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Cheekypomme

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About Cheekypomme

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  1. UPDATE ... Firstly Morgans replied ... here's what they put... We write with regard to your CPR31.14 request dated 26th JANUARY 2011... Erm it was NOVEMBER You will note that CPR reads: 1) A party may inspect a document mentioned in - a) a statement of case; b) a witness statement; c) a witness summary; or d) an affidavit e) Revoked You will note that the Claimant has not referred to "the agreement" "the assignment" "the default notice" "the termination notice" "(any other documents mentioned in the Particulars of Claim)" within any of the above mentioned documents. We shall endeavour to provide you with copies of any of the documents referred to above which are pertinent to the issues in the case at the standard Disclosure stage in proceedings. We note that you have failed to file a Defence in these preceedings. WHAT DOES THIS MEAN????? DO I NEED TO DO ANYTHING ELSE??? Much appreciate your help ;-)
  2. Hi, I realise this was many moons ago but wondered if you could help. I have just sent a sec.78 to Morgans/Cabot requesting documentation of me owing Capial One C/Card 10k from 3yrs ago. They sent me a County Court Claim form from Northampton so I logged onto moneyclaim.gov.uk to acknowledge and did the procedure to ask for more time. Do I still do a CPR 31.14 as well? I'm struggling to understand all this terminology of the advice that people are kindly giving me. Thanks so much for any help you can give me!
  3. Oh no! I will get onto this tonight Andy...hope I can follow what to put on the CPR with the guidelines you sent me ;-( Work been manic, no defence I know! Thank You!!
  4. Hey Got a reply today from Morgans/Cabot Financial re my request under section 77 & 78 of the Consumer Credit Act 1974. This is what it says... The Claimant shall provide a copy of the requested documentation when a copy is provided by the Assignor. On assignment, the Assignor retains certain documentation relating to assigned Accounts. We must request copies when they are requested or required. These documents are often archived and can take some time to retrieve. Once retrieved, we shall provide copies to you. We return your postal order for £1.00 to you, as is our current practice. We trust this assists you. We now look forward to you contacting us with a view to clearing your account balance in the meantime and to reach a Without Prejudice settlement. You are invited to contact our office on a Without Prejudice basis in order to discuss the matter and provide details of your proposals for payment. Do I now wait to hear back regarding the documents, do I send CPR 31?? Sorry to be such a pain in the butt Totally appreciate your help ..... Cheeky
  5. Hey ;-) I did the MCOL online via moneyclaim.gov.uk there was a password on the Claim Form, to acknowledge which I'm on the understanding gives me 33 days from date of letter. Re Default: Cabot kept sending me letters to pay the 10k (nothing from Capital One) when I phoned all they were interested in was when could I pay it, so I ended up ignoring all other letters from Cabot....I know I shouldn't of done, grrr! I have sent the sec 78 request letter today together with the £1 PO and sent this Recorded Delivery. Should I now send the CPR 31? Gosh is it bedtime yet, lol .... well out of my league here
  6. Hi Andy, Received no default notice from Capital One, only letters from Cabot demanding the money. Interest amounts to Court Fee £190.00 & Solicitor Costs £100 How do I do a CPR 31.14 ( sorry never heard this term before so don't know where to look) gosh this is complicated
  7. POC states: The Claimant is the Assignee of a Debt from Capital One ref xxxxx Notice of Assignment having been given to the Defendant in writing. Despite demand for payment £10933 remains due. The Claimant claims this and interest amount £11223 under s.69 County Courts Act 1984 and costs. This is signed Morgan Solicitors for Cabot Financial Claim Form states Northampton County Court Bulk Centre What came with it: Response Pack Letter, ie) Acknowledgement of Service Admission Letter inc 'Means' form Defence & Counterclaim
  8. POC states: The Claimant is the Assignee of a Debt from Capital One ref xxxxx Notice of Assignment having been given to the Defendant in writing. Despite demand for payment £10933 remains due. The Claimant claims this and interest amount £11223 under s.69 County Courts Act 1984 and costs. This is signed Morgan Solicitors for Cabot Financial Claim Form states Northampton County Court Bulk Centre What came with it: Response Pack Letter, ie) Acknowledgement of Service Admission Letterinc 'Means' form Defence & Counterclaim
  9. Ah right....as I said all new to me.... I will do this when home from work later this eve....Thanks Andy ;-)
  10. Andy, you are welcome to view the POC how will I send this to you?
  11. Hi, Yes you are correct, the Claim Form is from Northampton. There was no agreement copy of or otherwise attached to the Claim Form, just a 'means' form for me to fill in to arrange payment/payments. You are welcome to view the POC. Thanks ;-)
  12. It was my card only. As we were married he used to the card on occasions. I moved to NZ for two years when I came back late last year I wasn't made aware by any statements or letters from Capital One that there was any monies outstanding. Ex is somewhere abroad ;-( No I really do not know what I am doing. I know I am clutching at straws in the hope that I have either been misold the C/Card in the first place (another new thing to come about lately) or Cap One have no signed agreement for the C/Card in the first place. I could offer some payment per month if all else fails and I would rather do that than run up more debt...ie) fees Desperate to get this sorted though.
  13. I can send copy of POC to you? I have been online (MCOL) to acknowledge the claim which gives me more days. I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008. I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.
  14. Thank You! I have been online and done the AOS to acknowledge claim. I guess now I need to get the SEC 78 Request letter out to Cabot and send the £1 PO. What happens if they don't come up with a signed agreement from myself???
  15. I will deal with husband later, too late to be messing round with that just now. Need to get this off my back. The letter is a Claim form in the Northampton County Court. I only received this yesterday and it is dated 29th September!! Then they say I only have 14 days to reply! I still haven't found the 'Letter N' template which is the sec 78 request letter. I really need to get this off tomorrow, at least it acknowledges that I have responded. There seems to be no court date on letter though.
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