County Court Claim form received - Cabot ***WON***

[cups]

Good to hear Cabot getting it stuck to em!!

 

Well done

[PriorityOne]

What a bumpy ride it's been but YYYYYYYYAAAAAAAAAYYYYYYYY... go Bo!!!

 

.... and one large poke in the eye for "Cabeau".....

 

[Satterthwaite]

How did they think Wilson v Hurstanger would help?

 

What was the Irish case?

 

Well done by the way.

[Debtcontrol]

Well done BO!!! Congratulations!

DC.

[Rhia]

The Irish case was O'Hagan-v-Wright and was previouslu unreported.

 

http://www.judgmental.org.uk/judgments/NICA/2001/%5B2001%5D%20NICA%2026.html

 

BO's case also shows how vitally important it is to challenge the asisgnment and use SAR and the CPR to gain as much information as you can.

[citizenB]

The relief was immense, I cried ....

 

The wine was good later though

 

But all in all, you had a good day out I am really pleased for you and what luck you had the same Judge

 

The Irish case was O'Hagan-v-Wright and was previouslu unreported.

 

http://www.judgmental.org.uk/judgments/NICA/2001/%5B2001%5D%20NICA%2026.html

 

BO's case also shows how vitally important it is to challenge the asisgnment and use SAR and the CPR to gain as much information as you can.

 

Absolutely, there are a lot of dodgy assignments and they can be more devastating than a dodgy DN

[Satterthwaite]

Still do not understand how the Irish case would help them?

[Rhia]

Neither do I but I really haven't read it properly.

[cymruambyth]

The Irish case was O'Hagan-v-Wright and was previouslu unreported.

 

http://www.judgmental.org.uk/judgments/NICA/2001/%5B2001%5D%20NICA%2026.html

 

BO's case also shows how vitally important it is to challenge the asisgnment and use SAR and the CPR to gain as much information as you can.

 

Ha ha ha, doesn't matter what you dispute if the judge accepts all the commercially sensitive bullsh etc.

 

It is so good when you find a member of the judiciary who knows the law (not that I am bitter and twisted about my own DJ, just relieved he wasn't there for the failed CO hearing!)

 

I'm so pleased after everything that it has gone right for you.

[m0jpm]

I'm having dealings with cabot/fire over a vanquis card half the total amount is charges and interest, i have been trying to get cca and sar from vanquis even before they assigned it to crapbot but i have had no luck in obtaining anything

 

 

Thanks HS

 

Will add it to this CPR 31.14 (pinched from 42Man!)

 

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*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[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]#

 

# delete if claim for a sum exceeding £5,000.00

 

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

 

 

 

Obviously I need to edit this and add the paragraph by HS.

 

I need to submit an acknowledgement to the claim form on line but am unsure as to whether I am going to defend all of the claim or not. Depends what response I receive from Cabots.

 

I know I have 14 days - is that calendar days?

 

Can I wait to see what response I receive before replying?

 

Sorry, I've not had time to read everything through thoroughly yet.

[citizenB]

I'm having dealings with cabot/fire over a vanquis card half the total amount is charges and interest, i have been trying to get cca and sar from vanquis even before they assigned it to crapbot but i have had no luck in obtaining anything

 

There would be no point in you using the CPR letter you quoted above, unless you are heading for the courts. Has a claim been issued against you ?

 

If you have sent a SAR, has it been responded to ? You should have sent it to the original creditor in order to obtain statements so that you can claim charges back. . Suggest you update your own thread so people can advise further.

[m0jpm]

There would be no point in you using the CPR letter you quoted above, unless you are heading for the courts. Has a claim been issued against you ?

 

If you have sent a SAR, has it been responded to ? You should have sent it to the original creditor in order to obtain statements so that you can claim charges back. . Suggest you update your own thread so people can advise further.

 

Hi,

 

Thanks for the reply, no no court procedings are issued as of yet, i keep getting letters mainly threats they going to but nothing sofar.

I did sent them copies of previous correspondence with vanquis and their previous dca's but now they have sold the debt to cabot/fire. i have asked them for the cca which was about 3 month ago. Still no response just letters asking to contact them and to pay by dd etc

[volvo]

only just caught up with your thread brassed off but so pleased for you.

 

Just one nationwide credit card left for me.

 

Hope you are still celebrating.

 

Best wishes

 

VOLVO