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    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

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    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
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URGENT HELP PLEASE CPR 31.14 request non compliance

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  • #31
    Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Originally posted by repunzel223 View Post
    Original creditor sent SAR request back with PO said I have to nie send it to their solicitor!
    May I just check something with you

    The CCA Request should have gone to the Claimant which is Cabot (who currently owns the debt).

    The CPR 31.14 Request should have gone to the Claimant's solicitors which are Shoosmiths.

    The Subject Access Request should have gone to the original creditor which was the Bank of Scotland.

    So I'm not sure why your SAR (to Bank of Scotland) was rejected asking you to send it to their solicitors as per your previous post.

    Is it possible that instead your CCA Request to Cabot was rejected in a letter telling you to send it to their solicitors? I see that happen a lot. If so it won't make any difference to your valid CCA Request (if it was a valid request).

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #32
      Re: URGENT HELP PLEASE CPR 31.14 request non compliance

      Yes, sorry I was on my phone I meant CCA request. Not understanding why Cabot sent it back, shouldn't they have the original agreement

      Comment


      • #33
        Re: URGENT HELP PLEASE CPR 31.14 request non compliance

        Originally posted by repunzel223 View Post
        Not understanding why Cabot sent it back, shouldn't they have the original agreement
        Just be happy that they don't

        Di
        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #34
          Re: URGENT HELP PLEASE CPR 31.14 request non compliance

          ok so its been over 35 days now and have heard nothing from the defence, there is no response online. What happen's now please?

          Comment


          • #35
            Re: URGENT HELP PLEASE CPR 31.14 request non compliance

            I believe that the claim is now stayed and could remain that way for ever or not.

            If they want to lift the stay they will have to pay a fee
            Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
            I have no formal legal training
            Any advice is offered without liability
            If in doubt take professional legal advice or contact the CAB

            Comment


            • #36
              Re: URGENT HELP PLEASE CPR 31.14 request non compliance

              ring the court Monday and ask them for up date likely they will say as suggested Stayed

              Comment


              • #37
                Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                Hi all so I received another letter from Caboot stating although debt is still unenforceable they are gathering information. What chance do you think this may rise again!?

                Comment


                • #38
                  Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                  Imho, not possible to predict.
                  The claim is for £5k-ish, so if they do 'find' the docs, they might apply to lift the stay (if it is indeed stayed...have you checked?)
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #39
                    Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                    Don't think its lifted but can't find log in details. However, as said they keep sending all demands to me rather than me and my husband which is a bit weird.

                    Comment


                    • #40
                      Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                      ring the court the only way you will find out

                      Comment


                      • #41
                        Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                        Originally posted by repunzel223 View Post
                        they keep sending all demands to me rather than me and my husband which is a bit weird.
                        It's not weird. It may be a blessing in disguise since you say they've only issued legal proceedings against you and not your husband even though this was a joint loan.

                        Don't tell them that.

                        Have you now received your SAR response from the original creditor?

                        You need to see if they correctly defaulted both of you and assigned the debt to Cabot correctly (both of you).

                        Is the Claimant Cabot Financial (UK) Ltd or Cabot Financial (Europe) Ltd.

                        If you received a Notice of Assignment which 'Cabot' was it assigned to?

                        Di
                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #42
                          Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                          Having received anything yet from them only that letter

                          Comment


                          • #43
                            Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                            Cabot Financial (UK) Limited

                            Comment


                            • #44
                              Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                              did receive SAR some time ago in both our names

                              Comment


                              • #45
                                Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                                Sorry CCJ just in my name

                                Comment

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