Unsure about parts of the CPR template

[Babylon30]

Hi all

I am in process of typing a CPR letter and parts I dont quite understand or know what to put in are:-

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X. - I dont understand what date I have to put in here?

Also

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Where will I find this information? I only have the County Claim Form to go on and few letters from Cabot Financial. Do I have to send any money with this letter? I know I have to send £1 for the CCA request.

Many thanks for the help.

[Amethyst]

Re: Unsure about parts of the CPR template

The filing defence date is the date 33 days after the date of issue as printed on the front of the claim form. I use http://www.timeanddate.com/date/dateadd.html to work this out. Thats the date you have to have your defence filed by if you have acknowledged the claim.


The County Court Claim form will have the particulars of claim or 'statement of case' on the front. If you type that out we can help, but basically you can list documents they mention in there - so usually contract / agreement // default // assignment

The CPR doesn't need any money with it and should go to the claimants solicitors(Restons?).

The CCA needs the £1 and should go to CABOT

[Babylon30]

Re: Unsure about parts of the CPR template

Thanks for your reply. The particulars of claim are
By an agreement between J D Williams T/A Naturally Close (NTCL) & the defendant dated 05/04/2004 (the agreement) NTCL agreed to issue the defendant with a credit account upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant on 27/07/2011. The claimant has complied with sections III & IV of practice direction - pre-action-conduct. The claimant therefore claims £1014.48.
Im confused as to what parts of that apply to agreement /contract. Default notice , assignment and formal demand for my CPR letter which I want to send tomorrow.

[Kafka]

Re: Unsure about parts of the CPR template

In the POC only the agreement and assignment are mentioned, so you shouldn't request the default, only the documents directly related to the POC.

CPR request to their issuing solicitor for all docs relevant to the claim, particularly the copy of the original agreement and the T&Cs applicable at the time. Also the Notice of Assignment that the original creditor was required to have sent you to inform you of the transfer of ownership.

CCA request goes to the owner, presumably Cabot? That's a separate request under the CCA not the Court Rules and requires them to provide a valid copy of the original agreement and T&Cs. If they don't supply that within the allocated time (I think 12 days?) then they are in breach of a statutory requirement if they proceed with the claim.

The issues of the CCA changed in April 2007 with the revised Act so that defence doesn't work after that date. What was the date of the original agreement, are you sure it was 2004, as they state?

[Babylon30]

Re: Unsure about parts of the CPR template

Thanks for your reply but I'm sorry I'm completely baffled. I know I have to send a CCA to Cabot. It's the CPR that is confusing me - I've looked at template and I don't know what exactly to write on the above 4 points. I know the CPR goes to the solicitors not Cabot.
It was definitely around 2004, I maybe wrong but if I am it was prior to this date and not after. I didn't sign a contract. It was goods purchased online which escalated out of control due to a change in my financial situation and their huge interest fees and charges. The actually goods I purchased was only around £300.

[Babylon30]

Re: Unsure about parts of the CPR template

I really want to get my CPR letter sent today but I am stuck on what I need to write in the following:-

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand


I am sorry if I am sounding repetative but I really am clueless when it comes to this, never been in this situation before. I actually feel like just ticking the admit the full amount on the admissions form and offering them whatever I can afford monthly.

If someone could help me on this it would be very much appreciated.

[Amethyst]

Re: Unsure about parts of the CPR template

By an agreement between J D Williams T/A Naturally Close (NTCL) & the defendant dated 05/04/2004 (the agreement) NTCL agreed to issue the defendant with a credit account upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant on 27/07/2011. The claimant has complied with sections III & IV of practice direction - pre-action-conduct. The claimant therefore claims £1014.48.


So ask for

Agreement
Terms and Conditions
Statement of Account / Transaction History
Termination/Default Notice
Assignment

[Babylon30]

Re: Unsure about parts of the CPR template

Many thanks for your reply. I think I am with it now. Sorry for being a nuisance. I just want to get it right and get it posted.

[Babylon30]

Re: Unsure about parts of the CPR template

[QUOTE=Amethyst;461426]The filing defence date is the date 33 days after the date of issue as printed on the front of the claim form. I use http://www.timeanddate.com/date/dateadd.html to work this out. Thats the date you have to have your defence filed by if you have acknowledged the claim.


One last question - I am going away on 07 September for 10 days, I will be out of the country and doubt I will have any internet access. Will this affect this process? Its something I cant cancel.

[Amethyst]

Re: Unsure about parts of the CPR template

What date is your defence due?

[Babylon30]

Re: Unsure about parts of the CPR template

I dont know, the issue date on teh claim form is 06 August. I received it Monday 11 August. Will I have to attend the court?

[Babylon30]

Re: Unsure about parts of the CPR template

What date is your defence due?

I don't know, the date on the claim form is 06 August and I got it on Monday 11 August. Will I have to attend the court?

[Amethyst]

Re: Unsure about parts of the CPR template

Okay - defence is due
Monday, September 8, 2014

So if you're off away on the Sunday then we can put in your defence on the Friday before you go without a problem xx

[Babylon30]

Re: Unsure about parts of the CPR template

Okay - defence is due
Monday, September 8, 2014


So if you're off away on the Sunday then we can put in your defence on the Friday before you go without a problem xx

Thats fabulous, thank you so much for your help. You've been brilliant.

[Amethyst]

Re: Unsure about parts of the CPR template

Court wise, if it did go far enough and they did supply all of the documents and you continued defending the case then I'd guess there could be a hearing October/November. But a way to go before that's even on the cards.