Cabot /morgan Claimform -old Goldfish Card -

[duke8t]

Hi there, I sent a cpr request off on 24th Jan. And recieved a reply today, But they have not sent some of the documents we asked for, We only have a couple of weeks till we are due in court. Can anybody help we would just like to know how to proceed.

 

Thanks

 

 

Can i upload a copy of the letter ??

[The Mould]

Good evening Duke

 

Firstly, get you post count up to 20 in number, then you should be able to scan in and attach said letter or any other document for that matter.

 

In your said CPR request for disclosure, were all of the documents that you requested copies of, mentioned in the claimant's Particulars?

 

You are defending, yes?

 

What is the claim and what is your defence please?

 

Kind Regards

 

The Mould

[duke8t]

 

 

Hi Mould

 

In the particulars of claim

 

The claiment is the Assignee of a Dept(s) from

Goldfish Bank Ltd

Credit Card reference ********.

Notice of Assignment having been given to the

Defendant in writing. Despite demand for Payment. 2618.16

remains due. The claiment claims 2773.16 and interest under

s.68 County Courts Act 1984 and costs.

 

So is it just the notice of assignment they have to supply?.

 

Yes we are defending.

 

No defence yet wanted to see what they replied with.

 

 

 

[timewarp3]

subbing

[42man]

I think you need to apply to strike out their claim for non compliance with the Civil Procedure Rules....

[The Mould]

Hello Duke

 

You require a copy of:

 

The Deed of Assignment

 

The Notice of Assignment and proof of service thereof

 

A copy of the Credit Card Agreement and all subsequent terms and conditions thereof

 

Copies of any correspondence in respect of the claimant's pleadings regarding demand for payment

 

Copies of any Notices that the CCA 1974 (as amended) and all subsequent Regulations thereof that impose a requirement upon the claimant to serve upon the defendant that grant entitlement to the claimant to stand before the court with his claim.

 

Kind Regards

 

The Mould

[duke8t]

Hi 42Man

 

Thanks for the reply, Forgive my ignorance but in what way have they not followed the Civel Procedure rules?.

 

 

Regards

 

Duke8t

 

 

Hi Mould

 

Thanks for the reply

 

Is there a letter template to send them for the documents i require or will i have to compose one.

 

Regards

 

Duke8t

[The Mould]

Good evening Duke

 

Well, not really, best to draft your request for disclosure based on the circumstances of the claim.

 

You say that you are due in court in a couple of weeks, have you filed your defence already?

 

Also Duke, the attachment is not clear enough I am afraid to say, see if you can say a few things more about your case to get your post count up to 20 and over and then perhaps try attaching that document again.

 

What documents did you ask for already and what documents has the claimant supplied?

 

Kind Regards

 

The Mould

[duke8t]

Hi Mould

 

No we have not filed a defence yet i wanted to see what they sent.

 

We sent CPR31.14 on 24th Jan 1st Class recorded, They claimed they did not receive till 27th, They sent Resolving your complaint sheet, representation of letter sent 28 march 2008 when cabot bought it from goldfish and a load of printed stuff with lots of dates and times on.

 

 

 

[The Mould]

When is the last day for filing your defence?

 

And what documents did they not supply out of the list requested for disclosure by you?

 

What date is on the claim form (N1)?

 

Kind Regards

 

The Mould

[duke8t]

Hi Mould

 

 

Date on the claim form is 18th Jan.

 

They have not sent the Credit agreement, Statements, Default notice.

 

 

Regards

 

Duke8t

[the_shadow]

Hi,

 

The only document you could have asked for under CPR31.14 looking at those particulars of claim was the notice of assignment... what you needed to do was to send a CPR18 letter specifically asking questions to get them to disclose the extra documentation in their response and then requested that documentation in a further cpr31.14 letter whilst obtaining agreement for them to allow you more time to respond to their claim.

 

S.

[The Mould]

Good evening Shadow

 

With respect, the claimant has stated that he is the assignee of a debt, so, the defendant can request a copy of the Deed.

 

He also mentions the credit card and account ref, therefore the defendant can request a copy of the credit agreement, the NOA, we all agree on and the claimant also says that he has demanded payment, so, a copy of such demand(s) made is to be disclosed under said CPR.

 

In the POC's, the claimant has disclosed quite a few documents, therefore upon said request, he must disclose said doc's and allow inspection.

 

Anyway Shadow, I did say "With respect" at the openning and, I meant that of course.

 

Kind Regards

 

The Mould

[the_shadow]

He also mentions the credit card and account ref, therefore the defendant can request a copy of the credit agreement, the NOA, we all agree on and the claimant also says that he has demanded payment, so, a copy of such demand(s) made is to be disclosed under said CPR.

 

the poc mentions a debt and the fact its from a credit card. I see no mention of the word agreement, which is what would be required to enable requesting the agreement under cpr 31.14 imvho.

 

In the POC's, the claimant has disclosed quite a few documents, therefore upon said request, he must disclose said doc's and allow inspection.

 

Fraid we'll have to agree to disagree on this mate.

 

S.

[The Mould]

the poc mentions a debt and the fact its from a credit card. I see no mention of the word agreement, which is what would be required to enable requesting the agreement under cpr 31.14 imvho.

 

 

 

Fraid we'll have to agree to disagree on this mate.

 

S.

 

Good afternoon Shadow

 

No problemo memo.

 

Duke, you say you intend to defend this action, so, do you have a defence and if so, precisely what are you pleading in your defence?

 

Please post up some details on your case Duke.

 

Date on claim form is 18 January 2011, your defence will need to be filed by the end of this comming week then.

 

Kind Regards

 

The Mould

[debbbbsy]

Thing is, once the defence is filed, the judge won't even look at the actually reasons for defending, the case will automatically be transferred to the local court and duke8t will recieve an AQ. At this point he can submit a "Draft Order Directions". The judge will then order Cabot to disclose not only the documents they refer to but also documents/agreements they will rely upon to enforce the claim.

[The Mould]

The Judge won't, but the claimant will, therefore, Duke's initial defence/response to the claim must be valid in order for the process to run its natural course, if the defence filed is construed by the claimant to be without merit, incoherent, fanciful or unrealistic, then claimant will apply for Summary Judgment.

 

Kind Regards

 

The Mould

[the_shadow]

...and there is NO guarantee that draft orders submitted with an AQ will be adopted by the judge or even acknowledged. Even with a paid application the judge may not agree.

 

S.

[duke8t]

Hi All

 

Its all getting very confusing.

 

We recieved the notice of assignment originally which we have, But in December we recieved a letter before action. Which my wife "forgot" to show me. So first i new of this was when Court order arrived. What we have not seen is a Default Notice. We had a problem with Nationwide (Another Story) so DD to cabot as well as others got missed when we swopped Bank Account.

 

So just the fact we had no default order but i suppose they will just say they sent one, which is why i asked for a copy in CPR.

 

 

But now i have no idea what to do next any advice would be appriciated.

 

 

Regards

 

Duke8t

[the_shadow]

Ok, did the claimant agree to extending the deadline for filing a defence? Have you worked out your last day to file a defence from the original claim form?

 

S.

[duke8t]

Hi Shadow

 

No we have not asked for an extension, recieved N1 dated 18th Jan on 22nd Jan, we acknowledged online on 27/01/11 so + 28 days 24th feb.

 

Do you think we need to ask for an extension?.

 

 

Regards

 

 

Duke8t

[The Mould]

Hi Shadow

 

No we have not asked for an extension, recieved N1 dated 18th Jan on 22nd Jan, we acknowledged online on 27/01/11 so + 28 days 24th feb.

 

Do you think we need to ask for an extension?.

 

 

Regards

 

 

Duke8t

 

Good morning Duke

 

Very briefly.

 

Service of claim - dated 18 January 2011, so, 33 days = last day for filing defence is 20 February 2011 (a Sunday) and in that case, your last day for filing your defence is Friday 18 February 2011 (this Friday).

 

If you believe that you do have a defence against this action, then you need to draft one and post it up for inspection and any amendments that it may need.

 

After changing your bank account, did you ever receive any correspondence/notices from the claimant regarding arrears on the account?

 

Kind Regards

 

The Mould

[duke8t]

 

 

Good Evening Mould

 

Thanks for the reply, It seems i have been wasting your valueable time. We have recieved three letters from them, Seems my OH has been trying to deal with it and hope i didnt find out .

 

I think the best thing is to contact Morgans and try and come to some agreement to pay,only trouble is that atm we cant afford to pay much, outgoings are more than we have coming in.

 

Thanks for all your help so far

 

Regards

 

Duke8t

[the_shadow]

 

 

Well at the very least do out an I&E that shows how little you can pay if you get my drift... and send that along with your payment proposal.

 

S.

[The Mould]

Good afternoon Duke

 

Thank you for that.

 

No time has been wasted Duke.

 

Your wife must of been quite frightened/worried about this matter, go easy on her Duke, the both of you can work it out together.

 

Yes, as Shadow says, simply fill out your I & E and offer the claimant a rate of payment that is within your means, if he accepts, well and good, if he rejects, then you simply show the court of your efforts to resolve/settle this matter with the claimant.

 

Ask the claimant to discontinue with his claim if he is willing to accept your payment proposal offer, say to him that there is no need to continue and obtain a Judgment award against you.

 

Come back and up date us on his response.

 

Kind Regards

 

The Mould