Cabot Court Claim *** Claim Settled ***

[Nottsdave]

Hi

 

Just received a claim form out of Northampton Bulk for CC debt over 11k.

 

 

P.O.C.s are as follows,

 

The claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite request for payment the defendant has failed to pay the sum of £***** in relation to the defendants Abbey National CC account number ********. And the claimant claims the sum of ******* together with interest under section 69 of the County Courts act 1984 and cost.

Morgans Solicitors.

 

My question is can I send off the CPR 31.14 request and if I do what will I ask for as nothing in listed in the P.O.C.s just what Ive typed out above ?

 

Ta

 

Notts

Edited August 14, 2009 by Nottsdave

[babybear39]

Hi Notts, you may be better off in the legal issues forum.

[Nottsdave]

Cheers BB , I have asked Mod to move

 

Notts

[MARTIN3030]

Ok done

[Nottsdave]

anyone answer the question ? please.

 

Notts

[MARTIN3030]

Pocs are very vague.Have you other threads regarding this will be easier to answer knowing some background info.

[Nottsdave]

Hi

 

I rec a few letters from Cabot demanding money but I ignored, next thing claim form from Northampton.

With the P.O.C.s being so vague I am asking what I can ask for in relation to documents.

I was planning to use CPR 31.14 asking for the agreement/DN/NOA what do you think ?

 

Notts

[MARTIN3030]

Yes I would say so.

[Nottsdave]

ok cheers for that.

 

Notts

[Nottsdave]

OK

 

CPR request going today (recorded) I have also acknowledged service online (Mycol).

 

Will wait to see whats comes from Morgans and then be back for help with defence.

 

cheers

 

Notts

[herbie171]

Hi Nottsdave

 

I am expecting a claim from cabot very soon done all the her said ,she said bit and now waiting for the claim to come via Northampton Bulk cc.

I also expect the same P.O.C.s as you and would be interested in what you asked for in the letter sent to Morgan.

 

It also seems like will will both be in the same court I will look out for you

[Nottsdave]

Hi Herbie

 

This is what I have requested via CPR 31.14 ,

 

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 originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 The Notice of Assignment

3 The default notice

Hope this helps

Notts

[robcag]

Hi Herbie

 

This is what I have requested via CPR 31.14 ,

 

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 originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

 

2 The Notice of Assignment

 

3 The default notice

 

Hope this helps

 

Notts

 

Hi Notts

 

It might be worth asking for proof of registered/recorded delivery and subsequent proof of signed for receipt for the NoA (as required by the LoP Act 1925 ss 136 + 196), that's unless you've acknowledged receiving a NoA.

 

Cheers

Rob

[cymruambyth]

Hi, I'm a few weeks ahead of you. My poc were identical and car2403 has suggested going for Summary Judgement using a N244.

[Nottsdave]

Hi Cymruambyth,

 

Can you post a link to your thread please

 

Ta

 

Notts

[cymruambyth]

http://www.consumeractiongroup.co.uk/forum/legal-issues/153641-monument-cabot-5.html

My poc are on post 92. I have then followed my actions in this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/197031-oh-cap-1-rob-4.html from post 60.

Hope this makes sense and helps!

[Nottsdave]

ok

 

The 7 days are up, what the best thing to do now, I still have to put in a defence but I have one I prepared earlier (so to say).

Is there anyway I can put pressure on them to produce ?

 

Notts

[cymruambyth]

Hi, just to let you know I didn't go for a SD in the end but filed a longish defence, most of which is on my thread.

I think if you receive no response from Morgan's you can enter an 'embarrassed' defence as you will have no documenation on which to base a response.

[Nottsdave]

so its now time for the embarrassed defence, anyone know where theres a good one I can use ?

 

Cheers

 

Notts

[cymruambyth]

Hi this is the one I was given to work from. If I find mine I'll post it.

 

 

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

Statement of truth bit here

[colinsunderland]

Have a look at my thread, not finished yet but am further forward than you and is alsmot identical to yours.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/153323-cabot-court-case-any.html

[Nottsdave]

Thanks both

 

Hope your case(s) goes well.

 

Notts

[Nottsdave]

So .....

 

I sent in the defence on time had a letter from the court saying that they are forwarding defence to claimant and they have 28 days to decide if they wish to continue.

 

So the CPR 31.14 letter states that they have 7 days to respond, they dont respond. The system is crap why are they allowed to get away with breaking the rules

 

So I now just have wait for the tos*ers to get off there ass:mad::mad:

 

Rant over.......................

 

Notts

[babybear39]

Make a formal complaint to the court.

[Nottsdave]

Its still with Northampton Bulk Centre at the moment, can I complain to them ?

And is there a standard form to complain on do you know ?

 

Notts