Cabot/Shoesmiths Claimform - old catalogue 'debt'

[AndyOrch]

So you need to acknowledge the claim first Misty as above add 19 days to the date on the claim...that is your acknowledgement date but you can do it anytime now once you have registered to use the MCOL service.

 

Then you need to decide if your intended action ...do you wish to defend? If so you need to request the information as outlined above ..CPR 31.14 and CCA (credit consumer agreement) request.

 

Regards

 

Andy

[AndyOrch]

Thanks Andy, CPR 31.14 and CCA have been sent off, and I have acknowledged it through MCOL.

What would be the next step, if they ignore the request, can I ask the court to set it aside due to non compliance.No they are not compelled to disclose pre defence...disclosure follows the defence

 

I also don't think what they say I owe is incorrect, if I remember correctly, I think the credit limit was for a £100 but don't have anything to back this up.

 

 

Andy

[AndyOrch]

They cant ignore the CCA they can decline the CPR...they will have to disclose irrespective at the relative stage when the court directs...if they fail the court will strike it out.

 

If they cant respond to the CCA then there is little point proceeding...but the court again will deal with that as above at the necessary stage.

[AndyOrch]

Delaying tactics..there is no legal requirement for a signature.

[AndyOrch]

Just received this back from the solicitors after I signed and returned my requests.

 

"We acknowledge receipt of your recent letters.

 

As you should be aware S78(1) CCA 1974 states that "the creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debter a copy of the executed agreement..

 

Your request is returned to you because we are not the creditor- we are a firm of Solicitors.Who are acting for the claimant in litigation of this agreement

 

In any event, it may be useful to explain that the Credit Agreement was terminated when you failed to comply with the terms of the Default Notice issued. We refer you to the judgment of His Honour Judge Simon Brown QC in the Rankine V American Express Service Europe Limited.

 

Nonsense and laughable from a supposedly firm of solicitors...the fact its terminated has no effect on a section 77/78/79 request and is applicable until replaced by a judgment (CCJ)

In response to your request made pursuant to CPR 31.14 we respectfully point out that the proceedings in this instance were issued via the County Court Bulk Centre, which is a procedure specifically provided for in the CPR. PD 7(1.4)(3A) States that "the requirements in the paragraph 7.3 of the practice direction 16 (statements of case) for documents to be attached to the particulars of contract claims does not apply to claims to be issued by the Centre..."

 

You never stated that ....you requested disclosure of the documents referred to in their particulars vis a CPR 31.14 not that they were not attached

 

Furthermore, as you should be aware, CPR 31.14(1) States:-

 

"a party may inspect a document mentioned in -

 

(a) a statement of case,

(b) a witness statement,

© a witness summary, or

(d) an affidavit"

 

The documents you requested are not "mentioned" in our particulars of the Claim and therefore CPR 31.14(1) does not apply.

 

What did you request ? Were they referred to in their particulars?

 

Regards

 

Andy

[AndyOrch]

What did you request in your CPR 31.14 and what did they refer to in the particulars?

[AndyOrch]

The claimant claims the sum of £321.56 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Premier man. And assigned to the claimant on 13/01/2012, notice of which has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

 

The claimant claims the sum of £321.56 and costs.

The claimant has complied, as far as is in the pre-action conduct practice direction.

 

Credit agreement

Notice of Assignment

Default Notice

[AndyOrch]

Yes....have they returned your CCA fee or kept it?

[AndyOrch]

Okay send just the CCA request to Cabot ....attach a covering letter stating that you have previously requested this information from Shoos who are representing you Cabot as Claimant in litigation with regards to an ongoing claim number xxxxxxxx and that they are deliberately denying you from seeking this legal request in support of your defence and quoting and relying on Rankine V American Express Service Europe Limited.

 

You must empathise that should this request not be complied with you will bring it to the courts attention at the appropriate point of proceedings.

[AndyOrch]

So is this thread Shoes or Restons?

 

Dont send the above to whoever...its no longer a criminal offence

[AndyOrch]

If this is the shoesmith claim then I would advise a new thread for Restons and a time line of what you have done so far together with any responses/court documents etc.

[AndyOrch]

Just submit your defence on time......you can refer to your requests and their lack of response in your defence.