Cabot taking me to court (for mbna cc debt) but cannot provide cca ?

[dekky2]

Off to bed now....thanks for everybodys help so far...

Any ideas from anyone please post or pm me & i will pick through the best(with my vast knowledge !!!lol) and take it in on friday.thanks again everyone. Nite nite

[Undercover-Elsa]

Hi,

As they've refused the 31.14 due to agreement not being mentioned in poc, what about sending a part 18 request asking them to confirm or deny that they hold a copy of the agreement?

Once they respond to that the agreement could then be requested...?

Elsa x

[PriorityOne]

Hi,

As they've refused the 31.14 due to agreement not being mentioned in poc, what about sending a part 18 request asking them to confirm or deny that they hold a copy of the agreement?

Once they respond to that the agreement could then be requested...?

Elsa x

 

The trouble with this Elsa, is that no documents have been mentioned; Cabot have only referred to a "debt". A Pt. 18 is a request for further information linked to docs. mentioned in the POC.... but they haven't mentioned any!

 

Crafty, over-confident or mad?!....

 

We'll decide, I think....

[minmoo]

This is very interesting. Surely if you are taken to court without a cca and the debt is to be proven on payment history etc then how can they prove that the interest rates they were charging etc is correct? Surely you would need a cca for that. Sorry if its a stupid question, the learning curve is steep

[pt2537]

nah part 18 can get you answers,

 

i did a thread on 31.14 vs part 18

 

it may well assist here

[Undercover-Elsa]

That's the one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

[Debtcontrol]

Hi Dekky2,

I have sent you a PM, I'm quite willing to share my defence & also WS with you.

Its in PDF format so I cannot easily edit out personal details, so would rather mail it to you on the understanding that you dont share it on forums etc. purely for confidentiality reasons.

I hope thats allowed?

DC.

[dekky2]

Hi Dekky2,

I have sent you a PM, I'm quite willing to share my defence & also WS with you.

Its in PDF format so I cannot easily edit out personal details, so would rather mail it to you on the understanding that you dont share it on forums etc. purely for confidentiality reasons.

I hope thats allowed?

DC.

 

thanks dc. i have had troubles with pdf's too !!

i will just write it out by hand.

[dekky2]

i do send the s78 & maybe cpr part 18 to their solicitors dont i .

[dekky2]

just checked & i did put under ''defence'' that i was sending for a cpr31.14''

i dont know why i did that, but cant be taken back now. so whats best to say to apoligise for that ? if possible ?

[FORMISTER]

Hi Dekky, I read somewhere else that you can submit another defence as long as it's within the the timescale. When has it got to by in by?

[dekky2]

Hi Dekky, I read somewhere else that you can submit another defence as long as it's within the the timescale. When has it got to by in by?

gotta take the AQ in tomorrow(only a few miles ).

not been able to get onto moneyclaim.... to change anything.

[FORMISTER]

Just out of interest as the POC is quite vague and it mentions no documents or proof to support their case, is it possible for the OP to ask for a strike out?

Edited February 24, 2011 by FORMISTER

[Debtcontrol]

Hello,

Sent you my defence & WS by email.

Good luck.

DC.

[dekky2]

Hello,

Sent you my defence & WS by email.

Good luck.

DC.

 

massive thankyou.dc

[dekky2]

the claimant has asked for the ''fast track'' option...debt is 7k+..and asked for a one month stay under settlement.....are these usual actions..

[dekky2]

i will be taking my ''AQ'' in tomorrow, not sealed it yet.(so if you have any ideas ???)

stating that i wish to amend my defence, giving a few reasons why.

if they will accept this, i have no idea, but i would just like to thank all that have tryed to help.

i know i have been a bit sloppy with my defending of this case so hope i hav'nt wasted all (who have helped)of your time.

if they do accept this i think i will get legal help from here on.

i will keep you all informed.

thanks again...DEKKY2

[gh2008]

On your AQ I would also attach a Draft Order - check out PT's N149/150 AQ thread

 

In that draft Order you would be asking for the Claimant to be Order to submit a fully particularised POC

File an serve a true copy of the agreement relied upon

True copies of any Default Notice relied upon

Statements showing all credits and debits to the account since inception or any other way of proving the amount claimed

 

If the Claimant complies then the Defendant shall have a further 28 days to submit a fully particularised defence

 

Should the Claimant not comply then the claim will be Struck Out without further Order

 

or something like that - that will also cover your defence being ammended

 

You need to ensure you get across the fact that you have asked for the information from the claimant both informally and formal via a CPR31 request. They have ignored your requests and you can enclose the CPR reply as evidence. You can say that you think that they are obstructing you from considering the claim properly by purposely not mentioning any documents in their POC.

 

Sorry not very clear feeiling like cr@p today

[FORMISTER]

Hi Dekky, hopefully in the end you got some great advice and got it in on time

[dekky2]

thanks to all that helped. i did get it in on time .

i will keep you all informed on what happens next.

[FORMISTER]

I hope all goes well mate. If you need further advice just ask

[Undercover-Elsa]

Well done Dekky, and good luck

 

Elsa xx

[dekky2]

hi, they have given us a month to try and reach an agreement. not been contacted by claimant yet !!

[cecilrhode]

hi, they have given us a month to try and reach an agreement. not been contacted by claimant yet !!

who has?

[cecilrhode]

it is not unknown for cards to be sent to people without request (Jones vs Lloyds TSB Bank Plc)

can PT or anyone else supply more details of this case?