thanks for the reply

it was assigned to Cabot Financial (UK) Limited. I did receive a notice of this in August 2017.
not sure if it is important, in the Letter of Claim from Restons they state assignment was August 2018 and that i was informed of this. Not sure if that is a typo, but in the FAQ section later in their letter it also states assignment as august 2018. I have not recieved a notice of assignment for august 2018.
the heading on their letter also states "re: cabot financial (uk) limited v. Yourself.

Art

[Joanna Connolly Solicitors]

it was assigned to Cabot Financial (UK) Limited.

not sure if it is important, in the Letter of Claim from Restons they state assignment was August 2018 and that i was informed of this. Not sure if that is a typo, but in the FAQ section later in their letter it also states assignment as august 2018. I have not recieved a notice of assignment for august 2018.

I'm not sure a Judge would necessarily rule that an assignment date discrepancy can be excused as a "typo" in law unless there's evidence to the contrary

Di

[Arthur]

When you put it that way a typo would be hard to defend!
with the letter of claim response, i have to reply by 27/12 so really should register post by 21st with the bank holidays coming up. Reading through other threads i think I should complete box d, dispute the debt. I dont feel it necessary to provide extra information here?
i should then tick box I, here should i ask for:
the orginal terms and conditions
statements
the notice of assignment, being careful to look for typos...!
default notice

i havent made a formal request for a credit agreement as i believe there isnt one being an overdraft? Should I do so?

i wont complete the income expenditure form, i dont see why they need this if i am disputing.

would this approach be best here? Are they obliged to send me all the information I request or are they able to ignore and start proceedings?

[Joanna Connolly Solicitors]

i havent made a formal request for a credit agreement as i believe there isnt one being an overdraft? Should I do so?

Was this overdraft facility renewed annually by Lloyds after 2012? You posted it was last serviced in March 2015 and terminated in September 2015.

If so then send a s 77-79 CCA Request to Cabot.

Di

[Arthur]

Was this overdraft facility renewed annually by Lloyds after 2012? You posted it was last serviced in March 2015 and terminated in September 2015.

If so then send a s 77-79 CCA Request to Cabot.

Di

I can not remember if it was renewed annually I cant recall receiving anything that said it was, the OD facility was in place from 2012 to 2015 but I don't know if this was reviewed/renewed each of those years. I didnt make any requests during that period to renew it

I will send a s 77-79 CCA request off in the morning

[Roger]

I can not remember if it was renewed annually I cant recall receiving anything that said it was, the OD facility was in place from 2012 to 2015 but I don't know if this was reviewed/renewed each of those years. I didnt make any requests during that period to renew it
I will send a s 77-79 CCA request off in the morning

S 77/78 CCA Request PLUS £1 (recorded delivery, I send Postal Orders (noting PO Number) ) so you have evidence of Letter and payment!

I believe you also have a Letter Before Claim with a deadline 27/12.
tick Dispute the Debt.
Wouldn't ask them or alert them to issues over dates! Don't want them reconstitution documents! So don't ask for anything
Simply say in default of S.77/78 CCA request.
(its UE while Cabot are in default of that s.77/78 request)

[Arthur]

S 77/78 CCA request sent just now, I'll sit and wait till nearer the deadline till I send the LBC response, will update as and when I get replies. Thanks for help so far

[Arthur]

Hi. No reply as yet to my S 77/78 request to cabot. Due to bank holidays etc will send the reply to the LBC tomorrow, recorded, ticking box D i dispute as cabot not replied to my request. I will enclose a copy of the request letter.
I guess i wont hear too much for a while. Am expecting a reply from cabot to say as this an overdraft it is not relevant to my request etc but wait to see.

anything else i should be doing?
thanks

art

[Arthur]

Hi. No reply as yet to my S 77/78 request to cabot. Due to bank holidays etc will send the reply to the LBC tomorrow, recorded, ticking box D i dispute as cabot not replied to my request. I will enclose a copy of the request letter.
I guess i wont hear too much for a while. Am expecting a reply from cabot to say as this an overdraft it is not relevant to my request etc but wait to see.

anything else i should be doing?
thanks

art

[Roger]

Hi. No reply as yet to my S 77/78 request to cabot. Due to bank holidays etc will send the reply to the LBC tomorrow, recorded, ticking box D i dispute as cabot not replied to my request. I will enclose a copy of the request letter.
I guess i wont hear too much for a while. Am expecting a reply from cabot to say as this an overdraft it is not relevant to my request etc but wait to see.
anything else i should be doing?
thanks
art

"..

Was this overdraft facility renewed annually by Lloyds after 2012? You posted it was last serviced in March 2015 and terminated in September 2015.

If so then send a s 77-79 CCA Request to Cabot.

Di

.."

Use these words "Cabot in default of S.77/78 CCA request. "
Its UE in Law until Cabot fulfil S.77/78 CCA request (plus £1)
Enjoy Christmas!!

[Arthur]

Hi.

So after a period of no response I got a letter today from Cabot thanking me for my 77/78 CCA request but stating that they could not process it as I had not included the £1 statuary fee. I have sent back to them the postal order reference number, the receipt from the post office and a copy of the picture I took of it with the original request letter, hopefully that will jog a memory for them. Is this usual to write back saying payment wasn't included? If it comes down to it will I need to send another one to them?
No response as yet from Restons to my LBC.....