Claim Form Cabot + Mortimer Clarke

[englishgirl]

Hi

I received a County court claim form

Issue Date 26 Jul 2017
Approx amount £400
Claimant Cabot
Solicitor Mortimer Clark
Original credit Capital One
Particulars of the Claim
By an agreement between Capital One Bank Europe PLC &
The Defendant on or around 11/11/2014 ("the agreement") Capital One Bank agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant.
The Claimant therefore claims xxx


I have already acknowledged via MCOL on 1st August saying I will be

I have previously had two other CCJ claims for other things stuck out because they ignored all requests for paperwork. I'm currently writing up the CPR 31.14 request and this particulars of claim is worded different to my previous two so just want to double check the documents I can request.

I presume I can request

1) Agreement
2) Default Notice
3) Deed of Assignment
4) Formal Notice

Am I correct?

Thanks in advance for any help

[MIKE770]

Re: Claim Form Cabot + Mortimer Clarke

items listed on the court form (Particulars of claim) can be requested at this stage only!"

[englishgirl]

Re: Claim Form Cabot + Mortimer Clarke

Sorry im confused what you are saying. Im requesting it as per the suggestions in the county claim section and sinply querying from the particulars of claim i listed in my first post if im right to request those four documents when i send the cpr 31.14.

[charitynjw]

Re: Claim Form Cabot + Mortimer Clarke

If it were me I'd request all of that plus the Notice of Assignment and a detailed breakdown of the sum allegedly owed.
You may receive a response saying that CPR 31 doesn't apply to Small Claims, blah blah (some of the debt purchasers send out template letters stating this; I'm not sure whther Cabot/MC do).
If so there is no harm in resending it without any mention of CPR 31.
They have an ongoing duty to disclose relevant info & failure to do so could be classed as unreasonable, even in Small Claims.

Have you sent a CCA request?

[englishgirl]

Re: Claim Form Cabot + Mortimer Clarke

Hi, yes sending cca letter to cabots today at same time as sending cpr31 to solicitors.