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

[pt2537]

yeah you can combine it into a question, this is just a thought, it is not my suggestion that you follow this i must say.................

 

1) do you have a copy of the default notice ? and if so do you object to me inspecting a copy?

 

2) do you have a copy of the notice of assignment and do you object to me inspecting a copy?

 

just a suggestion, but you could also say, if you dont object please provide a copy with your reply

[car2403]

This is all good stuff. I think you need to 'trick' them in to saying they have a document and will rely on it in reply to your Part 18 request, then use other CPR to request those documents. If they haven't mentioned them in the claim to date, you can't CPR them to get copies, hence the 'nudge' in the right direction.

 

The trick, as PT has pointed out, is to ask the right questions!

[Brassed off]

IN THE XXXXXXXXX

county court CLAIM NO:

 

 

BETWEEN:

XXXXXXXXXX

Claimant

 

and

 

XXXXXXXXXXX

 

Defendant

 

 

_________________________ _________________________ ___________________

part 18 REQUEST FOR FURTHER INFORMATION

_________________________ _________________________ ___________________

 

 

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

 

1) Are you relying on the Defendant being served with a Default Notice. If so, when was it served?

 

2) Do you have a copy of the Default Notice ? If so, do you object to me inspecting

a copy? If you do not object, please provide a copy with your reply.

 

3) If you are relying on equitable assignment or absolute assignment, when was the Defendant served with the Notice of Assignment?

 

4) Do you have a copy of the Notice of Assignment? If so, do you object to me inspecting a copy? If you do not object, please provide a copy with your reply.

 

5) Do you have proof of posting of the Notice of Assignment in the form of a recorded delivery or special delivery receipt?

 

6) Are you relying on a Credit Agreement in support of your claim? If yes, please provide full details

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

This is a draft of what I have so far.

[gh2008]

I'm just about to start the Part 18 request but am a bit thrown now after reading up. Under Part 18, I can't request documents eg T&Cs and the NOA they haven't provided, only ask for clarification/elaboration on the ones they already have - help

 

If you need a copy of the T&Cs then there is nothing stopping you making an S78 request ......

[Brassed off]

Hi gh

 

I did make a request for the T&Cs originally in my CPR 31.12 request and Morgans have said that they have requested these from the Assignor and that they would be forwarded to me in due course.

 

Nothing so far....

[citizenB]

They are supposed to send you a copy of the agreement and any other document mentioned in it.. so they should produce those as part of your CPR31.14 request ? Have you sent a reminder CPR31.14 and or CPR31.15 request - a request to inspect the original documents ?

[Rhia]

Were in danger of overloading Bo with conflicting advice so my thoughts (for what it's worth). Go ahead with the Part 18 (if you haven't already done so. Treat this as separate but obviously connected and then follow up Part 31 as Citizen B has suggested.

 

The SAR is another separate but connected action and all of these actions are aimed at flushing them out.

 

Until they can produce the original agreement and all surrounding it you remain "embarrassed".

[Brassed off]

Thanks Rhia

 

Just a quick question though. As this is still at NCCBC, do I need to put "In the Northampton County Court" on the Part 18 or not as it will shortly be moved to my nearest court. I was going to do it when the AQ arrives.

[RobinWayRobinme]

Only other point on Part 18. Only give them 7 days to Reply, not 14 days.

R

[RobinWayRobinme]

Just amended q.3 slightly.

R

IN THE XXXXXXXXX

county court CLAIM NO:

 

 

BETWEEN:

 

XXXXXXXXXX

 

 

 

Claimant

 

 

 

 

 

and

 

 

 

 

 

XXXXXXXXXXX

 

 

 

 

Defendant

 

 

 

 

_________________________ _________________________ ___________________

 

part 18 REQUEST FOR FURTHER INFORMATION

 

 

_________________________ _________________________ ___________________

 

 

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

 

1) Are you relying on the Defendant being served with a Default Notice. If so, when was it served?

 

2) Do you have a copy of the Default Notice ? If so, do you object to me inspecting

a copy? If you do not object, please provide a copy with your reply.

 

3) ARE you relying on equitable assignment or absolute assignment, If you are relying upon an absolute assignment, when was the Defendant served with the Notice of Assignment?

 

4) Do you have a copy of the Notice of Assignment? If so, do you object to me inspecting a copy? If you do not object, please provide a copy with your reply.

 

5) Do you have proof of posting of the Notice of Assignment in the form of a recorded delivery or special delivery receipt?

 

6) Are you relying on a Credit Agreement in support of your claim? If yes, please provide full details

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

This is a draft of what I have so far.

[Brassed off]

Only other point on Part 18. Only give them 7 days to Reply, not 14 days.

R

 

Will do

 

Just amended q.3 slightly.

R

 

Ta

 

Can anyone answer my question in post 233? I can't put the name of the court down until I know where it's going to be.

[RobinWayRobinme]

For some reason I'm not getting the post numbers showing against posts now, but think I know the one. It's still with NCCBC so head it with that. The Claim number will remain the same when it is transfered and it wont matter if the heading is the former court when/if it becomes necessary to disclose it. The Part 18 only goes to Claimant anyway, a copy is not filed with court.

R

[Brassed off]

Cheers

[sequest]

Appeal Case on 15th September could affect claims.

 

Anyone know what this is about?

[pt2537]

Appeal Case on 15th September could affect claims.

 

Anyone know what this is about?

there are so many appeal cases, which one?

[sequest]

I don't know but I was just speaking to a firm of solicitors who said that all their claims were on hold pending the outcome of this appeal.

[pt2537]

well,

 

they must know then name, i have a lot of claims on the go and none on hold.

 

i guess it may be Brophey, but,thats all i can think it is

[sequest]

They wouldn't give me any details - I asked for the name and point of law it might cover but was told they could not disclose that information. (it wasn't their appeal).

[Brassed off]

OK, Part 18 all done now - thanks for the help. I'll get that off recorded tomorrow.

 

Is there a template follow up letter chasing up on the T&Cs in relation to the CPR 31 request I sent, or do I simply just write to Morgans and refer to my original CPR request. They did say that they were requesting the T&Cs from the Assignor and that they would be forwarded to me in due course but I'm still wating. I honestly cannot remember ever seeing a copy of the T&Cs originally or in my SAR to the OC.

 

In the meantime, I have received a response to my SAR to Cabot. In the letter, they state that they will be forwarding the information on a CD.

 

They also state the following:-

 

Please be advised that Cabot may not hold information such as your original credit agreement or statements on file. In order to obtain this information, we recommend you contact the original lender, who will hold this information as the original data controller.

 

However, in the event that the original lender has supplied Cabot with this information, the documents will be included with your client's Subject Access Data.

[Rhia]

They will be sending your info on a CD? That's a new one on me. Wait and see what turns up. However they line that they may not have your original documentation is telling -routine but telling - they start these claims without the paperwork and hope no-one notices.

As for whatever case is going to appeal just carry on regardless.

[PriorityOne]

Strange comment from them Bo.... as they sent you the Agreement. Not the DN though.... ;-)

[tomglen10]

please what is this,

 

CPR 31.14 for disclosure of ALL docs;

send this by recorded delivery post.

 

I have received a letter from the County Courts telling me to collect IMPORTANT COURT DOCUMENTS, I think well i`m almost sure this is regarding my car which was repossesed some months ago, which i have had a letter telling me I owe £5,000, which is probably correct with interest, however, since the agreement I now live on my own with one income, I work full time, rent privately and have 2 children, 1 14 and 1 16 who attends college, i have very little left over after pay day, however the children stay with thir dad who claims tax credits etc & live with me half the week, please advise I don`t know what to do.

[Brassed off]

Hi Tomglen

 

Probably best to start your own thread on this, then you can ask as many questions as you like

 

Thanks Rhia

 

Still no DN P1 but they said that there won't be a DN as they don't want to take any steps listed in Section 87 of the CCA 1974

 

Part 18 sent to Morgans.

 

AQ has arrived and the case has been transferred to my local court. Will fill in as far as poss, but may need some help on this.

 

PS - Think I've found a replacement smilie for the EEKK one that disappeared!!

[Rhia]

Hello Bo just pm'd you. Should have checked the thread first! LOL! Sounds like things are progressing OK.

[PriorityOne]

I love that smiley! .... Sums me up most of the time.... lol!!

 

That other one you use is good as well.... I was doing that about my new boss until I found he was MARRIED!!

 

Lol!!