cabot county court claim

[cm1]

I have been issued with a county court claim from cabot , i did have a monthly arrangement in place with cabot but was unable to keep up with it ,

 

Basically i would like to know if there is anything i can do to stop a ccj being registered against as due to my line of work i cant afford to have it there.

 

they have refused to set up another arrangement in return for not pursuing the ccj .

 

It is a debt i owe and i do wish to pay it . I may have access to a lump in a few months , the debt is for two credit cards totalling 8k .

 

Having read a few threads on here i was wondering if it is possible to do a cca request even though i have been making payments to cabot for the debt .

 

I would be very grateful for any help on what i should do next

 

thanks in advance

[BeauBrummie]

Hi cm1 welcome to Cag,

 

You will need to go a bit deeper than a CCA request if they have actually issued proceedings, although there is no harm in trying but I would personally not at this time.

 

First thing to say is dont speak to them on the phone, they will try to get you to agree to anything to help thier own bank account. Only deal with them from now on in writing. Next time they phone tell them this and follow it up with aletter confirming the same. Then if they phone again dont answer the security questions, they should then not continue the call if they cannot establish who they are speaking to.

 

Secondly I would take anything that they are offering with a deep mistrust unless you get it in writing.

 

Thirdly can you tell us on here what are the Particulars of Claim on the form and what is the issue date?

 

You can fight this and with the help of some good people on here you will be able to come to acceptable solution without a CCJ after your name.

 

Beau

[cm1]

Thanks for the quick reply Beau ,

 

They have actually stopped phoning me , it was me that called them (bit silly i guess)

 

The pariculars of the case are :

 

claimant is part of cabot financial group and has purchased the debts below ,

despite request to for payment the defendant has failed to pay £8k in relation to the defendants capital one and liverpool victoria credit card

and the claimant claims8k together with interest under section 69 of the county courts act 1984 and costs

 

date of issue is 18th march ,

claimant is cabot financial(uk) limited

 

I did get a letter in feb from their solicitors - Morgan- relating to the capital one debt , but the solicitors are not mentioned anywhere on the claim form .

 

Also i claimed back default charges directly from the original lenders and these were passed straight to Cabot and have been deducted by cabot from the outstanding balance

[42man]

If you want to defend this then you have to acknowledge the claim within 14 days of the date on the claim form....if you state 'defend' then you have a further 14+3 days in which to submit your defence....I would send this recorded to the opposing solicitors/claimant - you'll need to edit it to suit...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) 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. That request was ignored][delete if no such request was delivered]

 

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 / the] document(s) 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(s) 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 termination notice*

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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 31.14 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

 

The other option as the particulars are vague is to send the CPR 18 request (again recorded)

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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.

 

The information must be furnished within fourteen days of the receipt of this letter. 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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

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

g. 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.

h. Copies of statements for the entire duration of the credit agreement.

 

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

 

 

I will require this information within the next fourteen 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.

 

Yours sincerely,

 

XXXX (type, don't sign).

[BeauBrummie]

Thanks 42man,

 

I am at work so cannot be so attentive!!

 

Beau

[havinastella]

This claim seems a bit naughty!!!

 

Am I right they have issued this one claim for TWO different cards??

 

1 Capital One

1 Liverpool Victoria

 

 

We need as much information as possible?

 

Did you get default Notices from BOTH Companies?

 

Did you get Notice of Allocation from both Companies??

 

 

Jogs

[cm1]

thanks 42man , is there any of the two letters that you recommend ?

also do i send a copy of this letter to the court as well ?

and what will be my defence or does that depend on the reply i get from Cabot ?

 

sorry about all the questions but just want to make sure i m doing it correctly

[BeauBrummie]

This claim seems a bit naughty!!!

 

 

Am I right they have issued this one claim for TWO different cards??

 

1 Capital One

1 Liverpool Victoria

 

 

We need as much information as possible?

 

Did you get default Notices from BOTH Companies?

 

Did you get Notice of Allocation from both Companies??

 

 

Jogs

 

 

As usual hoping for judgemnt by default me thinks.

 

Nice spot HAS

 

BB

[cm1]

jogs ,

 

yes it is a claim for two separate cards , they have had the capital one for about 2 years whereas they were give liv vic about 8 months ago , i seem to remember i was issued with default notices and also sent a letter that the debt was being sold to cabot .

[42man]

Do you still have the default notices ?

[42man]

I'd like to say send BOTH CPR's, i'm pretty sure it's not an abuse of process....(can somebody confirm this ?)....there are standard defences for both.....

[BeauBrummie]

thanks 42man , is there any of the two letters that you recommend ?

also do i send a copy of this letter to the court as well ?

and what will be my defence or does that depend on the reply i get from Cabot ?

 

sorry about all the questions but just want to make sure i m doing it correctly

 

I would send CPR 31.14 to the claimant solicitors recorded of course as 42 man has posted.

 

You need not worry about a defence as yet, you need to wait for replies to your CPR request if nothing is forthcoming then that will be your defence.

 

BB

[cm1]

i will look for the default notices .

 

I take it i need to do a separate letter for each of the credit cards ?

 

I have to say you guys/gals are great , great knowledge and speedy response - donation to follow

[cm1]

i sent the cpr 31.14 and received a response from morgans stating they agree to an extension of my time to file a defence until 14 days after i receive requested documents .

 

i finally got a huge pile of paper dated 15th june so i guess that gives me until 29th to file defence

 

the paperwork includes

credit agreements , statements and cpies of deeds of asignment

[cm1]

am i correct that they took too long to send the paperwork , i requested in april 2009 , they sent it june 15th

 

can i use that towards that my defence ,

 

I am not sure what i should do next ,

 

If required i can scan the letter and credit agreements to look at

 

thanks

[the_shadow]

You need to post up the credit agreements, the default notices and the termination letters/notice of assignment so they can be looked at.

 

ALL minus any personal information.

 

Also noticed they are claiming stat s69 interest, as these cards were regulated agreements dont think they can do this.

 

S.

[cm1]

they have stated in their letter that they dont need to give default notice or termination agreement , but i will scan the letter as well , i thought i had got default notices but cant find them

[the_shadow]

they have stated in their letter that they dont need to give default notice or termination agreement , but i will scan the letter as well , i thought i had got default notices but cant find them

 

Oh dear... how can they prove then that these agreements were terminated correctly if they cant show even a representation of the default notice

 

S.

[cm1]

http://i853.photobucket.com/albums/ab98/hrashid1/morgan.jpg[/img"]http://

 

i have attached a link to the first page of the letter from cabot , not sure if i scanned properly so will post the rest if this is readable

[cm1]

http://

[cm1]

these are the 2 credit agreements , not very legible as they sent me bad photocopies of the originals

 

 

http://

 

 

http://

[cm1]

Please can someone advise as to what i should do next , im not sure wht to submit as a defence and also what reply i ned to send to cabot

 

thanks in advance

[cluttermoney]

I requested my agreement from Lowells for a capone card and got the same "application" page back, I'll wait for someone more knowledgable to agree but I was told it's no way enforceable.

[the_shadow]

Hi cm1,

 

Fraid I cant help too much as I'm just off out but I can tell you that the Crap1 APPLICATION they have posted up contain none of the prescribed terms, I've double checked the LV application as its largely illegible and I have spotted the prescribed terms I think but I cant read them as a) its illegible and b) its too small even though you've blown them up.

 

They are claiming they have not terminated the agreement but are just claiming the arrears.. can you confirm that they have claimed for the current full balance? If they claim the full balance they are claiming that which would not be repayble until the end of the contract so in my mind a termination.

 

I'm sure somebody will be along to help with a defence, can you post up timescales... i.e. when you acknowledged the claim so they can work out defence dates.

 

S.

[cm1]

i acknowledged the claim in april , but got the letter from morgans saying they will extend time for a defence until 14 days after they provide me the paperwork , this letter is dated 15th june .

 

they have claimed for the full balance outstanding .

 

Also because they have done a 2 for 1 case ie capone and liv vic togetehr under the same claim does this mean that if one of them is unenforceable then the whole case could be struck out ?