Cabot/Morgan Solicitors, county court claim received help needed

[garymyrtle]

Hi

I have received a county court claim yesterday. I have read quite a bit about sending a cpr31.14 off but not sure actually what to do with the claim form, Can somebody please help.

 

The particulars of calim are as follows

 

The claimant is the Assignee of a debt(s) from Capital one.

Credit car reference XXXXXXX

Notice of Assignment having been given to the Defendant in writing. Despite demand for payment, 9414.03 remains due. The claimant claims 9704.03 and interest under s.69 county courts Act 1984 and costs.

 

Hope someone can help

 

Gary

[rebel11]

Hi gary

 

Welcome to CAG

 

The guys will offer advice shortly.

 

Have you got any Penalty Charges or have you been mis-sold PPI that you can claim back with contractual interest?

This is over 6 years plus.

[silverfox1961]

Morning,

I will move this thread to the Legal Issues forum where you will get more help.

[silverfox1961]

I assume the claim form has come from Northampton so you can acknowledge online.

 

Send Morgans a cpr 31.14 request by recorded delivery ASAP

 

Some reading material for you:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&highlight

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm

 

That lot will keep you busy

[garymyrtle]

Hi Thanks for your help so far, On the acknowledgement, am I intending to defend the claim or contest jurisdiction, sorry unsure as what I need to do.

 

Also I have found a template which is pasted below. is this the right template to send to Morgan solicitors?

 

Dear Sir,

 

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

 

Combined CPR 31.12 and CPR 16.4(2) 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 form to the court indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31.12 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1 the agreement giving rise to the obligation to Citi Financial for the credit advanced. 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 deed or other instrument of assignment by which you / the Claimant acquired rights under the agreement disclosed by you under [1] above.

 

3 the default notice, the service of which was a condition precedent to the creation of the debt now sued upon by you pursuant to the assignment disclosed by you under [2] above.

 

Additionally and in relation to the interest claimed, pursuant to CPR 16.4(2)

 

4 Under CPR 16.4(2)(a)(i) please now state whether the claim to £7xx.xx includes a claim for interest under the agreement disclosed under [1] above and if so,

 

5 Under CPR 16.4(2)(b) specify the amount of that interest, and

 

6 the percentage rate of interest, the date from which it is calculated and the date to which it is calculated, alternatively

 

7 Where more than one percentage rate of interest has been applied or compound interest has been applied in the calculation of the amount of interest specified at [5], specify each element of interest comprising the sum for interest specified at [5] and for each such element specify the amount treated as principal in the interest calculation, the percentage rate of interest, the date from which it is calculated and the date to which it is calculated.

 

8 Of the interest amounting to £2xx.xx claimed pursuant to County Courts Act 1984 section 69, specify the date from which it is calculated and the date to which it is calculated.

 

 

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 31.12 request.

 

You should also ensure compliance with your CPR 16 duties and likewise ensure that the particular regarding interest are fully provided to and received by me within 7 days of receiving this letter.

 

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.

 

If you are unable to comply with that part of this request concerned with CPR 31 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 any part of this request or fail to request more time, 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 look forward to hearing from you.

 

yours faithfully

[cymruambyth]

You are going to defend the whole claim. It should be automatically transferred to your local court.

[AndyOrch]

And your not contesting jurisdiction.

 

Andy

[garymyrtle]

Thanks Andy, I'll get my acknowedgment in and cpr docs off asap, I take it I enclose a postal order for £1, do I need to copy the court on any info

 

Thanks everyone

 

Gary

[AndyOrch]

Hi Gary

 

No payment required for any CPR request, I think you are confusing it with a CCA request.No need to copy the court, just the Claimant/Sols.

 

Regards

 

Andy

[garymyrtle]

thanks Andy, I'll just get the docs off

[garymyrtle]

Hi Guys, I have had no response to the cpr docs request,how long from the date they received the letter do I have to wait before I can proceed with the next step?

 

Thanks Gary

[spamheed]

Morgan/Cabot will not even try to keep to any deadlines, they use templates for everything, if the template doesn't quite fit, it takes them a while to get their heads around the correct wording so don't stress about it just yet.

 

If they haven't complied with your CPR requests by the time your defence is needed then you can put in a defence which states as much and request a disclosure order from the courts.

[AndyOrch]

..............and to add to Spams post this can be done vis a vis the AQ with your directions.

 

Regards

 

Andy

[garymyrtle]

morgan reply.pdf

 

Hi Well I spoke too soon the response arrived today, i hope the above can be seen, please can you give me advice as to where i go from here

 

many thanks

GAry

Edited October 22, 2010 by garymyrtle

[cymruambyth]

Hi I'd remove the form and delete your dob and any reference numbers onit.

[garymyrtle]

Sorry i have attached a new doc with the forms references deleted

Thanks

 

Gary

[the_shadow]

Interesting that they are claiming they dont need to supply a default notice or indeed..... the original creditor or them are required to even issue one prior to proceedings. A default is needed and they helpfully tell you this if they are claiming anything that is not due. As a credit card agreement is a rolling credit agreement and repayable in installments I fail to see how they can say all sums are due rather than just arrears.

 

Could be they will use the Brandon vs Amex ruling and the imho mistaken passage about terms and conditions in agreements overriding CCA.

 

S.

[garymyrtle]

Dear All

 

I have to file a defence and since posting the reply from Morgan, I'm not sure what defence i have >

 

Can any one help please

 

gary

[AndyOrch]

Latest trick from our friends Gary this no DN is required.If you could give a little background to history of the account and why Cap got rid then we can try to put a defence together.

 

Regards

 

Andy

[garymyrtle]

Hi Andy, Thanks for coming back to me.

I could not afford to carry on making payments to the account at Cap one, I was made redundant, at the time I went to CAB and they suggested making an offer payment, I paid £1 per month for six months, I then stopped the payment as I wasn't able to pay off amount due as ex partner getting breast cancer, I paid her mortgage payment and still do as she is still in recovery and hasn't fuly started work.

They then handed the debt over to Cabot, I haven't ever paid Cabot a penny. I told them of a change of address, it was only by luck that I picked up legal notice as I moved 2 years ago. They sent quite a few letters to me at my current address and then switched to old address.

Not sure what else I can supply to you Andy.

 

Many Many thanks

 

Gary

[AndyOrch]

Have you checked your credit file to see if Cap defaulted you?

If so then their response is nonsense as a DN has been issued, as it must have been, if you fell into difficulty with your payments and exceeded 3 months payments.

Most of your argument now comes from their response its just a matter of deciphering it.prove one lie you will find more.

 

Andy

[garymyrtle]

I have checked my credit report with experian and cap one is not listed at all. I am trying to get credit report from equifax, but cannotget that until tomorrow morning as I don't have account yet.

Gary

[garymyrtle]

Did Cabot need to send a DN, in which case I never recieved it as they sent ot old address.

 

GAry

[AndyOrch]

Well they state in their response that neither them or the assignor needed to send one as they are only claiming the arrears and not the balance.

Is the summons amount an arrears figure? ie an amount from when you stopped paying.?

Only you know the figures Gary from your difficulty period and payment plan to now.

Have you ever requested a D.S.A.R from Cap or retained your original statements.

If you was on a payment plan then i would assume that there are unfair charges involved also.

A DN has to be issued to enable the creditor to instigate litigation end of.

 

Regards

 

Andy

[AndyOrch]

If for arguments sake that no DN was ever issued and Cap off loaded the account even though you was in arrears (and for the life of me I could never see them not issuing one) then Caboot would have to issue one to enable them to enforce the agreement.Now they state quite catagoricly that neither issued, therefore neither terminated the account.

 

 

 

 

 

 

6

 

DEFAULT AND ENFORCEMENT NOTICES

Default notices

6.1

 

Section 87 of the 1974 Act requires creditors to give the debtor a

default notice in a specified form if, following any breach of a regulated

agreement by the debtor, the creditor wishes to terminate the

agreement, demand earlier payment of any sum, recover possession of

any goods or land, treat any right conferred on the debtor as terminated,

restricted or deferred, or enforce any security.

6.2

 

The requirements are set out in the Consumer Credit (Enforcement,

Default and Termination Notices) Regulations 1983.

49

In particular, the

default notice must indicate:

50

 

•

 

the nature of the alleged breach of the agreement

•

 

the action needed to remedy the breach or to compensate the

creditor, and the date by which this must be done

•

 

the consequences of failure to comply with the notice

•

 

the action intended to be taken by the creditor in the event of non-

compliance

•

 

the procedures relating to the recovery of goods under a hire-

purchase or conditional sale agreement

•

 

a statement indicating the debtor's right to apply to the court for a

time order, giving more time to repay the debt

•

 

prescribed wording regarding sources of help or advice