Forgot to add that the original (vague) POC did request the full amount balance of the original BCard, so is this not clearly termination ?

They are now claiming to be seeking only areers but the original poc was requesting the full amount outstanding. additionally, i have a pre-litigation letter from morgans/cabbot in which they set out the full amount outstanding and then demand i pay the outstanding amount or they will proceed to litigate my questions are, a)when is an agreement terminated. Does BCard have to terminate before the debt is sold on? b)If the DC is requesting full payment of outstanding amounts due, is this not termination?

Sorry for the absence, been busy recently Cabbot have sent the same documents (signed application form), plus a dodgy DN. They are claiming that the agreement has not been terminated and that they are only seeking areers and not the full amount. They claim the DN is not relevant to th case and that they only provided it as "good will jesture" By the way does any one have PT's solicitors details. I want to engage them as I am really struggling to cope with all this paperwork. I need to file my defense ASAP

In a similar situation with Cabbot and now at stage where i must file a defence. Cabbot/morgan regarding a barclaycard issue of 4k. thanks TDM

Hello good people, here is my update: Did not receive any response from Cabbot despite reminder letter and further 7 days,so i made an application for disclosure (N244) Hearing date was last week Wednestday. On the Tuesday before hearing (i.e. 1 day before), I received a bundle of cut and paste jobs Highlights were: No legible copy of contract (a really bad photocopy job of an application form that no one could read from) No Area's notices privided, A mercers default notice that looks dodgy (dated June 21, Remedy date 05 July) On to court the next day. Arrived late and had to join Cabbot solicitor in chamber. He was probably hoping that i would not attend, so was visibly dissapointed. Male Judge was very pleasant and made us relax. The husband was very nervous but I was surprisingly calm. I went through the rant of how they had failed to comply etc, for which they blamed Barclaycard's slow response. The Judge ordered that they provide copy of contract and ordered them to allow inspection of all original documents, plus awarded costs and loss of earnings for the day to me. Judge also asked me to come back for an unless order if they failed agan. All in all, a good day. My question is - Can a DN by mercers be deemed in compliance if 1) No allowance for service days - it was dated June 21, Remedy date 05 July 2) No address of Original Creditor Has this been tested in court and does anyone have any links to case law etc. The Judge gave Cabbot 14 days to produce the docs, after which I will clearly have to file a defense.

Thanks all so far for your posts. I have spent the last couple of days reading and i am very glad to have the support of wonderfull CAGer's. Lets hope all goes well with me so i can through the experience be more active in helping others. please find the POC's Where things stand. Reserved claimants CPR31.14 request heard nothing back, after 11 days, as defense deadline looms, Issuing N244 disclosure demand shortly following guides in pt's legal issues doc (thanks pt) POCS for TDM.pdfPOCS for TDM.pdf

Looks like i screwed up. just read that i should have sent CPR31.14. What do i do ?

here is the letter i sent. I will scan the POC and post it later in the day. thanks XXX Any town Surrey, UK Any Date Cabot Financial UK Ltd XXXXXXXX Dear Madam/Sirs Re: XXXXXXXXXXXX v CABBOT FINANCIAL UK LTD Combined CPR 31.12 and CPR 16.4(2) Request On XXXXXXXXXX I received the Claim Form in this case issued by you out of the County Court Bulk Centre, Northampton. I confirm having returned my acknowledgement of Service form to the court indicating my intention to contest all of the proceedings. Owing to this striking lack of particularity in your Particulars of Claim, I require the immediate disclosure by you pursuant to CPR 31.12 of each of the following documents, mentioned or referenced, to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16. 1. The agreement giving rise to the obligation to XXXXXXXX for the alleged credits advanced. 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(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 The deed or other instrument of assignment by which you / the Claimant allege that you acquired rights under the agreement disclosed by you under [1] above. 3 The default notice, the service of which was a condition precedent to the creation of the debt now sued upon by you pursuant to the assignment disclosed by you under [2] above. Additionally and in relation to the interest claimed, pursuant to CPR 16.4(2) 4 Under CPR 16.4(2)(a)(i) please now state whether the claim to £XXXXXXX includes a claim for interest under the agreement disclosed under [1] above and if so, 5 Under CPR 16.4(2)(b) specify the amount of that interest, and 6 the percentage rate of interest, the date from which it is calculated and the date to which it is calculated, alternatively 7 Where more than one percentage rate of interest has been applied or compound interest has been applied in the calculation of the amount of interest specified at [5], specify each element of interest comprising the sum for interest specified at [5] and for each such element specify the amount treated as principal in the interest calculation, the percentage rate of interest, the date from which it is calculated and the date to which it is calculated. 8 Where any interest as above is claimed pursuant to County Courts Act 1984 section 69, specify the date from which it is calculated and the date to which it is calculated. 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 version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.12 request. You should also ensure compliance with your CPR 16 duties and likewise ensure that the particulars regarding interest are fully provided to and received by me within 7 days of receiving this letter. 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. If you are unable to comply with that part of this request concerned with CPR 31 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 any part of this request or fail to request more time, 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 look forward to hearing from you. Yours unfaithfully

I have just received claim of £4600 from Cabbot and i have folllowed forum to request cpr docs as their claim is poorly particularised. They have not responded and the time for defense is running out. How do i apply for an extention or make an application for them to be forced to provide me with the information. I need help please tdm

better still, rather than allow physical inspection, send a certified true copy which you can get at any local solicitors firm, usually for a fiver. Point out that this is exactly the same as was previously served on them, only this time it has been certified. This is a genuine substitute to allowing their physical inspection. Additionally, inform them that you are taking this step as a precaution but that you will be bringing original to court. this should suffice tdm