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  1. #1
    Lsfranklin88's Avatar

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    Default Country court claim form from county court business centre help!

    Hello,

    I recieved a county court claim form this morning from Cabot Finance. The address for sending documents is Restons Socilitors.

    I have no idea what this debt is for, it says capital one but I cannot remember any card with them. It says a contract dated on or about 17 November 2008.

    I have seen you can send letters to request the information, if you could please let me know how I go about this it would be hugely helpful as not 100% sure what I am doing.

    Thank you.

  2. #2
    Kati's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Good morning to LB.
    Amethyst lays out your first steps perfectly in the quote here:
    Quote Originally Posted by Amethyst View Post
    Firstly, don't panic.

    Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

    So, first steps (within 14 days of receiving the claim)

    1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
    You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

    2: Send A CCA REQUEST to the CLAIMANT ( see here )
    This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.


    3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

    This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

    If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

    Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
    OR
    If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.

    IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM



    And people here will help guide you through the next steps.

    NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.
    and you can check the dates for your defence deadline here - http://www.timeanddate.com/date/dateadd.html
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    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Hi,

    Just to double check, I have completed step 1.

    I believe step 2 should be sent to Cabot and step 3 should be sent to Restons solicitors as per the claimant and address for sending documents and payments (if different) on the claim form. Also is this 7 days (calendar) or 7 working days, just with the bank holidays coming up. I have used the templates as specified in your post, thank you very much.

    Any confirmation, or information would be much appreciated as I would like to send these first thing tomorrow via recorded delivery.

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    nemesis45's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by Lsfranklin88 View Post
    Hi,

    Just to double check, I have completed step 1.

    I believe step 2 should be sent to Cabot and step 3 should be sent to Restons solicitors as per the claimant and address for sending documents and payments (if different) on the claim form. Also is this 7 days (calendar) or 7 working days, just with the bank holidays coming up. I have used the templates as specified in your post, thank you very much.

    Any confirmation, or information would be much appreciated as I would like to send these first thing tomorrow via recorded delivery.
    Yes correct, CCA request to the claimant £1 statutory fee payable. CPR 31.14 to solicitors (no fee).

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Thank you for the CPR 31.14, in the Particulars of claim they state:

    "the claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 17 2008 and assigned to the Claimant.

    PARTICULARS a/c no XXXXXXX

    Date: 03/12/2015 Default Balance 1652.30
    Post Refrl Cr NIL
    TOTAL 1652.30"


    Based on the information above, can i only ask for a copy of "the contract"? Or is there anything else i should be asking for?

    Thank You

  6. #6
    nemesis45's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by Lsfranklin88 View Post
    Thank you for the CPR 31.14, in the Particulars of claim they state:

    "the claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 17 2008 and assigned to the Claimant.

    PARTICULARS a/c no XXXXXXX

    Date: 03/12/2015 Default Balance 1652.30
    Post Refrl Cr NIL
    TOTAL 1652.30"


    Based on the information above, can i only ask for a copy of "the contract"? Or is there anything else i should be asking for?

    Thank You
    Good morning,

    The Contract and the notice of assignment.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  7. #7
    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Hello,

    Thank you for all you help so far.

    I sent the CCA request to Cabot financial on 30/12/15 and I was recieved on 30/12/15. Based on the within 12 working days it is expected on the 18/1/16. I have to file my defence before 16:00 on 19/1/16, so was wondering if anybody could provide some clarity on if the requirement is to send the documents on the 18/1/16 or to be recieved before this date.

    I sent the CPR request to Restons Solicitors on 30/12/15 and it was recieved on 4/1/16, so is due to be recieved by 11/1/16. So far I have recieved nothing, if I do not recieve it by 11/1/16 is there anything further I should do?

    Thank you again for your help with this matter so far.

    Leigh-anne

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    Stu's Avatar

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    Default Re: Country court claim form from county court business centre help!

    As the time scale would leave you to short to file a defence with the lack of CPR write to the solicitors and ask for a 28 day extension, if they agree notify the courts in writing as soon as possible even send an email but a letter is a must and send recorded... However if they decline ensure you make it known in your defence of the decline .... Chase up the the CPR after the 7 days but dont chase the CCA...

  9. #9
    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    To chase up the CCA, is there a template letter anywhere? If not would someone be able to tell me what I should include.

    Also should I send the chase up letter Monday once the post has been (as I think it should be with me within 7days) or should I allow a couple of days for a letter to be recieved.

    I have had a look through the threads, and cannot find anything about it. But similar to me sending the letters by recorded delivery to ensure they arrive and there is proof do the solicitors and claimants do the same?

    Thank you for your help stu82

  10. #10
    nemesis45's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by Lsfranklin88 View Post
    To chase up the CCA, is there a template letter anywhere? If not would someone be able to tell me what I should include.

    Also should I send the chase up letter Monday once the post has been (as I think it should be with me within 7days) or should I allow a couple of days for a letter to be recieved.

    I have had a look through the threads, and cannot find anything about it. But similar to me sending the letters by recorded delivery to ensure they arrive and there is proof do the solicitors and claimants do the same?

    Thank you for your help stu82
    There is no point in chasing a CCA request, if the claimant has failed
    to comply within the statutory timescale the debt is rendered unenforceable
    Until the agreement is supplied.

    Yes chase the CPR template in the forum library.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Stu's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by Lsfranklin88 View Post
    To chase up the CCA, is there a template letter anywhere? If not would someone be able to tell me what I should include.
    Did you meen CPR as you dont chase the CCA only the CPR

  12. #12
    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Hello,

    Yes I did mean the CPR, not the CCA. Sorry for the confusion!

  13. #13
    Stu's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Say something like, in view of the fact they've not supplied you with the paperwork you need to assess your situation and prepare a defence, which they should have had in their possession before issuing a claim, would they kindly agree to a 28 day extension as allowed by CPR 15.5. You can do this by email and chase up over the phone if necessary but personally I would go with a recorded delivered letter, then if they agree, you need to inform the court in writing, which is a must.....

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    nemesis45's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by Lsfranklin88 View Post
    Hello,

    Yes I did mean the CPR, not the CCA. Sorry for the confusion!
    Use the template from the forum library for the CPR request.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Stu's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by nemesis45 View Post
    Use the template from the forum library for the CPR request.

    nem
    They have already sent the CCA/CPR requests out Nem Lsfranklin is asking for a responce to send to the Solicitors for the non compliance of the CPR...

  16. #16
    nemesis45's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by stu82 View Post
    They have already sent the CCA/CPR requests out Nem Lsfranklin is asking for a responce to send to the Solicitors for the non compliance of the CPR...
    Template for non compliance letter is in the library.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Hello,

    Today I recieved a letter from Restons solicitors which acknowledges my requests.

    However it states that under CPR31.14 the documents I requested are not "mentioned" in their particulars of claim and therefore my request does not apply.

    What I requested was the contract dated on or about November 17 2008 and the notice of assignment.

    Did I do this incorrectly?

    I can post a picture if required.

    Thank you all for your help so far.

  18. #18
    nemesis45's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by Lsfranklin88 View Post
    Hello,

    Today I recieved a letter from Restons solicitors which acknowledges my requests.

    However it states that under CPR31.14 the documents I requested are not "mentioned" in their particulars of claim and therefore my request does not apply.

    What I requested was the contract dated on or about November 17 2008 and the notice of assignment.

    Did I do this incorrectly?

    I can post a picture if required.

    Thank you all for your help so far.
    Well a " Contract" is mentioned and an assignment too.

    Yes please let's see the letter(s).

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  19. #19
    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    That is what i thought.
    The exact words i used were:
    " * contract dated on or about November 17 2008
    *
    notice of assignment"
    in the bullet points in the template letter, i can also upload this, if you need me to please let me know.

    Return letter from Restons;
    https://drive.google.com/file/d/0B-r70TO9-eEvUDIwYkxkczVUMlE/view?usp=sharing

    Particulars of claim: https://drive.google.com/file/d/0B-r...ew?usp=sharing

    If you need any further pictures or information of the whole letter, please let me know.
    Last edited by Lsfranklin88; 12th January 2016 at 18:47:PM. Reason: links have not worked

  20. #20
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    Default Re: Country court claim form from county court business centre help!

    Any help would be hugely appreciated as I am very aware of the limited time left.

    Was something quoted for the letter incorrect or is this restons playing games?

  21. #21
    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Hello

    My defence is due by 16:00 on Tuesday so am really worried about what I should do next.

    Any help regarding asking for further documents or providing a defence would be great!

    Thank you

  22. #22
    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by nemesis45 View Post
    Well a " Contract" is mentioned and an assignment too.

    Yes please let's see the letter(s).

    nem
    Hi,

    am am sorry to pester but I think my defence is due by 16:00 tomorrow, I have done 28 days from the claim date.

    Any guidance would be great.
    The Issue date is 22 Dec 2015 and I acknowledged through the gateway on the 24/12/15.

    If if any further information is required following the above please let me know.

  23. #23
    Kati's Avatar

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    Default Re: Country court claim form from county court business centre help!

    :bump: for @nemesis45 and @Amethyst xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    Default Re: Country court claim form from county court business centre help!

    I'm just on my way to cook dinner but here's an example defence to have a look over http://www.legalbeagles.info/forums/...t-Court-Claims - I think you sent the CPr and CCA requests mentioned in it.... see what you think and ask any questions, and I'll be back a bit later, if Nem doesn't get here first xxxxxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  25. #25
    Lsfranklin88's Avatar

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    Default Re: Country court claim form from county court business centre help!

    Quote Originally Posted by Amethyst View Post
    I'm just on my way to cook dinner but here's an example defence to have a look over http://www.legalbeagles.info/forums/...t-Court-Claims - I think you sent the CPr and CCA requests mentioned in it.... see what you think and ask any questions, and I'll be back a bit later, if Nem doesn't get here first xxxxxx
    Thank you, i have drafted a letter as follows but need help on a couple of bits (i will be removing the bold but advise on these bits in particular);

    1: I received the claim XXXXXXXX from the County Court Business Centre on Thursday 24th December 2015.

    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    5. The Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited on [No Date is given] What should i put here?. The Defendant does not recall receiving notice of this assignment.

    6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    7: On the 31st December 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited requested the Claimant provide copies of the Contract Dated on or about Nov 17 2008 and the Notice of Assignment (Is this ok, as i recieved the letter as above).

    8. Restons Solicitors has stated that these are not “mentioned in their Particulars of Claim.

    9. On the 30th December 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section [77 or 78] I am unsure which section applies of the Consumer Credit Act 1974 along with the statutory £1 fee.

    11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] i am unsure which section applies Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] i am unsure which section applies Consumer Credit Act 1974 cannot enforce the agreement.

    12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    15. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.



    Signed …………………………………………

    Dated .................................................. ....

    Any feedback would be appreciated, thank you again.
    Last edited by Kati; 18th January 2016 at 19:59:PM.

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