Thread: Cabot County Court Claim Received

I have today received a claim form from Northampton county court in relation to a Goldfish account i have CCA'd
I have only received terms and conditions and a copy of a standard new card letter with a supposed Credit agreement with no signature and my name and address in print.
I received this on 11 april 08
I challenged it stating that this is not a valid CCA and informed various agencies, APEX, GPB solicitors and Goldfish themselves
On 11 Aug 08 I had a welcome letter from Cabot stating they had bought the debt.

I have a POC as

The claimant is part of the Cabot Financial Group and has purchased the debt scheduled below.
Despite requests for payment the Defendant has failed to pay the sum of 6710.01 in relation to the Defendants Goldfish bank Ltd
Credit card account number ********
and the claimant claims the sum of 7000.01 together with interest under section 69 of the county courts act 1984 and costs

Its dated the 1 July 09.

I will need to AoS and get a full defence together. can i get some help, i will scan all i have this evening.

Thanks

TS

I have received several default notices, from every company that has been dealing with goldfish. I have overlooked Cabot as I had not sent a CCA request from them. Cabot sent a letter stating they had bought the debt, other than that there is no NoA

Hi i can not seem to find a CPR 31.14 letter only cpr 31.16

Apologies for delay,

TS

Here is one I have been given.

Dear Sir/Madam,

Re:

CPR 31.14 Request

On xxx I received the Claim Form in this case issued by you out of the Northampton county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. You failed to comply with that request.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment

3 the default notice

4 the formal demand letter

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time, you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

As long as you acknowledge and subsequently defend I suspect it will just die a death, it seems that they are issuing papers with a hope of winning by default. The POC are very vague and are of little substance.

hot air, wind and pi** spring to mind.

Stay strong and dont panic

Thanks guys/gals

Originally Posted by thesecret

Thanks guys/gals

Hi, could you please update the thread as I have issued the warrant against Cabot and would like to know if the court has replied to you providing feedback on the documents CABOT has submitted. Thanks

I have only received an allocation questionnaire, very confused, no response as such in relation to docuemnts

its a 150 do i just fill in as per your links?

dated 10/11/09

I have now received a court response ordering the claimant Cabot to

1. Unless the claimant does by 4pm on 24th November 2009 file and serve an amended claim to plead in law and fact the basis for the claim and annexing
a) A legible copy of the agreement and conditions
b) a copy of the assignment
c) a copy of the notice of assignment and
d) a copy of the default notice the notice is struck out

2. If paragraph 2 is complied with the defendent will by 4pm on 8th december 2009 file and serve an amended defence

3. Any party affected by this order may apply to have it set aside or varied or stayed, such application must be made within 7days after the date when this order was served on the party applying

Originally Posted by thesecret

dated 10/11/09

I have now received a court response ordering the claimant Cabot to

1. Unless the claimant does by 4pm on 24th November 2009 file and serve an amended claim to plead in law and fact the basis for the claim and annexing
a) A legible copy of the agreement and conditions
b) a copy of the assignment
c) a copy of the notice of assignment and
d) a copy of the default notice the notice is struck out

2. If paragraph 2 is complied with the defendent will by 4pm on 8th december 2009 file and serve an amended defence

3. Any party affected by this order may apply to have it set aside or varied or stayed, such application must be made within 7days after the date when this order was served on the party applying

Hi - I have a question; did you submit anything to the Court, which prompted them to order the claimant to submit those documents listed above?

I received similarly vague POC, like you (from the Northampton Bulk Centre, so no documents attached) and I'd love to know how you got the Court to order the claimant to get more specific and provide some documentary evidence.

subbing

DP77 i received an allocation questionnaire and also added directions see this link
http://www.consumeractiongroup.co.uk...llocation.html

TS

Thanks - very useful link indeed.