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

[Kali]

Hello. I've decided to ask for help. I read so many threads and what I needed is not there, or I might have missed something.
I have received a Court Claim letter from Northampton Business Centre, and followed all the steps on this site, ( I also checked others to confirm it was right). But I received the response from the solicitors about the CPR31.14 and I'm lost now.
I have the details of this letter and the claim scanned and read to post to you, if you'd like, I found it easier than to ping pong e-mails.
Basically they are refusing my request for the contract with Capital One. And I did not see a template for my answer anywhere here.

If anyone could clarify this for me, would be great.

I apologize if this subject have been covered before.

Thank you very much.
Kali

[Nibbler]

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

Refused on what grounds?

[nemesis45]

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

I take it you have received the "the claim is likely to be allocated to the small claims track" nonsense template letter???

nem

[Nibbler]

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

Quite probable given who Cabot often use. Is a letter to refute that in Library etc somewhere.

[nemesis45]

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

Quite probable given who Cabot often use. Is a letter to refute that in Library etc somewhere.

Yes I believe there is.

nem

[Kati]

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

Quite probable given who Cabot often use. Is a letter to refute that in Library etc somewhere.

Yes I believe there is.

nem

http://www.legalbeagles.info/forums/...sclosed-in-SOC :tinysmile_twink_t2:
Post #2

You may receive a response from the claimants disputing your rights to request these documents, usually because your claim would likely be allocated to the small claims track (where, once allocated, CPR 31.14 would not apply)

You can respond to this letter reminding the claimant the claim has not yet been allocated to any track;

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

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

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require 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 unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

[FlamingParrot]

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

Hello. I've decided to ask for help. I read so many threads and what I needed is not there, or I might have missed something.
I have received a Court Claim letter from Northampton Business Centre, and followed all the steps on this site, ( I also checked others to confirm it was right). But I received the response from the solicitors about the CPR31.14 and I'm lost now.
I have the details of this letter and the claim scanned and read to post to you, if you'd like, I found it easier than to ping pong e-mails.
Basically they are refusing my request for the contract with Capital One. And I did not see a template for my answer anywhere here.

It would certainly be useful if you could post them up (remover personal details first) and give us a few more details about your CrapOne card. :typing: Any idea when you took it out and when you last made a payment?

[Kali]

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

Hi. Thank you all for the answers.

I have never made any payment on this credit card. I don't even remember applying for Capital One.

Please find attached the copies of claim and response.

[Kali]

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

Here is the particular of the form I responded with your template CPR to solicitors:

[Nibbler]

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

They may see no reason why you want copies, but if mentioned in the claim you are entitled to copies under 31.14. So tough on them.

In this case copy of original contract they are making the claim under at least.

[Amethyst]

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

I have never made any payment on this credit card. I don't even remember applying for Capital One.

If you are certain you have never had a Capital One card your defence needs to state that clearly. I'd also include that in any further letters to the claimant.

Have you checked your bank statements from that period ( 09 -11 ) to see if there were ever any payments ? Have you also checked your credit file to see if this is reported on there ? ( Noddle is probably fastest and free )

[Kali]

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

Oh no! I really didn't remember anything from Crap One, but yes, I have 1 payment done on the 16th July 2009. And that's it. I have check credit files and there an Cabot financial debt, not capital one...

[Nibbler]

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

So can at least supplying a copy of any agreement under 31.14 be enforced?

[Amethyst]

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.

[Nibbler]

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

Yes you can try and enforce the 31.14 however it's an application and £155 fee,[

That would explain why I don't recall people going that way much. :tinysmile_hmm_t2: