Cabot/morgan Claimform fast track - old Cap1 Card Debt

[AndyOrch]

[simongee]

Andy

 

I came home tonight to receive a large package from Morgan Solicitors enclosing their client, Cabot Financial's List of Documents.

 

I have to draft my questions to them by the middle of next week. Your help again would be gratefully appreciated.

 

Simon

 

In this pack they enclosed:

 

1. Pleadings and correspondence common to both parties

2. Accounting Statements for the period 22/12/2005 - 29/09/2011 (although according to extract of 'data transfer' identifying Defendant's account, Capital One wrote this off on 22/03/2010)

3. Claimant's Statement of Account in relation to the Defendant's account: 29/03/2011 - 12/10/2011 (one plain printed sheet)

4. Claimant's Case Action History in relation to the Defendant's account (dated from 15/04/2011 to 16/09/2011 - more recent dated action blanked out)

5. Representation of Notice of Assignment in relation to the Defendant's account (unsigned representation of a letter to customer created on 05/05/2011 with no actual date or signature)

6. Copy of Claimant's Letter Before Action in relation to the Defendant's account (computer print out letter dated 17/08/2011)

7. Redacted copy of the Account Agreement (dated 16/03/2011) -

8. Extract of 'Data transfer' identifying Defendant's account (looks like the print out of a line from Excel)

 

In the Redacted copy of the Account Agreement the following was removed or blacked out as per the table of contents:

 

1. Definitions - some missing and some blanks

2. Sale & Purchase - some blanks

3.Representations and Warranties - all blacked out

4.Without Recourse and Indemnity - all blacked out

5. Data Transfer - all blacked out

6.Operational - all blacked out

7. Compliance - all blacked out apart from one clause that states not to charge interest on the account without the prior written consent of the seller (Section 69 of the CCA 1984),

8. Collections - all blacked out

9.Supply of credit Files & Information - all blacked out

10.Repurchase - all blacked out

11. Liability - all blacked out

12.Confidentiality - all blacked out

13.Seller's Covenant for further Assignment - all blacked out

14. Assignment and Sub Contracting - all blacked out

15.Notices - all blacked out

16. Dispute Resolution - all blacked out

17. Entire Agreement - all blacked out apart from 17.1 that states this agreement constitutes the entire agreement between the parties, etc...,

18.General - all blacked out

 

Schedule 1 - List of Data Fields - all present

Schedule 2- Operational Matters - all blacked out

Schedule 3 Assignment - all present but computer generated form with blank sections to insert details

Schedule 4 - Notice by the Buyer to the Accountholder - as Schedule 3 above

Schedule 5 - Account Document Request Form - all blacked out

Schedule 6 - Account Putback Report - all blacked out

Schedule 7 - Account Repurchase Request - all blacked out

Schedule 8 - Complaint Notification Form - all blacked out

Schedule 9 - Section 78 Request Form - all blacked out

Schedule 10 - Blank Invoice template - all blacked out

Schedule 11 - Capital One Remittance Listing - all blacked out

Edited January 11, 2012 by simongee
hadn't finished typing

[AndyOrch]

So not much of use then when you remove the " Blacked out " disclosures?

[simongee]

Completely agree with you Andy.

 

Are you able to help me table a response on this? I need to request inspection of documents by 19th Jan.

 

Thanks

 

Simon

[AndyOrch]

If they have sent them all as per their N265 then you don't need to request them? Or is this not in connection with their SD? What questions do you intend asking? Have you been order to do so within your Allocation Notice?

 

Andy

[simongee]

Hi Andy

 

I haven't been ordered specifically to do anything. In the Notice of Allocation to Fast Track (copy attached in one of the more recent threads), I'm asked to contact the Claimant with requests for inspection of documents by 19 January. I guess they have sent me the main documents I would have asked for however blacked much of them out.

 

I'm mindful that this case might go to trial and I need to find something to support my case. Or is the onus on them to prove I have received all their letters, etc...

 

What would you advise doing at this time?

 

Simon

[AndyOrch]

Hi Simon

 

I know I was initially involved in advising at the out start of your thread, however I didn't advise on your defence, that assistance appears to have dried up.If you can post me to your defence lets see what the basis of defence was , then i may get an angle.

 

Andy

[simongee]

Thanks Andy

 

A quick recap:

 

I received a MoneyClaimOnline action against me from a company called Cabot Financial via their solicitors Morgans. I had never heard of either of these firms before and not ever received any letters from them.

 

I wrote to Morgan's requesting the usual docs such as deed of assignment, bill of sale, notice of assignment, etc... but did not receive a response (I had sent this recorded delivery). I filed a defence which cited same and confirmed that I contested their whole claim and confirmed that the claimant hadn't replied to my request within the required 14 days as set out in CPR36.14. The Allocation form came through which I returned to the court and Morgan's confirming that other than myself I had no witnesses stating: " On 3 October 2011 I wrote to the Claimant requesting information to support their claim as no particulars of claim were disclosed. This request was received and signed for on 4 October 2011 by the Claimant's Solicitors, Morgan Solicitors. I attach copies of all exhibits. The Claimant has neither complied with the said order nor complied with the said request for disclosure made pursuant 36.14. I request the claim be struck out as abuse of process.". I also attached a Draft Order For Directions to this (please see a copy in the most recent attachment thread).

 

Over the holidays I received the Notice of Allocation to Fast Track with a hearing date of 3rd May 2012. Below this it stated that the judge orders both sides to prepare for trial. A deadline of 12 Jan 2012 to send in the Standard Disclosure Lists (both sides have done so - mine was signed and sent to them blank). A deadline of 19 Jan has been set to request inspection of documents and on 23 Feb, there needs to be simultaneous exchange of witness statements and Listing questionnaires by 3 May 2012.

 

I am completely out of my depth with this. It's new territory and given there is a date set for 19th Jan, I presume I need to request something from them.

 

If you can help me out or point me in the right direction, I'd be very grateful.

 

Kind regards

 

Simon

[AndyOrch]

Ok the only concern you now have is to file that WS on time and obviously to draft it well.Try not to do it until you are in receipt of the claimants, tricky as they may only exchange last min.This will give you the heads up on how they are directing their case.Have a look through my threads or around the forum on examples of how a WS should be formated and its content and scope.

 

Andy

[simongee]

Thanks Andy.

 

I believe it has to be a simultaneous exchange.

 

I've spent 10 minutes searching the site for Witness statements - could you send me a link to a couple?

 

Best regards

 

Simon

[AndyOrch]

Heres one DonkeyB prepared for Pipster which was successful only this week. http://www.consumeractiongroup.co.uk...=1#post3674549

 

Heres one of mine that as been successful on numerous threads.It is a WS in response to a Claimant making application for Summary Judgment

 

 

Witness Statement

 

 

1 This statement is made in response to the Claimant’sapplication for summary judgment and by which the Claimant contends I have noreal prospect of successfully defending the claim against me.

 

2 I do not deny that a contract once existed between meand the claimant. I deny the contract endures since on a day prior to thecommencement of this case against me, the Defendant terminated the contract.

 

3 I deny that I have ever received an effective defaultnotice from the Claimant prior to the contract being terminated.

 

4 At trial I shall contend that under Section 87 of theConsumer Credit Act 1974 (The Act) the creditor must deliver a default noticewhich complies with all of the requirement of Section 88 of the Act and of theConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983before the Claimant will become entitled to terminate the agreement and makeany demand for early payment. It is my case that no default notice whichcomplied in the respects referred to was ever delivered to me by the Claimant.

 

5 The Claimant contends otherwise and in support of itscontention that a compliant default notice was delivered to me reliesexclusively on a screenshot from a “Mida” system that shows the entry XXXXXXXXXNOD

 

6 I understand the claimant claims that NOD stands forNotice of Default.

 

7 The claimant has already admitted in a letter datedxxxxxxx that they are unable to produce a copy of the default notice.

 

8 At trial I will contend that the screenshot is inadequatefor the purpose of demonstrating the Claimant delivered a compliant defaultnotice. Under Section 88 (1) of the Act, for a default notice to be compliantit must be in a prescribed form and specify the nature of the alleged breach;if the breach is capable of remedy, what action is required to remedy it andthe date before which that action is to be taken and if the breach is notcapable of remedy, the sum (if any) required to be paid as compensation for thebreach, and the date before which it is to be paid.

 

9 The screenshot evidences none of these things. TheClaimant has already given notice that it will be unable to give discovery ofthe default notice relied upon. In the absence of production of a copy of thatdefault notice together with evidence from a witness having first handknowledge that the copy so produced was delivered to me, stating the date onwhich and the means by which the default notice was delivered to me, contrastedwith my evidence to the court that a default notice was not delivered to me, Icontend that I have more than reasonable prospects of successfully defendingthe claim against me.

 

10 Moreover, The claimant claims the default notice wassent on the XXXXXXXX and that the default notice if it could be seen by thecourt would show it had allowed XX days for me to rectify any default mentionedin it. Under section 88(2) of the Act, the creditor cannot terminate theagreement or demand earlier payment of any sum due under the agreement beforethe date specified in the default notice. Besides the fact that merely statingthe default notice would have allowed XX days is non-compliant with therequirement of section 88 of the Act owing to the need to specify a date(rather than an interval of time), it is telling in terms of the Claimant’scredibility that if the notice was delivered on the XXXXXX and gave XX days forme to rectify any default mentioned in it as the Claimant appears to contend,that the claimant’s solicitor sent a letter before action on the 14th April 2008 demandingpayment, being just XX days after the claimant claims the default notice wassent.

 

11 The delivery of the letter before action is goodevidence that on or before XX XXXX, the Claimant terminated the agreement.

 

12 In any event, if contrary to my contentions andexpectations, the Claimant should prove at trial that a default notice wasdelivered to me on XXXXXXX the Claimant will be unable to show by reference tothat default notice that it subsequently became entitled to terminate thecontract. If the termination followed on from the delivery of the defaultnotice on XXXXXXX and which gave to me XX days to rectify any default mentionedin it, the termination of the agreement prior to the expiration of the periodgiven to me in the default notice was a termination which did not then entitlethe Claimant to demand earlier repayment.

 

13 withoutprejudice to my main contention set outabove, the claimant now claims without any good or proper explanation, that thevalue of the original claim is incorrect and They therefore request the claimvalue to be amended to £XX XXX XX. Yet they have failed to provide proof of howthis figure has been arrived. The claimant’s solicitor however did provide anAppendix which showed various calculations.

 

14 In the circumstances and in addition to my maincontention, I contend that until such time as the Claimant has established alegal entitlement to earlier payment and given disclosure of material whichunequivocally justifies an entitlement to the sum of money claimed, it isimpossible for the Claimant to show and for the court to determine at the hearingof an application for summary judgment, that I have no reasonable prospect ofshowing at trial that the sum of money claimed (whatever that sum may be) isnot owing to the Claimant.

 

15 The claimant also claims £XX XX in charges. I refutethese are payable. These are default charges levied on the account for allegedlate payments. The court will be aware that these charge types and therecoverability thereof have been judicially declared to be susceptible toassessments of fairness under the Unfair Terms in Consumer ContractsRegulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). Iwill contend at trial that such charges are unfair in their entirety.

 

17 In the circumstances the court is invited to concludethat there are reasonable grounds to suppose that I will be able tosuccessfully defend the Claimant’s claim at trial and that the Claimant’sapplication for summary judgment against me should be dismissed.

 

Date: xx July 2009

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

 

Signature

 

Regards

Andy

[simongee]

Thanks Andy.

 

I start work on this over the next week or so and if ok will upload for comments.

 

Have a good weekend.

 

Simon

[simongee]

Hi Andy

 

I'm just starting work on my witness statement regarding my dispute with Cabot/Morgan's Solicitors.

 

Although they have sent me a variety of screen print and sample default notices, etc... I have never received the original.

 

You kindly pasted a template Witness Statement to the thread however I wondered whether you knew of anyone on the site that could help me properly prepare a more specific witness statement regarding my case. I really need some help with this.

 

Kind regards

 

Simon

[AndyOrch]

Hi Simon

 

The above is not templated and your not going to get anything more " proper " than the above. Every WS is unique to each claim, its your words your contentions as to why you are defending this claim.Only you are aware of the finer details and reasons to justify why.Post your draft up using the above as a guide and we can tweak it if necessary.

 

Regards

 

Andy

[AndyOrch]

Not a problem Heathrow as you are now subscribed here you can follow the developments of Simons case in line with your own.

 

Regards

Andy

[charlie*]

Just a quick question for anyone who's passing and in relation to Cabot / Morgan...

 

I see that the BofScotland quotes 16.1 (& 2) in their Terms & Conditions ...

 

"Where any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. New section 82A of the CCA43 - S16.1 etc.

 

It does not indicate who or what third parties or any conditions under which they can buy...

 

Whereas Contracts(Rights of Third Parties) Act 1999 indicates -

 

If no third party is identified by name (in the agreement T&C's), thenas indicated under S1, sub-sections 1 - 3 of the above Act (eg: a dca) is not a third party to the contract and therefore has no rights in the matter?

 

S6, sub-section 1 also of the above Act “confers no rights on a third party in the case of contracts on bills of exchange, promissory notes or other negotiable instruments”. (I am given to understand a credit agreement is a negotiable instrument).

 

Can anyone make any sense of this - can a dca buy a debt if he is not listed as per ?

 

Trouble is looming so any comment might also be helpful to Simongee above.

 

“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy." Lord Denning:

[consumeredge]

Hi Simon

 

According to your first post the Claimant has claimed interest under S69 County Courts Act 1984.

 

Firstly, have a look at table of contents:

 

7. Compliance - all blacked out apart from one clause that states not to charge interest on the account without the prior written consent of the seller (Section 69 of the CCA 1984),

　

Far from drying up I’m still following your thread, Cabot Finance’s terse statement (post22 ) can be used against them

"We shall endeavour to provide you with copies of any of the documents referred to above which are pertinent to the issues in the case and which are within our power, possession, custody or control at the Standard Disclosure stage in proceedings."

 

So where’s the written consent from Capitol One to charge for interest?

 

Just to recap

21st September 2011 Claim Form issued

12th October 2011 Defence returned

The Defendant takes issue with the Claimants pleadings.

 

The Particulars of Claim do not disclose an adequate statement of facts relating to, or proceeding any alleged cause of action.

 

No dates are offered in relation to the alleged Notice of Assignment referred to, alleged Letter of Demand, or any other matters necessary to substantiate the Claimant's claim and method used to calculate the alleged outstanding sum due.

 

It is averred a Notice of Assignment to which the Claimant cites in the Particulars of Claim, and appears to form the basis upon which these proceedings have been brought, has ever been served upon the Defendant as the Claimant has alleged

 

It is averred any Letter of Demand has ever been served upon the Defendant from the Claimant as the Claimant has alleged.

 

The Defendant is embarrassed by the Claim, which faces him.

 

I bring to the court’s attention Section 82A Consumer Credit Act, Assignment of Rights specifically items 16.1 – 16.5

 

16.1 Where any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

16.2 It is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

16.3 Notice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

16.4 Where notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

16.5 The definition of "creditor" in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party."

I respectfully ask the court consider under their own motion, the Claimant be put to strict proof of compliance with S82A of the Consumer Credit Act prior to the issuing of these proceedings, by way of filing and serving true copies of the following:

 

 

Bill of Sale

Claimant’s Deed of Assignment

Notice of Assignment

Claimant’s Notice of any changes to the terms and conditions of the original Agreement to the Defendant

Claimant’s consecutive monthly Statements of Account to the Defendant from alleged date of Assignment

Claimant’s 2 Notice of Arrears to the Defendant pursuant S86 Consumer Credit Act 1974

Claimant’s Default Notice to the Defendant pursuant S87 Consumer Credit Act 1974

Claimant’s Letter of Impending legal action to the Defendant

 

 

The courts attention is drawn to the fact Section 82A was enacted to further the aims of the overriding objective, with no knowledge of the Claimant or any alleged events until receipt of the summons, the Claimant’s agent was immediately notified by recorded delivery to serve proof of all the above by return. To date, the Claimant’s agent has neither acknowledged nor responded to the Defendants letter dated 4th October 2011, which was signed by the Claimant’s agent as being received the following day, that being the 5th October 2011.

 

3rd November 2011 Allocation Questionnaire returned with draft directions

9th January 2012 Notice that the claim has beenAllocated to the fast track for May 2012.

 

In the notice of allocation to the fast track, the judge orders that the Defendant and the other parties prepare for trial as follows:

 

1. Allocation to Fast Track.

 

2. Standard disclosure by lists together with copies of the documents relied upon by each party by 12 January 2012.

 

3. Any requests for inspection of documents by 19 January 2012

 

4. Simultaneous exchange of witness statements by 23 February 2012

 

5. Listing questionnaires (Pre-Trial Checklists) by 3rd May 2012

 

11th January 2012 received a large package from Morgan Solicitors enclosing their client, Cabot Financial's List of Documents.

 

In this pack they enclosed:

 

1. Pleadings and correspondence common to both parties

 

 

2. Accounting Statements for the period 22/12/2005 - 29/09/2011 (although according to extract of 'data transfer' identifying Defendant's account, Capital One wrote this off on 22/03/2010)

 

3. Claimant's Statement of Account in relation to the Defendant's account: 29/03/2011 - 12/10/2011 (one plain printed sheet)

 

 

4. Claimant's Case Action History in relation to the Defendant's account (dated from 15/04/2011 to 16/09/2011 - more recent dated action blanked out)

 

5. Representation of Notice of Assignment in relation to the Defendant's account (unsigned representation of a letter to customer created on 05/05/2011 with no actual date

6. Copy of Claimant's letter before action in relation to the Defendant's account (computer print out letter dated 17/08/2011)

 

7. Redacted copy of the Account Agreement (dated 16/03/2011) -

 

 

8. Extract of 'Data transfer' identifying Defendant's account (looks like the print out of a line from Excel)

 

In the Redacted copy of the Account Agreement the following was removed or blacked out as per the table of contents:

1. Definitions - some missing and some blanks

2. Sale & Purchase - some blanks

3. Representations and Warranties - all blacked out

4. Without Recourse and Indemnity - all blacked out

5. Data Transfer - all blacked out

6. Operational - all blacked out

7. Compliance - all blacked out apart from one clause that states not to charge interest on the account without the prior written consent of the seller (Section 69 of the CCA 1984),

8. Collections - all blacked out

9. Supply of credit Files & Information - all blacked out

10.Repurchase - all blacked out

11. Liability - all blacked out

12.Confidentiality - all blacked out

13.Seller's Covenant for further Assignment - all blacked out

14. Assignment and Sub Contracting - all blacked out

15.Notices - all blacked out

16. Dispute Resolution - all blacked out

17. Entire Agreement - all blacked out apart from 17.1 that states this agreement constitutes the entire agreement between the parties, etc...,

18.General - all blacked out

 

Schedule 1 - List of Data Fields - all present

Schedule 2- Operational Matters - all blacked out

Schedule 3 Assignment - all present but computer generated form with blank sections to insert details

Schedule 4 - Notice by the Buyer to the Accountholder - as Schedule 3 above

Schedule 5 - Account Document Request Form - all blacked out

Schedule 6 - Account Putback Report - all blacked out

Schedule 7 - Account Repurchase Request - all blacked out

Schedule 8 - Complaint Notification Form - all blacked out

Schedule 9 - Section 78 Request Form - all blacked out

Schedule 10 - Blank Invoice template - all blacked out

Schedule 11 - Capital One Remittance Listing - all blacked out

 

[Guest]

consumer

re interest -the 'right' to claim s69 interest is statutory. ie no contractual provision required for it, 'statutory rights not affected'. (if claiming post judgment contractual interest then there would be a need for a compliant term in the agreement, and then would be subject to separate proceedings, and the cca if regulated)

q is have they pleaded interest correctly as required by cpr, has there been any unreasonableness?

Edited February 15, 2012 by Ford

[consumeredge]

"7. Compliance - all blacked out apart from one clause that states not to charge interest on the account without the prior written consent of the seller (Section 69 of the CCA 1984),"

IMO that states the "assignee" is not to charge interest on the account without the prior written consent of the seller, specifically referring to S69 of the CCA 1984 also indicates the seller is prohibiting the assignee's 'right' to claim statutoy interest under s69 County Courts Act 1984

[Guest]

they can't 'charge' s69 interest 'cause such interest can only be awarded once there is a judgment in a judgment sum, and any award of s69 interest in a judgment sum is for a court to decide in the circumstances/provisos. the courts statutory 'right'/power to award it, at its discretion, cannot be excluded by an agreement.

Edited February 15, 2012 by Ford

[simongee]

Sorry for the radio silence, I have been away for a week. Your assistance is now really required as I am close to deadlines for returning my witness statement and replying to their request under civil procedure rules part 18.

 

I have come back to two letters from Morgan Solicitors. The first is their Claimant's Witness Statement along with a request for further information under Part 18 of the Civil Procedure Rules and the second is a 'without prejudice save as to costs letter' with a offer to accept a lower payment (approx 10% discount off their claim).

 

Their witness statement, has been completed by a Iain Lill, a litigation associate in the employ of Cabot Financial. In this 'weighty pack', he states that Cabot UK acquired the debt from Capital One. It highlights a balance of £10,369.19 as pleaded and requests judgment for this sum together with interest under Section 69 of the County Courts Act 1984 (8% per annum, £2.27 per day) and costs. He then attaches copies of the following:

 

• Exhibit 1: A copy of a CC agreement with CapOne signed by me in Nov 2005.
  
• Exhibit 2: A letter addressed to me from CapOne with the terms of your CapOne Credit Card agreement. (There is no date on this and I have no recollection of receiving this at the time.)
  
• Exhibit 3: A screen print copy of the monthly balances and usages on the Cap One account between Dec 2005 - Sept 2011.
  
• Exhibit 4: A computer generated 'welcome' letter from Cabot with no date and stamped " Representation of a letter to customer created on 06/05/2011 (date handwritten).
  
• Exhibit 5: a computer generated letter from Morgan's Solicitors dated 17/08/2011 stating the account is currently in default listing the date debt assigned to Cabot Financial of 29/03/2011, current balance of £10,369.19.
  
• Exhibit 6: Copy of Agreement for Receivables Sales between Capital One and Cabot Financial dated 16/03/2011 (much of this is blanked out).
  
• Exhibit 7: Screen print with my name, address, dob, credit limit, contact numbers
  
• Exhibit 8: Screen print of action taken (I have no idea whether this is CapOne or made up by Cabots). The dates commence on 15 April 2011 and run until 16 Sept 2011.
  
• Exhibit 9: Cabot's Statement of Account for period 29/03/2011 to 12/10/2011.
  

With regard to their 'Request under civil procedure rules part 18 for further information', they have asked whether:

 

• Question One: Please confirm whether or not you received the letter dated 10th October 2011 from Capital One (as per the copy disclosed by the Claimant under cover of their letter of the 18th January 2012. If you did receive this letter please provide a copy of it to the Claimant. If you no longer have this letter please explain why not.
  
• Question Two: Please confirm whether you hold in your power, possession custody or control any other letters, statements or any other category of document which relates to the Capital One credit card account numbered xxxx (other tan correspondence between Morgan Solicitors and yourself and court orders relating to this Claim). If so, please provide copies of these documents to the Claimant.
  

I have until 4pm on 24th February 2012 to reply to their Request under Civil Procedure and my own witness statement needs to be with them by 23 February 2012.

 

Can anyone help me with this? I need assistance with putting in the bare bones of the witness statement pertinent to this case and of course how to reply to their request under civil procedure.

 

Thanking you all in advance

 

Kind regards

 

Simon

[simongee]

Interestingly Cabot in their screenshot make no mention of issuing a default notice. Is this essential for them to do this prior to proceeding with court action. I have scanned a copy of their notes from their system that they have included as an exhibit from their witness statement and attach same. I plan to raise this in my witness statement. Any thoughts on this?

 

Simon

Cabot Screen Shot.pdf

[consumeredge]

Hi Simon

 

Cabot screenshot

 

27/07/2011 Solicitor Letter sent

31/07/2011 Pre Litigation

16/08/2011 Letter before Action

16/09/2011 CCJ

16/09/2011 Await CCJ

16/09/2011 CPC claim with charging order as proposed action

 

Then Cabot submit

 

Exhibit 5: a computer generated letter from Morgan's Solicitors dated 17/08/2011 stating the account is currently in default listing the date debt assigned to Cabot Financial of 29/03/2011, current balance of £10,369.19.

 

On the one hand Cabot say a letter before action was sent 16/08/2011 however they also state a letter was sent dated 17/08/2011 advising the account was assigned to Cabot on the 29/03/2011?

 

What are the contents of the letter dated 10/10/2011?

[consumeredge]

and why would Capitol One be writing to you on this date if the account was assigned 6 months previously (29/03/2011) as the claimant alledges

[simongee]

Hi consumeredge

 

Firstly, in your earlier post, I wrote to Capital One requesting full documentation on what they held on me on file. That letter was sent on 28 September 2011. That may explain why CapOne wrote to me early October.

 

I have no record of any letter being sent or received to anyone on 10/10/2011. Where did you get that date from?

 

Thanks

 

Simon