Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-2014

**Amethyst** · 19th December 2014, 09:55:AM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Hi Jimmib, So sorry your post has been missed. Are you getting on okay ?

For the CPR letter, I find it best to go and underline the 'documents' that are mentioned, then include those in the request.

he claimant's claim is for debt(s) arising from Consumer Credit Act 1974 agreement(s).
The claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Goldfish Bank Ltd Credit Card.
Account no.******************* 1,925.00.
Despite demands for payment therefore sums remain due of 1,925.00 interest under s.69
county courts act 1984 and costs.

**Jimmib78** · 29th December 2014, 20:51:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Hi Amethyst

Thanks for getting back to me i really appreciate it, i hope you've had a nice Christmas. Sorry i'm just replying I think i'm getting on ok but not i'm too sure what i need to be doing at the next stage.

So far i have sent off the CCA & CPR request letters from the templates on the other thread. Wright Hassall have now sent back 2 letters which are detailed below, they are basically identical apart from the one sentence as far as can see. They mention that i need to request this information through my Response pack but have also advised that they will be requesting them from the client anyway.
Would i still need to do this through the response claim form or is it good enough that they have said they will sent it?

Reply letter 1 - CCA

Thank you for your letter dated 16 December 2014, together with your postal order for £1.00, which we are returning to you with this letter.

As the county court claim has now been issued, you will need to respond using the response pack sent to you by the court. You may make a request for documents using the response pack.

Nowwithstanding the above, we have already reqeusted the documents you require from our client and uponn receipt we will forward you the same.

If you fail to respond to the county court claim in the correct way by the 5 Janaury 2015, we will request judgement in default.

Reply letter 2 - CPR

Thank you for your letter dated 16 December 2014, together with your postal order for £1.00, which we are returning to you with this letter. A part 31 request does not require a payment for £1.00

As the county court claim has now been issued, you will need to respond using the response pack sent to you by the court. You may make a request for documents using the response pack.

Nowwithstanding the above, we have already reqeusted the documents you require from our client and uponn receipt we will forward you the same.

If you fail to respond to the county court claim in the correct way by the 5 Janaury 2015, we will request judgement in default.

Any guidance on what i should do next or if i need to be doing any preparation would be great.

Thanks for your help

Jim

**spirit2534** · 29th December 2014, 22:26:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

The use of the response pack seems to be a standard "Wright Hassall" reply.

You are entiled to request that Cabot answer a CCA request, irrespective of the response pack.

Equally Wright Hassell have to respond to CPR requests regarding any documents mentioned on the POC (Particulars of Claim)

In both cases the standard reply is that we have asked the original creditor for the information.

This does not satisfy the legal requirements, so provides a basic defence.

The CCA should be provided in 14 days; the CPR in 7 days.

One wonders how a competent legal firm can file papers based on documents that they don't have.

The answer is simple: people don't respond- so they go for default judgements.

Wright Hassell threaten this without checking to see if an AOS has been entered.

**Jimmib78** · 30th December 2014, 21:48:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Thanks for replying

Does this mean that if they do not provide the information in the required time limits that i can just include that information in my defence or is there specific wording i should use? or would i need to request an extension to submitting my defence until the time limits have lapsed and then use that in my defence? I'm concerned as the latest date i can send over defence is the 5th January.

I hope that makes sense i'm sorry but i'm still trying to get my head around the whole process. I really appreciate any help you can give.

Thanks

**FlamingParrot** · 31st December 2014, 15:14:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Originally posted by Jimmib78 View Post

Does this mean that if they do not provide the information in the required time limits that i can just include that information in my defence or is there specific wording i should use? or would i need to request an extension to submitting my defence until the time limits have lapsed and then use that in my defence? I'm concerned as the latest date i can send over defence is the 5th January.

I'd try to get them to agree to an extension if you are able to contact them, the problem is that it's New Year's Eve today and they may not be back in the office till Monday. If you manage to get through to them on Friday, get them to send you an email agreeing to a 28 day extension as allowed under CPR 15.5. Otherwise you should submit a defence to stop them from requesting default judgment. :scared:

**Jimmib78** · 31st December 2014, 16:46:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Thank you, it is getting a little scary now with the timescales i have. This is what my current plans are to cover the the various scenarios, i hope this is right! I've also attached the draft copy of my defence with a few questions i have on what i should include.

I understand i need something in writing for an extension so i'll call on Friday and request one from Cabot by email and writing (recorded delivery but it wont get there til the 3rd so very unlikely i'd get somethingback in time. Is an extension something they easily agree to or is it a case of they have if they cannot provide the documents?

If i get any response back in time i'll then send over as part of my defence using the example guidance i have seen on the other thread.

If i hear nothing back at all im still going to have to put in my defence which i'm working on now but there is a section in this which would need amending and could do with some help on this. Its point 12 on my defence.

Attached Files

Draft Defence.doc (16.5 KB, 1 view)

**spirit2534** · 31st December 2014, 17:58:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

It seems that Right Hassell's standard response is to use the "use the Response Pack" rather than CRP or CCA requests.

What they are actually looking for is a "failure to respond" so they can go for a default judgement.

No need for legal nicities.

**Jimmib78** · 31st December 2014, 18:15:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

I'm trying hard not to get too confused :tinysmile_grin_t:

So would you recommend that i call to ask for an extension or just file the defence on the fact that they have not provided the documents using the draft on my last post?

**FlamingParrot** · 31st December 2014, 19:18:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Originally posted by Jimmib78 View Post

Thank you, it is getting a little scary now with the timescales i have. This is what my current plans are to cover the the various scenarios, i hope this is right! I've also attached the draft copy of my defence with a few questions i have on what i should include.

I understand i need something in writing for an extension so i'll call on Friday and request one from Cabot by email and writing (recorded delivery but it wont get there til the 3rd so very unlikely i'd get somethingback in time.

You should contact Wright Hassall who are acting for Cabot rather than Cabot themselves. You can ask them to send you an email, that should be enough for you to forward to the court, no need to wait for the post. :typing:

Originally posted by Jimmib78 View Post

Is an extension something they easily agree to or is it a case of they have if they cannot provide the documents?

Some are more agreeable than others. They are not legally obliged to agree, however, you can explain that you are a litigant in person without legal representation and will require more time to prepare your defence, especially in view of the fact you haven't got the documents they should have had at hand before they issued the claim.

Originally posted by Jimmib78 View Post

If i get any response back in time i'll then send over as part of my defence using the example guidance i have seen on the other thread.

If i hear nothing back at all im still going to have to put in my defence which i'm working on now but there is a section in this which would need amending and could do with some help on this. Its point 12 on my defence.

Yes, you should, to avoid default judgment.

**FlamingParrot** · 31st December 2014, 19:19:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Originally posted by Jimmib78 View Post

I'm trying hard not to get too confused :tinysmile_grin_t:

So would you recommend that i call to ask for an extension or just file the defence on the fact that they have not provided the documents using the draft on my last post?

I'd say it doesn't hurt to try and get an extension in the first instance, giving you a further 28 days to file your defence. Failing that, you'd resort to PlanB which is filing your defence. :thumb:

**nemesis45** · 1st January 2015, 08:45:AM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

I agree grab a 28 day extension it's worth a try!!

**Jimmib78** · 2nd January 2015, 11:56:AM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Thanks for the advice everyone and Happy New Year.

Ok so i've tried to call Wright Hassall this morning on both the number for the litigation team and the general number on their website. The general number goes to a recorded message saying that they will be open at 8:30am Monday 29th December! the other litigation number also says the office is closed and to leave a voice message.

Is it best to just leave the voice message and follow up with an email? I cant see anything else i can do at the moment.

**Jimmib78** · 2nd January 2015, 12:38:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Just a quick update i've done the above and sent the email details below.

_{Your Ref:}
_{County court claim number:}

_{I have tried calling your offices on 2 January 2015. This is following up a voice mail I left for the litigation team on 01926 758018. The voice mail advises that your offices are closed. I have also tried calling on 01926 886688 which has a recorded message advising that your offices will be open from 08:30 Monday 29 December 2014}

_{Due to the fact that I have not yet received the information back from the formal request I made on 16 December 2014 for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974 and any other documents mentioned in a statement of case under CPR 31.14,}
_{I am requesting a 28 day extension as allowed under CPR 15.5 which states.}
_{Agreement extending the period for filing a defence}
_15.5
_{(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.}
_{(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.}
_{Due to the very tight time-scales please can you reply to this email address with confirmation that you agree to extend the 5^th January 2015 date by 28 days so I may submit this to the courts and prepare my defence.}

_{Many thanks}

I hope this makes sense and i'm not babbling too much.

**nemesis45** · 2nd January 2015, 16:50:PM

Re: Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-201

Just the e-mail would be best.

Court Claim - Cabot Financial UK LTD / Goldfish Bank LTD Credit Card - 10-12-2014