Cabot Financial (UK) Limited v. Ping

[Ping]

Dear All experts:

I am worried and I desperately need advice as I cannot afford a CCJ on my credit history. I am currently out of work (made redundant) and staying in a rental property with my wife having to pay for it and with a baby barely meeting the ends. I have Received a claim from Restons Solicitors on behalf of Cabot Financial for a capital one credit card I took out and couldn't keep up with the payments due to financial difficulties. I have provided the information below as guided on your forums as below:

Claim Issue Date: 1st September;2016
Amount approx: £411
Claimant: Cabot Financial (UK) limited
Solicitor: Restons Solicitors
Original Creditor: Capital One
Particulars of Claim: Particulars a/c no 47759 XXXXXX, DATE 01/08/2016, ITEM DEFAULT BALANCE, VALUE 326.56, POST REFRL CR NIL TOTAL 326.56
Is the debt Statute Barred? No
List any letters you have sent: CCA to Cabot and CPR 31.4 to Restons
Any Other Info:

I have acknowledged the receipt of claim on MCOL and I have sent the letters as guided on the "first steps" section of this forum. On my CPR request to Restons I stated "I require inspection of documents below that you mention in your statement of case: Contract between defendant and Capital one for a/c no 4759 XXXXX"

To my above CPR request Restons have replied today stating that "The documents you have requested are not "mentioned" in our Particulars of Claim and therefore CPR 31.14(1) does not apply".

At this stage I need help from you guys in understanding if my request for CPR was infact wrong? I am not clear what I should do next as particulars of claim states as below are not very clear:
Particulars a/c no 47759 XXXXXX DATE 01/08/2016 ITEM DEFAULT BALANCE VALUE 326.56 POST REFRL CR NIL TOTAL 326.56

Please let me know what should be my next step? I have time for defence until 3rd of October 2016.

Many Thanks

[charitynjw]

Re: Cabot Financial (UK) Limited v. Ping

Particulars of Claim: Particulars a/c no 47759 XXXXXX

"I require inspection of documents below that you mention in your statement of case: Contract between defendant and Capital one for a/c no 4759 XXXXX"

A small anomaly?

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

A small anomaly?

Thanks for your reply. So have I made a wrong request under CPR? Can I fix it? I am not very clear what would be the right request under the CPR with the particulars of claims Restons have stated in my case. Could you please help?:tinysmile_cry_t:

[MIKE770]

Re: Cabot Financial (UK) Limited v. Ping

what documents stated on the claim form - other possibly request later on as the case continues?

CPR31.14 would be relevant only to stated documents at this stage,

[charitynjw]

Re: Cabot Financial (UK) Limited v. Ping

The PoC state a/c no 47759.......
You asked for a/c no 4759.......

If it were me, I'd resend using the reference quoted in the PoC.

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

This is how it is stated in the notice:

"The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Capital One dated on or about Oct 13 2010 and assigned to the claimant on Sep 24 2015. Particulars a/c no 47759 XXXXXX DATE 01/08/2016 ITEM DEFAULT BALANCE VALUE 326.56 POST REFRL CR NIL TOTAL 326.56"

It seems to be a bit confusing as I do not really understand what the above means. I might have interpreted above particulars of claim wrongly and that is why I asked in my CPR letter specifically I require inspection of documents below that you mention in your statement of case: Contract between defendant and Capital one for a/c no 4759 XXXX

Can a new request with proper wording be made after Restons reply? What should I write this time around?

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

You have eagle eyes :tinysmile_twink_t2:. Well I have just checked the letter I sent to Restons and I have quoted the numbers right matching the PoC. It is only a typo on this thread.

[charitynjw]

Re: Cabot Financial (UK) Limited v. Ping

Exactly what did you ask for in your CPR request?

[Linus]

Re: Cabot Financial (UK) Limited v. Ping

More importantly, have you sent a CCA request to Lowell

You could also send a specific part 18 request but this needs to be specific in what you ask for so it could be for a copy of the default notice , a copy of the Notice of assignment

Since Cabot aquired the debt have you moved - it is possible that they may get addresses mixed up

On another note, have you applied for all the benefits you are entitled to such as JSA, Housing benefit, Council Tax benefit
https://www.entitledto.co.uk/

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

Ok I think I am confusing everyone, so here is a summary of what has happened in 3 steps:

1. In the court notice particulars of claims are stated as below:

"The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Capital One dated on or about Oct 13 2010 and assigned to the claimant on Sep 24 2015. Particulars a/c no 47759 XXXXXX DATE 01/08/2016 ITEM DEFAULT BALANCE VALUE 326.56 POST REFRL CR NIL TOTAL 326.56"

2. In response to that I requested CPR to restons as follows

Dear Sirs,
Claim Number: XYZ
Request for documents mentioned in a statement of case under CPR 31.14
On 03/09/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents stated below that you mention in your statement of case ahead of filing my defence on 30/09/2016.

1. Contract between Defendant and Capital One for a/c no 47759XXXX

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 13/09/2016.

I look forward to hearing from you.

Yours sincerely

3. In response to the above letter, Restons replied as below:

We acknowledge receipt of your recent request, made pursuant to CPR 31.14
CPR 31.14(1) states:
"A party may inspect a document mentioned in -
a)a statement of case;
b)a witness statement;
c) a witness summary; or
d) an affidavit"

The documents you have requested are not "mentioned" in our particulars of claim and therefore CPR 31.14 (1) does not apply.
We trust this clarifies matters.
Yours faithfully,
XYZ

I hope above clarifies. No I don't understand where do I stand with the above response from Restons? Can anyone help please?

[MIKE770]

Re: Cabot Financial (UK) Limited v. Ping

@Amethyst

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

More importantly, have you sent a CCA request to Lowell

You could also send a specific part 18 request but this needs to be specific in what you ask for so it could be for a copy of the default notice , a copy of the Notice of assignment

Since Cabot aquired the debt have you moved - it is possible that they may get addresses mixed up

On another note, have you applied for all the benefits you are entitled to such as JSA, Housing benefit, Council Tax benefit
https://www.entitledto.co.uk/

I have sent the CCA request currently waiting to hear back from Cabot. I just want some help on the response I have received from Restons on CCP request.

- - - Updated - - -
[MENTION=3599]MIKE770[/MENTION] [MENTION=6]Amethyst[/MENTION] any word on how should I proceed with Restons on their CCP request reply?

[Ping]

Re: Cabot Financial (UK) Limited v. Ping

I have sent the CCA request currently waiting to hear back from Cabot. I just want some help on the response I have received from Restons on CCP request.

- - - Updated - - -
@MIKE770 @Amethyst any word on how should I proceed with Restons on their CCP request reply?

[MENTION=3599]MIKE770[/MENTION] @Amethyst and all experts,

I have received the response from Cabot Financial for my CCA request as follows:

"RE: Capital One Credit Card 4775xxxx

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

We currently do not have this information on file. However, i have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

What happens next?

I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender I anticipate that we will be able to to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

If you have any queries, please do not hesitate to contact us.

Yours Sincerely,
XYZ"

Based on the above letter what should be my next step? I have my 33rd and the last day for filing defence tomorrow i.e. 3rd of October. Do I file a defence on MCOL? If yes, what should I write? Please note that for CCP request the solicitors have said that they haven't mentioned the documents that I am asking for in the particular of claim, so I believe my only leg to stand on is the above letter from Cabot in response to the CCA request. Please urgently help me as I am worried about the last day of filing the defence.

Thanking in anticipation!

[MIKE770]

Re: Cabot Financial (UK) Limited v. Ping

usual response letter from these Crackpots (Cabots) (Rectums), 40 days is time in respect for SAR request limit (for Info). Their problem if they have not got the documents in question, they can still go ahead up to Disclosure point in proceedings, this tactic seems to be the norm with so called ethical solicitors in the debt collection business, hoping they get a case won by default, in all cases await next court instructions and time limits NOT what these so called litigation people tell you, and keep time court time tables,

[Kati]

Re: Cabot Financial (UK) Limited v. Ping

Here's a link to a template defence ... have a play with it this morning and see what you come up with. If you post it up on here before you enter it on MCOL I'll tag [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] to have a look at it xx