Cabot Financial (UK) Limited V. GarlickFiend

[GarlickFiend]

Re: Cabot Financial (UK) Limited V. GarlickFiend

FYI, This is a copy of what I sent to Restons:

5th May 2015

Restons Solicitors Limited
Trinity Chambers
800 Mandarin Court
WA1 1GG

Dear Sirs,

Claim Number: ********

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

On 10/04/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my
intention to defend in full.

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 11th May 2015.

PARTICULARS: a/c no ********

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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

GarlickFiend

[nemesis45]

Re: Cabot Financial (UK) Limited V. GarlickFiend

That's fine!!

CCA request gone to Cabot??

nem

[GarlickFiend]

Re: Cabot Financial (UK) Limited V. GarlickFiend

Hi Nem,

Sorry, I think I've posted stuff in the wrong order for it to make sense! I sent CPR to Restons and I sent the CCA to Cabot. (Nothing back from Cabot yet) Restons wouldn't accept the CPR without a signature, so after re-sending the letter to Restons (the second time, with signature on anti-tamper), this was the reply I received, Dates May 7th. I have to file my defence this afternoon:


Dear Sir

Re: Cabot Financial (UK) Limited . Yourself
Account Number ********


We acknowledge receipt of your recent request made pursuant to CPR 31.14.

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 inssert brief details of the Claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically 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 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 contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

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

a) the date the account was opened;
b) the account number;
c) the outstanding balance;
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.

Yours faithfully,


***********, Litigation Executive
pp Restons Solicitors Limited

I have to file on Monday afternoon, and this reads like they're stalling and hoping to baffle me with lawyerspeak.

What do I need to put in my defence?

Cheers, GF

[Kati]

Re: Cabot Financial (UK) Limited V. GarlickFiend

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] ... can either of you pop on here please?? GF's defense is due!

[Amethyst]

Re: Cabot Financial (UK) Limited V. GarlickFiend

Hi, Sorry Garlick we've had a hell of a day fighting a DDOS attack on our server so sites been down a lot.

This should give you a good start for your defence - http://www.legalbeagles.info/forums/...t-Court-Claims

They must give you the credit agreement to obtain judgment - so as long as you have requested it you should be okay with that defence as a basis

xx

[nemesis45]

Re: Cabot Financial (UK) Limited V. GarlickFiend

@Amethyst @nemesis45 ... can either of you pop on here please?? GF's defense is due!

Sorry been in meetings all day!
nem

[nemesis45]

Re: Cabot Financial (UK) Limited V. GarlickFiend

HI GF,
Responding to PM.

The usual " Bowlocks " from Reston, but as Ame says as long as they cannot fulfil the CCA request they cannot enforce anyway.

[GarlickFiend]

Re: Cabot Financial (UK) Limited V. GarlickFiend

Thanks guys, much appreciated! I will enter my defence and hope it is accepted. I will update when I hear.

Again, thanks a bunch, I really couldn't have got this far without this site, and your advice.

Cheers,

GarlickFiend