Cabot Financial. Court Claim Response from Solicitor to CPR31.14

[Kali]

Re: Cabot Financial. Court Claim Response from Solicitor to CPR31.14

Ok so sounds like you did have it and just forgot. That's fine, we all do it. Cabot will just have taken over as creditor on your credit file.

Yes you can try and enforce the 31.14 however it's an application and £155 fee, so I would rather defend on the basis of no documentation under s.78 consumer credit act and get the court to order compliance that way.

But if you have time before your defence is due in ??(when is that??) then yes respond to Cabot as per Kati's post #6.

I'm sorry. I don't understand what I can do yet...I'm felling a bit stupid at the moment They are refusing the documents so I can defend based on that? Or should I insist to Cabot...or solicitors?

I've been looking through the claim, etc. And I'm not sure when the defence is due in. I checked Claim online on the 5th March. The claim is from the 2th of March. I reply asking for the original contract to Cabot on 5/03/15(no answer yet) and CPR31.14 to solicitors. I thought I had to wait for their replies before I do anything.

[Kali]

Re: Cabot Financial. Court Claim Response from Solicitor to CPR31.14

Hi again. I just found your template for a defence without the contract. I understand a bit more now , I know I still have some time to answer it. 28 working days from 9/03/2015, if I'm not mistaken, from reading the Money Online site...but how long should I wait fro Cabot to answer? Or would they? As their solicitors did, and refused the contract? Thank you again! I appreciate all your help. :tinysmile_grin_t:

[nemesis45]

Re: Cabot Financial. Court Claim Response from Solicitor to CPR31.14

You will get a reply re the CPR 31.14 request which will most likely state that they are not going to comply as the claim is likely to be allocated to the " small claims " track, as Amethyst has said you can attempt to enforce the request but it's expensive and may well fail.
Any documents that Cabot intend to rely on in court will have to produced prior to the hearing anyway.
The CCA request if not complied with means the debt is unenforceable until the agreement is forthcoming.

nem

[Kali]

Re: Cabot Financial. Court Claim Response from Solicitor to CPR31.14

Hello again.
Finally I received a reply to my CCA request from Cabot.
They don't have the documents but they asked the original lender. They mention it can take up to 40 days. Is it working days? What must I do next?

[nemesis45]

Re: Cabot Financial. Court Claim Response from Solicitor to CPR31.14

The very predictable response, does Cabot inform you that if it does not comply within 12 + 2 Working days the debt is unenforceable?
IF NOT write and remind them that they have 12 + 2 Working Days only to comply and if it is the case that they do not have the documents on which they base their claim they should withdraw the claim forthwith.

nem