Cabot vs Ssrhstan

[Ssrhstan]

Re: Cabot vs Ssrhstan

Just got back from work to find the attached from Restons. I need to file my defence by 14th November and the basis of mt defence was that Restons/Cabot cannot supply the paperwork, a draft version is in the post above, however the letter from Restons seems to state that they do not need to supply the paperwork in order to pursue the claim, I am really worried again in case I've missed something. Any advice would be gratefully received.
S

[Quible]

Re: Cabot vs Ssrhstan

Re:Your Defence
7. It is denied that Lloyds Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 19^th October 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors I requested the Claimant provide copies of the Contract between myself and Lloyds Bank – Credit Card, The Default Notice and The notice of assignment.
S

Re:Your Defence points
7. I'm not sure if this is relevant as its not mentioned in the Particulars of case.

8. The letter you received from Restons says that the other document you requested (notice of assignment) is not "mentioned" in the POC.

Anyone care to comment

[Ssrhstan]

Re: Cabot vs Ssrhstan

I'm no expert but I'm not sure if this is relevant as its not mentioned in the Particulars of case.
Anyone care to comment

The default notice wasn't mentioned on the claim form, so I think I should take this out. The claim form notes that the debt was assigned to Cabot on 28 Feb 2014, so I assume Lloyds should have sent an assignment notice, so should I keep this in?

[Amethyst]

Re: Cabot vs Ssrhstan

In the defence ? no leave in the default notice if you asked them for a copy. It is fine even though it's not strictly under CPR 31.14 it would only matter if you were making an application to enforce your CPR 31.14 request. You asked for all the documentation and they haven't provided you with anything.

[Ssrhstan]

Re: Cabot vs Ssrhstan

In the defence ? no leave in the default notice if you asked them for a copy. It is fine even though it's not strictly under CPR 31.14 it would only matter if you were making an application to enforce your CPR 31.14 request. You asked for all the documentation and they haven't provided you with anything.

Thanks for the quick response, I will check the CPR request that I sent to Restons, to be sure, if I didn't ask I will omit it from the defence. Shall I ignore the letter that I've received from Restons today, which seems to be saying that they don't have to provide any documentation?

[Quible]

Re: Cabot vs Ssrhstan

[MENTION=6]Amethyst[/MENTION]

Is point 7 in the defence statement relevant as there is no mention of a default notice in the POC?

Thanks

[nemesis45]

Re: Cabot vs Ssrhstan

@Amethyst

Is point 7 in the defence statement relevant as there is no mention of a default notice in the POC?

Thanks

See Amethyst's Post#19

nem

[Quible]

Re: Cabot vs Ssrhstan

[MENTION=42011]Nem[/MENTION] [MENTION=6]Amethyst[/MENTION]

Hi nem

I think amethyst was referring to point 8 CPR request in the defence statement.
The defendant had requested the contract and assignment.

So my question remains is point 7 in the defence statement relevant as there is no mention of a default notice in the POC?

Thanks


7. It is denied that Lloyds Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

[Amethyst]

Re: Cabot vs Ssrhstan

DEFINITELY leave that in. That has nothing to do with their POC or your CPR request - simply a default notice must be provided for them to have a cause of action - or their claim fails.

( and yes I was talking about point 8 before )

[Ssrhstan]

Re: Cabot vs Ssrhstan

Thanks so much for everyone's replies, it really helps with the stress and worry to have all this help. So tomorrow I will file my defence, before I do so, I will amend the document taking out all the 'I's' and 'me's' and replacing with 'the defendant'. Should I make any reference to the letter I received from Restons today? The tone of their letter worries me.
thanks again
s

[Quible]

Re: Cabot vs Ssrhstan

Thanks Ame for the clarification Much appreciated!

[Amethyst]

Re: Cabot vs Ssrhstan

Nooo don't worry about that letter, it's just a standard template xx

[Ssrhstan]

Re: Cabot vs Ssrhstan

Hello
Thanks for all your help/guidance yesterday, the letter from Restons sent me into a tailspin. I filed my defence this morning, but I'm not entirely sure what happens next, do I just wait to see if Restons/Cabot can produce any docs?

S

[Amethyst]

Re: Cabot vs Ssrhstan

Pretty much yes. Just keep this thread updated with anything you hear.

[Ssrhstan]

Re: Cabot vs Ssrhstan

Hello

Well all has been quiet, until today.

After filing my defence back in November I received confirmation of receipt from HM Courts and Tribunals, which explained that the claimant had 28 days to contact the court, otherwise the claim would be stayed.

I have now received the attached letter from Restons, it states they wrote to me in January but I never received anything, if I had I would have posted it here! Attached to the letter is a N9A form, do I need to complete this form? It all seems so official!

Sorry to bother you again, as before your advice is welcomed.

S