Cabot UK Ltd v brando69

[brando69]

I have received a CC summons from Cabot (Morgan Solicitors) regarding a Barclaycard credit card debt

Particulars of Claim:
"The Claimant is the assignee of a Debt(s) from Barclaycard
Credit Card reference xxxxxxx
Notice of Assignment having been given to the
Defendant in writing. despite demand for payment £xxxxx remains due. The Claimant claims £xxxxx and interest under s.69 County Courts Act 1984 and costs."

I have filed Acknowledgment of Service to defend all of the claim and contest jurisdiction.

Whats the next step please?

Thank you

[MrsD]

Re: Cabot UK Ltd v brando69

welcome Brando69

litigation is not my thing but someone will be along shortly to help you out, could you just give a timescale so that we know where you are exactly?

have you CCA'd this one and is it your only debt? and has it been defaulted?

[brando69]

Re: Cabot UK Ltd v brando69

welcome Brando69

litigation is not my thing but someone will be along shortly to help you out, could you just give a timescale so that we know where you are exactly?

have you CCA'd this one and is it your only debt? and has it been defaulted?

Thanks for the Welcome!

credit file shows a default from Cabot in 2009.
CC summons issue date 31 May
Acknowledgment of Service 13 Jun
I mentioned this briefly on the Cabot UK Ltd v Bachellier 2010 thread and also have been told by Niddy to pm Paul, which I have done and he is having a look at it for me. Niddy suggested to start a new thread so I have but didn't know how to link what I posted before on that thread here.

Yes unfortunately,I have other debts but this is the most pressing.

[CleverClogs (RIP)]

Re: Cabot UK Ltd v brando69

I have received a CC summons from Cabot (Morgan Solicitors) regarding a Barclaycard credit card debt

Particulars of Claim:
"The Claimant is the assignee of a Debt(s) from Barclaycard
Credit Card reference xxxxxxx
Notice of Assignment having been given to the
Defendant in writing. despite demand for payment £xxxxx remains due. The Claimant claims £xxxxx and interest under s.69 County Courts Act 1984 and costs."

I have filed Acknowledgment of Service to defend all of the claim and contest jurisdiction.

Why are you contesting jurisdiction?

Has the Duchy of Pimlico declared independence (again) or has Alex Salmond annexed your bit of London so that it is now subject to Scots Law?

[MrsD]

Re: Cabot UK Ltd v brando69

I'll get it all pulled together for you and then I'd wait and see what Paul says, he is definitely the expert!!

[brando69]

Re: Cabot UK Ltd v brando69

Sorry don't mean to push but time is ticking on, just wanted to know whether I need to send off to Cabot's solicitors a CPR 31.14 or a CPR 18 request or both? Appreciate further help please.

[Paul.]

Re: Cabot UK Ltd v brando69

you cant ask for documents as they dont plead any, by plead any i mean refer to by mentioning the document itself. So a CPR 31.14 request would be as much use as a kick in the groin.

The only document you could ask for is the notice of assignment and thats nothing at all , its as much use as a piece of andrex

Heres the problem,

I set everything out in the PMs to you,

The pleadings are insufficient, you need to read the Civil Procedure Rules Rule 16.

The statement of case is 293 characters including spaces, it is no where near what is acceptable and furthermore i would be inviting the Claimant to plead their case correctly or i would make an application to strike their case out

I cannot post the letter i used on a recent case as it is bound by confidentiality but Cabot are not compliant with the Bulk Centre Rules, or the CPR, the pleadings need putting right first before you can start asking for this n that

Also, i dont understand why you would contest jurisdiction as it seems to me the court has jurisdiction to hear this case

[Paul.]

Re: Cabot UK Ltd v brando69

Dear Sirs,

Cabot financial (UK) limited–v- BRANDO69

Claim number


1 have reviewed the particulars of the claim served upon me on 2011.

My position is that the particulars of claim lack the depth and detail to be considered adequate. It is noted that the Claim was issued through the County Court Bulk Centre, which has a character limit of 1024 characters. However the Bulk Centre rules clearly state that if the Claim cannot be particularised within this limit then it must be issued via the local court. Furthermore CPR 16 does not give a Claimant the right to avoid pleading his case adequately so that he can use the Bulk Centre to issue his claim.

Your Clients pleaded case is some 300 characters including spaces which leaves 700 characters at your clients disposal and which remain unutilised, this in itself shows the lack of care on your clients part. The Claim could have contained a far greater depth of information than what has been included unless it is the case that you do not know the facts of the case against me. I would like to draw your attention to the case of Nomura International Plc v Granada Group Ltd & Ors 2 All ER (Comm) 878 where the Claimants claim was struck out for failing to plead adequately the nature of the claim or to set out adequately even in a rudimentary fashion the facts of the claim against the Defendant. I believe this case would be relevant to my application.


The pleaded claim is insufficient, there is no mention of a contract, nor is the mention of a breach of contract, what the breach was, what the degree of default was, whether or not a default notice was issued, whether or not the underlying contract was regulated by the Consumer Credit Act 1974 or whether the debt relates to an unregulated agreement. Also there is no details as to the assignment, date of assignment date of notice of assignments, all of which are extremely important to this matter and ought to be pleaded within your clients claim.

In considering the pleadings i would point out that given the lack of detail within the pleaded case I cannot plead a Defence. Furthermore, if I were to file a Defence it would be nothing more than a bare denial of the Claim and would undoubtedly need amending once disclosure did occur. I consider placing me in this position to be unreasonable and not in accordance with the overriding objective nor would it be in accordance with the requirements of CPR rule 16 given your client must know what it is its claim is based upon, and if based upon a written contract then it ought to be pleaded as such by mention of that document within the pleadings.

Therefore i intend to apply for an order compelling your client to replead its claim and to disclose documents mentioned within the amended pleadings within 14 days thereof.

However, should you wish to avoid a contested application then I would be prepared to discuss terms on consent with costs in our my favour.

If we do not hear from you by 4pm on the XXXXX 2011 i will file my application without further notice.


Yours faithfully,

If i were pondering what to do, then i may consider something like that, if it were me of course, but its not.

So if you did send something like that, then it would not be because i posted this.

[CleverClogs (RIP)]

Re: Cabot UK Ltd v brando69

If i were pondering what to do, then i may consider something like that, if it were me of course, but its not.

So if you did send something like that, then it would not be because i posted this.

But, instead, it would be at the prompting of his spirit guide or Fairy Godfather?

[Paul.]

Re: Cabot UK Ltd v brando69

[MustGetStraigh]

Re: Cabot UK Ltd v brando69

I have visions of Paul having a Fairy Godmother avatar ...

[brando69]

Re: Cabot UK Ltd v brando69

I like it, it's exactly the letter I was thinking of sending ;-)

[Paul.]

Re: Cabot UK Ltd v brando69

excellent,

but dont forget to keep an eye on time frames, now if Cabot ala Morgans refuse to put their case in order, you will need to consider making an application to the Court for an order compelling the claimant to plead correctly.

If you dont then you will be at risk of default judgment, soooooooo you need to play by the rules here and keep on top of things

[Paul.]

Re: Cabot UK Ltd v brando69

ive replied to your pm btw

[brando69]

Re: Cabot UK Ltd v brando69

I was just wondering when sending my letter to Cabot's solicitors, is it ok to digitally sign it?

Thanks