• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Cabot Court Case need help

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Cabot Court Case need help

    oand this for cpr31.14 will it d
    Dear Sir,


    Re: Cabot Financial (UK) v defendant Claim No:
    CPR 31.14 Request
    On 16th of September 2016 I received the Claim Form in this case issued by you out of the County Court Buisness Centre,4th Floor ST Katharines House, 21-27 St Katharines Street,Northampton,NN1 2LH.
    I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
    Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:
    1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
    2 The assignment
    3 The termination notice
    5 [any other documents mentioned in the Particulars of Claim]*


    [Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#
    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. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
    Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
    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.
    If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
    If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
    Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
    I do hope this will not be necessary and look forward to hearing from you.
    Yours faithfully

    Comment


    • #17
      Re: Cabot Court Case need help

      | CCA Request || CPR 31.14 Request

      Comment


      • #18
        Re: Cabot Court Case need help

        The limit for small claims is now £10000

        Did you get the CPR request from the link Kati posted ?


        As for the agreement number, do you have any other communications that give an account or reference number ?

        Comment


        • #19
          Re: Cabot Court Case need help

          hi thanks for that will amend it to 10000 no nothing else in paticulars of claim seems odd that they did not put down the agreement number anything you suggest
          thanks

          Comment


          • #20
            Re: Cabot Court Case need help

            as ammended ans simply put

            Cabot Financial (UK) Ltd


            1 Kings Hill Avenue
            Kings Hill
            West Malling
            Kent


            Dear Sir/Madam


            With reference to Account Number Document as stated within N1 POC




            With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

            I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

            I understand a copy of our credit agreement should be supplied within 12 working days.

            I look forward to hearing from you.

            and this for cpr31.14






            Cabot Financial (UK) Ltd
            1 Kings Hill Avenue
            Kings Hill
            West Malling
            Kent


            Dear Sir/Madam


            Claim Number


            Request for documents mentioned in a statement of case under CPR 31.14


            On 16th September 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 counter-claim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.



            1. Agreement / Contract
            2. Assignment
            3. Termination of Agreement

            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, September the 19th 2016


            I look forward to hearing from you.

            Yours sincerely

            When would I bee filing for Defence
            Last edited by taffy24; 18th September 2016, 19:11:PM. Reason: added on

            Comment


            • #21
              Re: Cabot Court Case need help

              date on court papers is 14 sept 2016 when will I need to file defence anyone

              Comment


              • #22
                Re: Cabot Court Case need help

                Originally posted by taffy24 View Post
                date on court papers is 14 sept 2016 when will I need to file defence anyone

                Check your dates

                Comment


                • #23
                  Re: Cabot Court Case need help

                  so it is 28 days plus what number of days

                  Comment


                  • #24
                    Re: Cabot Court Case need help

                    both letters sent to their destination
                    1 to cabot
                    1 to their solicitors
                    somehow feels like i am getting a grip of this and not so frightening as it seems

                    Comment


                    • #25
                      Re: Cabot Court Case need help

                      Great Just keep an eye on dates and let us know if you hear anything back xx

                      ( Defence due in before 33 days from the date of issue as printed on the form (28+5))
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #26
                        Re: Cabot Court Case need help

                        update they actually sent me the agreement number and i requested for the copy of the original they replied stating that they acknowledge request however could not find it and would reply in 40 days it is now well over 60 days still no reply
                        thanks for your help

                        Comment


                        • #27
                          Re: Cabot Court Case need help

                          Did you submit a defence?

                          Comment


                          • #28
                            Re: Cabot Court Case need help

                            Originally posted by taffy24 View Post
                            update they actually sent me the agreement number and i requested for the copy of the original they replied stating that they acknowledge request however could not find it and would reply in 40 days it is now well over 60 days still no reply
                            thanks for your help
                            I think you need to check with the court tomorrow, if you have submitted a defence to which the claimant has not responded the claim could be stayed.

                            nem

                            Comment

                            View our Terms and Conditions

                            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                            Announcement

                            Collapse

                            Support LegalBeagles


                            Donate with PayPal button

                            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                            See more
                            See less

                            Court Claim ?

                            Guides and Letters
                            Loading...



                            Search and Compare fixed fee legal services and find a solicitor near you.

                            Find a Law Firm


                            Working...
                            X