Cabot county court claim**WON**

[tomterm8]

Have you acknowledged service yet?

[blueyid]

yes

[tomterm8]

Hi, have you sent a CCA with respect of EACH account they are claiming?

[blueyid]

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES. i sent this for each account go back 3/4 post they have repiled

[tomterm8]

In this case, it is very useful to send a credit agreement request, as well as the CPR request.

[ginnever]

Should i use this

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

When you send out a request like the above how long does it normally take for a response, anyone know?

[tomterm8]

Well, I wrote the letter, LOL, and in my experience you normally only get all the info when the Judge orders it:)

 

But it gives you a nice lookin reason for asking for disclosure... and defending the case... and makes a heck of a lot of defences possible.

[Seahorse]

I can see Hodsons and Cabot dropping another clanger in the near future.

 

I'd like to be able to say that when challenged like this, they back off. But they don't always. So do be aware that this may go to the wire.

 

Sit back and enjoy the ride.

[blueyid]

Sent a cca request last mon the request i sent was four diff accounts i listed all the accout numbers i also sent a cheque for £4 pounds. cabot have replied but have only listed one of the accounts + they sent my cheque back. Do i need to send a letter to remind them it was 4 accounts or just wait

[rory32]

Just wait and ignore their nonsense. I assume you have a copy of the letter you sent?

[blueyid]

Today i have received a welcome letter WELCOME TO CABOT the cabot financial group has recently bought the account you held with mbna.

iam getting a little bit confused.

[toolongtooshort]

Just keep hold of all letters, as if Cabot do respond to your defence, you may be able to use their confusion to aid you.

 

I had a similar thing whereby Cabot issued a CC claim, entered my defence and the court asked Cabot to prove the debts, they couldn't and it was stayed. Cabot since contacted me advising they were no longer going to attempt to collect the 'debt'. Although they had no chance getting it in the first place.

 

Good luck.

[blueyid]

Defence date is the 26th of this month. i sent a cpr request and a cca request for each account its now 14 days 21 days for the cpr still no copy of aggrements.

 

my question do i send my defence via moneyclaim, or by post,email or fax + what day do i send

[blueyid]

Can anybody help me please

[tomterm8]

can you post up the particulars of claim? Have you made any payments / written acknowledgement of the debt(s) in the last 6 years?

[pt2537]

Just to clarify

 

Have you made a payment or written acknowledgement in the past 6 years, before they issued proceedings

 

It would be helpful to get clarity on this as we can help you, but you need to help us to do that

 

regards

 

paul

[blueyid]

particulars of claim

The claiment is part of the cabot financial group and has purchased the debt(s) for payment the defendant has failed to pay the sum of £8638.11 in relation to the defendants

marks and spencer charge card acc no xxxxxxxxxxx

hsbc current account xxxxxxxxxxx

mbna gold acc no xxxxxxx

morgan stanley credit card xxxxxxxxxx

and the claimant claims £8828.11 together with intrest under section 69 of the county courts act 1984 and costs

[blueyid]

On 2 of the accounts no payments in the last 6 years or written acknowledgement the other 2 iam still checking

[blueyid]

4 letters from cabot today ref cca request. we will as a gesture of goodwill put your accounts on hold

[blueyid]

Notice of transfer of proceedings

this claim has been transferred to the chelsmford county court as the CCBC solicitor is no longer acting.

Is this normal for this to happen

[tomterm8]

Notice of transfer of proceedings

this claim has been transferred to the chelsmford county court as the CCBC solicitor is no longer acting.

Is this normal for this to happen

 

Is that your local court? If so it is normal. It's relatively unusual for the soliciter to change during a trial but not unheared of. Probably good news,

[blueyid]

Received notice of allocation to the small claims track (hearing)

A hearing fee of £300 is payable by the 24th april by the claimant

what do i do now. It also says each party shall deliver to every party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing.

 

I have not received any documents from cabot ref my cca request

[B3rty]

You need to prepare your defence and court bundle, so every thing you intend to use to defend your case letters, extracts from CCA and SIs plus case law etc you need to put into an ordered file and provide to the court and the claiment 14 days before the hearing date, they will have to do the same for you....

[blueyid]

Who as to pay the £300 sorry for the stupid question

[B3rty]

They do as the claimant