Court Claim - Cabot / Halifax - 9-12-2014

[kazordoon]

Received a claim? Yes
Issue Date: 9-12-2014
Amount approx: 2543.02
Claimant: Cabot
Solicitor: Restons
Original Credit: Halifax

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Halifax - credit card dated on or about Jan 21 2008 and assigned to the claimant on Jul 18 2014 in the sum of 2543.02

Particulars a/c no xxx

Date Item Value
12/11/2014 Default Balance 2543.02
Post Refrl Cr NIL
Total 2543.02

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:

[kazordoon]

Re: Court Claim - Cabot / Halifax - 9-12-2014

Got replies from Claimant (Cabot) and solicitors (Restons):

Claimant (Cabot):

Thank you for your request for information under the consumer credit act 1974. Cabot currently doesnt have this information on file. However we have requested the relevant information under section 77 and/or 78 on the consumer credit act 1974 from the original lender.

We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Solicitors (Restons):

We would point out that the claim was issued via the county court business centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of practice direction 7E especifically states "the requirement in paragraph 7.3 of practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction".

We would also remind you that CPR 31.14 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"

You would have been provided with a copy of the contaractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an aditional copy.

Although your letter states that you require the requested documents in order to file a Defense/Counterclaim, we would point out that the Particulars of Claim contaiins sufficient information in order for you to understantd what the claim relates to, namely:

a) the date the account was opened;
b) the account number;
c) the outstanding blanace;
d) the name of the original creditor; and
e) the fact that the account has been assigned to the claimant and when it was assigned.

We trust this clarifies matters.

[kazordoon]

Re: Court Claim - Cabot / Halifax - 9-12-2014

The claimant, Cabot, states that they need 40 days to provide me with the required information. But the deadline to prepare my defense it's this Friday. Since they won't send me the requested information in time, what is going to happen. Will a default guilty CCJ be given to me ? Or does the court know that they need 40 more days and an extension will be given to both parts ? Or should I ask to the court for an extension ? Please help.

[nemesis45]

Re: Court Claim - Cabot / Halifax - 9-12-2014

Cabot have 12 + 2 working days to comply with a CCA request NOT 40 days.
Yes ask for an extension quoting Cabots exact wording re 40 days

The 40 day nonsense is made up by Cabot which will often quote " industry guidelines" which of course cannot affect the statutory time limit.

This must be reported to the FCA asap.

Get the defence ready file it,. It may have to be vague but that can be remedied later.