cabot just taken me to court! help please

[jockeylad]

hi cabot have been chasing me for a monument credit card debt. i sent them the cca letter had there standard letter back with po etc saying there asking lender, gave them the 12 +2 days no reply so sent them the letter saying they have not complied etc. about 3 weeks after that they sent me that business reply leter that i signed, but no terms aggreed credit, interest rate etc. about ten pages of there recent terms conditions. and pages of my transactions, since then they have tried to contact me through phone calls letters etc threatning court action which i ignored, i have just recieved court summons at northampton filled by morgans.

please can some one enlighten me as what to do next for my defence? i have heard about asking for a stay? what does this intail, or do i just call ther bluff in court?

cheers for any help

jockeylad

[the_shadow]

Ok, you will need to acknowledge service of the papers if you wish to defend the claim, you then get an extra 14 days to file a defence.

 

You'll need to post up the particulars of claim and advise if this is for an amount over 5k.

 

If you want this moved to the legal forum click on the red triangle on the left hand side and request a site admin move it, more legally minded people in that section

 

S.

[mr.ton]

If you live nowhere near Northampton, then there's no way you are expected to actually turn up there...

Its worth checking if this is legitimate or not, as its not unusual for DCA's to pretend to be an actual court

[cerberusalert]

Northampton is a bulk mailing centre, if you defend the case will be transferred to your local court.

[jockeylad]

bump, after sending aknowledgment letter to court then what do i do?

thanks for help so far:confused:

jockeylad

[the_shadow]

bump, after sending aknowledgment letter to court then what do i do?

thanks for help so far:confused:

jockeylad

 

You have two choices... and only two choices.

 

Defend it or admit the debt and come to an arrangement. If you do neither which I suppose technically is a third option you'll get a CCJ by default.

 

See post two if you want to defend.

 

S.

[ScabHunter]

MODS - Should this be moved to Legal Issues?

 

jockeylad - The first step is to acknowledge service stating that you will be defending all of the claim. This can be done online.

 

Next, you will need to send out some letters requesting information under the Civil Procedure Rules. Exactly what is contained in these letters will depend on the Particulars of Claim.

 

Can you please either scan in the form, taking care to cover anything which will identify you personally, or type out exactly what the Particulars of Claim say?

 

SH

[jockeylad]

MODS - Should this be moved to Legal Issues?

 

jockeylad - The first step is to acknowledge service stating that you will be defending all of the claim. This can be done online.

 

Next, you will need to send out some letters requesting information under the Civil Procedure Rules. Exactly what is contained in these letters will depend on the Particulars of Claim.

 

Can you please either scan in the form, taking care to cover anything which will identify you personally, or type out exactly what the Particulars of Claim say?

 

SH

thanks sh

particulars of claim are

the claimant is part of cabot financial group and has purchased the debt scedualed below. despite requests for payment the vdefendant has failed to pay the sum ofxxxxx in relation to defendants mbna europe bank ltd credit card account number------------ monument credit card account number--------- and the claimant claims the sum of xxxxxx together with interest under section 69 of county courts act 1984 and costs

 

 

 

as said in my first post they never sent me a signed aggreement only the quick reply form which has my signature but no terms or interest rates etc .

i have just sent off acknowledgment of service,defending all of claim.

what do i have to ask morgans/cabot for now?

thanks for help so far

jockeylad

Edited September 22, 2009 by jockeylad
security

[the_shadow]

thanks sh

particulars of claim are

the claimant is part of cabot financial group and has purchased the debt scedualed below. despite requests for payment the vdefendant has failed to pay the sum of XXXXXXX in relation to defendants mbna europe bank ltd credit card account number------------ monument credit card account number--------- and the claimant claims the sum of XXXXXX together with interest under section 69 of county courts act 1984 and costs

 

 

 

as said in my first post they never sent me a signed aggreement only the quick reply form which has my signature but no terms or interest rates etc .

i have just sent off acknowledgment of service,defending all of claim.

what do i have to ask morgans/cabot for now?

thanks for help so far

jockeylad

 

haha oh dear... small claims and they want costs? plus stat 69 interest on regulated agreement debts.... tut tut.

 

The POCS read like its two cards combined? or is it just that MBNA took over the monument card?

 

S.

Edited September 22, 2009 by the_shadow

[ScabHunter]

Interesting question, as there is another case where Crapbot have issued a claim with two accounts combined (trumpetmaest).

 

jockeylad, if you don't want Crapbot to be able to personally identify you, it might be a good idea to edit your post and change the numbers to xxxxx. It is very unlikely that there will be another claim with that exact amount of money.

 

SH

[jockeylad]

Interesting question, as there is another case where Crapbot have issued a claim with two accounts combined (trumpetmaest).

 

jockeylad, if you don't want Crapbot to be able to personally identify you, it might be a good idea to edit your post and change the numbers to xxxxx. It is very unlikely that there will be another claim with that exact amount of money.

 

SH

no just one card monument but i think owned by mbna so two account numbers? what do i need to send off ask for?

cheers

[ScabHunter]

I would send both a CPR 31.14 and a CPR 18 request.

 

CPR 31.14 allows you to request a copy of any document mentioned in the statement of case. Here, you can request the agreement and the notice of assignment.

 

See here -

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

As the default notice is not mentioned in the statement of case, but is essential, I would send a CPR 18 request as well.

 

See here -

 

PART 18 - FURTHER INFORMATION - Ministry of Justice

 

I will print the letters in the next two posts.

 

SH

[ScabHunter]

CPR 31.14 request

 

 

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.

 

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 documents 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

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

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 31.14 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,

 

xxxxxxx.

[ScabHunter]

CPR 18 Request -

 

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 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. 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)

b. .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).

c. 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.

d. 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.

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

f. The Deed of Assignment

g. Evidence of securitisation in the UK

h. The termination

 

 

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).

[100mel]

subbing

[jockeylad]

cheers for that your a star.

sent them off today recorded delivery, what should i expect now?

jockeylad

[ScabHunter]

cheers for that your a star.

sent them off today recorded delivery, what should i expect now?

jockeylad

 

This is Crapbot Farcical! Expect them to totally ignore legitimate requests made under the CPR.

 

If this happens, they can be challenged again at the Allocation Questionnaire stage, or, in the case of CPR 31.14, you can make a formal application to the court.

 

Here are the relevant links. Have a read of these and you will be prepared for what comes next.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-3.html#post1771008

 

The AQ is likely to be the next thing you receive, but that will only happen once you have submitted your defence. We can start preparing the defence now, but it is unwise to submit it until Crapbot have defaulted on your CPR requests. This can then be included as part of your defence.

 

If, by some miracle, Crapbot actually do send you some paperwork, please let us know.

 

SH

[jockeylad]

ok, so if cabot send me some thing/or dont, will the court send me some thing when time is up following my acknowledgement of service as to the next step? sorry about all the questions but i dont have a clue as to it all works:confused:

thanks again

jockeylad

[the_shadow]

ok, so if cabot send me some thing/or dont, will the court send me some thing when time is up following my acknowledgement of service as to the next step? sorry about all the questions but i dont have a clue as to it all works:confused:

thanks again

jockeylad

 

You need to send your defence in before the time alloted is up but you have to give cabot time to respond to your cpr requests first, when they dont supply anything the holding defence will need to be filed. YOU need to keep track of the timescales, the court will NOT remind you....

 

Once the defence is in the AQ gets sent to the other side, they complete and send back with a payment to court and then you'll get an AQ to complete, this is where SH was suggesting asking for draft orders to be implemented to get disclosure.

 

S.

[jockeylad]

court issued summons on 16 sep, i acnowledged service yesterday 22nd what date will be limit for filing my defence?

cheers

jockeylad

[the_shadow]

court issued summons on 16 sep, i acnowledged service yesterday 22nd what date will be limit for filing my defence?

cheers

jockeylad

 

You'll need it confirmed but I think its 14 days normal but with acknowledgment you get an extra 14 days so 28 days but I believe you allow 5 days for service of the intial claim.

 

so I make it the 19th Oct.

 

S.

[jockeylad]

thanks very much for help so far, i will update situation in due course.

jockeylad

[BeauBrummie]

If you file an AOS, you have 33 days to file the defence from the date of the claim at the top of the page near the claim number.

 

Just to give you an idea I have my own argument with Cabot much further on than yours http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144167-bb-cabot.html

 

Have a read you will soon learn how Cabot treat people with contempt

 

Beau

[jockeylad]

right then update, sent out cpr 18 request and cpr31.14 request on 25th sept, have recieved nothing back from cabot.

i need to fill in my defence now and get it sent off, can some one please advise me on what i should put and what will happen now?

cheers

jockeylad

[jockeylad]

bump! anybody please.

jockeylad