Sending CCA request to Cabot but dont have account number & CPR Particulars clarity

[Emerald16]

Hi All

I have been self teaching over the past few days and have taken necessary steps to respond to a CCJ received by Cabot/Mortimer solicitors, (i.e. acknowledged service etc)
However I have three questions that I need some help with:
1) when I acknowledge service, in the signed section at the end of form I typed "A}J" which isn't my signature at all (my first initial is A though) I tried to delete it but my computer battery died. When I logged back on the acknowledgement had been sent and there was no way of me retracting it and amending it. Do you think this will be a major issue? should I fill in my paper copy and send it in as well?

2) I have drafted my CCA however do not have any details of account numbers etc. (im presuming this is the account number Cabot would hold) would/could I put the claim number or reference number under Mortimer Market details from the claim form or just leave it blank.

3) In terms of particulars of the claim on the CPR request - unclear as to what I should be requesting - definitely know I should be asking for copy of agreement, however is there anything else (I have typed particulars below)

" By an agreement with BRITISH CREDIT TRUST & the Defendant on or around 15/03/2008 (the agreement) BRITISH CREDIT TRUST agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £12334.51

Lastly, I am sorry this is more than 3 questions. the number of days i.e 33 days to defend from date on claim form does this include weekends? if yes then why when you send a CCA request the 12+2 days excludes weekends - how is that right? (or am I wrong)

I really would appreciate you help with this one.


Thanks

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi can someone please help

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi can someone please help

Just reading your post now.

nem

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi welcome to LB,
Your questions:-
1.Yes complete and return paper copy signed properly, keep a copy for your records.

2. Just state you require a copy of the agreement relevant to the alleged debt which
is the subject of Claim No.xxxxxxxxxxxxxxxxxxxxx. CCA Request to The Claimant £1 statutory fee payable use a Postal Order endorsed " For Statutory Fee Only"

3.CPR 31.14 request for documents mentioned in the particulars of claim Only.
i.e. The Agreement, Notice of Assignment, Termination Notice. To the solicitors 7 days to comply.
4. Defence time scale is Calendar Days. CCA Request 12 + 2 Working Days.

To go further we need a full history of this debt.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Thank you so much for your response, really appreciated
I have drafted the letters and will be posting them in the morning recorded, I think im probably going to have to send them next day by the looks of it as my 33 days will be up 18th November (which leaves 9 working days for a response on the CCA, CPA) am worried that I wont hear from Cabot in time to be able to be clear in as to what I should put in my defence - but guess I should just take things one step at a time.
Would I have a leg to stand on given that I am only requesting CCA and CPR now roughly 20 days in?

I really would like some pointers to be able to go forward - I will type up the history now and post it shortly
Thanks once again

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Back in 2008 got a hire purchase car with British Credit Trust (vehicle was roughly £10,000, BCT finance totalled to £22,000) monthly payments were okay for a while until parent fell ill and I had to give up work, and found myself struggling with monthly payments. Had a number of missed payments and I just remember playing catch up. End of 2009 received a Notice of Termination however was still making payments and in communication with BCT. agreements were made for me to pay and retain the vehicle as long as I kept up with payments, By April 2010 received Default Notice after which decided to hand back the vehicle. At this point I had paid £6500 and then the monies from the sale of vehicle was added to my account.
Was in communications with BCT between 2010 - 2012 agreements made to pay £5 PM as that's all I could afford, there were occasions of missed payments etc.
2012 received annual statement and was still in difficulty.
2013 agreement re-set up in August (a new payment plan) for £5 by standing order (BCT sent me 2 letters 1. Notice of balance outstanding with the "you have 14 days to pay etc" for £11000 and a separate letter confirming our recent conversation regarding a temporary payment plan, the agreement of it and a schedule of payment dated from 2013 - 2147 for £5 per month, BUT the letter starts with "we refer to recent communication regarding arrears of £7,845.51 on your agreement with BCT" - I am assuming this is the outstanding amount they were referring to. in addition both letters are dated the same.
Nonetheless £5 agreement was set up since and I have been paying through my account by SO.
The last communication I recall with BCT was in the end of 2013 and as far as I understood the agreement was still in place and I had to stick to my temporary payments.

On calling Cabot a few weeks ago it turns out that my account was sold to Cabot, when contacted they informed me that BCT has not handled my account since 2010, but they wouldn't tell me the date in which the account was sold to them.
They have supposedly sent letters to my address which I have not seen, information about my account being sold is news to me.

Received a CCJ claim last month and am now in the midst of dealing with it.......so not so happy days at present.
Would really appreciate your thoughts on this.
Thanks Emer

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Back in 2008 got a hire purchase car with British Credit Trust (vehicle was roughly £10,000, BCT finance totalled to £22,000) monthly payments were okay for a while until parent fell ill and I had to give up work, and found myself struggling with monthly payments. Had a number of missed payments and I just remember playing catch up. End of 2009 received a Notice of Termination however was still making payments and in communication with BCT. agreements were made for me to pay and retain the vehicle as long as I kept up with payments, By April 2010 received Default Notice after which decided to hand back the vehicle. At this point I had paid £6500 and then the monies from the sale of vehicle was added to my account.
Was in communications with BCT between 2010 - 2012 agreements made to pay £5 PM as that's all I could afford, there were occasions of missed payments etc.
2012 received annual statement and was still in difficulty.
2013 agreement re-set up in August (a new payment plan) for £5 by standing order (BCT sent me 2 letters 1. Notice of balance outstanding with the "you have 14 days to pay etc" for £11000 and a separate letter confirming our recent conversation regarding a temporary payment plan, the agreement of it and a schedule of payment dated from 2013 - 2147 for £5 per month, BUT the letter starts with "we refer to recent communication regarding arrears of £7,845.51 on your agreement with BCT" - I am assuming this is the outstanding amount they were referring to. in addition both letters are dated the same.
Nonetheless £5 agreement was set up since and I have been paying through my account by SO.
The last communication I recall with BCT was in the end of 2013 and as far as I understood the agreement was still in place and I had to stick to my temporary payments.

On calling Cabot a few weeks ago it turns out that my account was sold to Cabot, when contacted they informed me that BCT has not handled my account since 2010, but they wouldn't tell me the date in which the account was sold to them.
They have supposedly sent letters to my address which I have not seen, information about my account being sold is news to me.

Received a CCJ claim last month and am now in the midst of dealing with it.......so not so happy days at present.
Would really appreciate your thoughts on this.
Thanks Emer

Good morning Emer,

Are you sure the dates are right a default notice would issued prior to termination?

When did payments cease exactly?

The Notice of Assignment ( telling you the debt had been sold) could have come from BCT and / or Cabot.

The two " request" letters CCA and 31.14 are vital here this claim will not be allocated to the small claims track as it's over £10K.

Get the requests sen as you suggest by " next day " post check delivery date/time.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Morning nemesis45

Thank you for your response.
As far as I can see from my paperwork the dates are correct. I've just seen another default notice for January 2009 also...question: do they often issue defaults when payments are missed? If so then it's possible they could have sent one before and I've misplaced it when I moved home.

Payments ceased in March 2010 - I m afraid I don't have the exact date but will check my B account. To see if I can track that down.

I'd not received a notice of assignment.

When you say it won't go to a small claims court. Does that mean the process will be different here. I'm really worried now as I'm definitely running out of time.

Is it at all possible that I can request for more time in my CPR Request under CPR.15 (28days)?

Thanks again

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Another question, when my account defaulted wouldn't that have shown on my credit reports? I mean I know it was some time ago but I would have thought it would have been recorded. As far as I can see there's no reference to the debt on any of the reports, but then could this be due to the the fact it was back in 2010? How far back do credit reports data go (6years)?

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Ok I can see I think where confusion has occurred, a Default Notice is just a notice of what May Happen if it not complied with it is Not a default being placed on the account and recorded on credit reference files with a payment plan in place I suspect no default was actually placed.

When a payment arrangement breaks down another DN is issued giving you 14 days to remedy the account.
CPR 31.14 is used to request the documents mentioned in the POC and has a 7 day timescale this is what
you need to send to the solicitors asap.
Debts over £10K are usually allocated to the more " formal" fast track for trial.
You can phone the sols and ask for 14 DAYS Extension to allow you to form your defence
if they agree then You Must Immediately Inform the Court in writing or e-mail that the extension
has been agreed.

CRA records:- All defaulted accounts are removed from the credit files on the 6th anniversary of the
default date paid or not, this does not mean the debt is statute barred.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi nemesis45

Firstly thank you so much for your advice. I've unfortunately been unwell since last week, laptop gave up on me over the weekend so I've been really up against things hence the no reply to your thread.
As an update I sent the letters CCA and CPR and they were signed for and received on the Friday 6th.
I called the solicitors today who agreed an extension of 14 days in order for me to prepare my defence. I'm going to notify the court by email later today and the solicitors asked me for a date? Which I didn't have off the top of my head so they asked for me to send a copy of the letter i send to the court to them - is this usual practice?

Over the weekend I plan to prepare a template of My defence But I guess it's likely so aspects of it will change once I hear back from the parties involved.
At least I will be able to familiarise myself with the contents of a defence.

In terms of the default notice I don't have one as far as I'm aware. Should this have been served before the sale of my debt?

I'm looking into the fast track formal procedures that you mentioned for claims over 10k as I don't know much about this at all and just want to understand it some more.

Is there anything else I could be looking into to help with my defence of this claim ?
Any advice on this would be great.
Thank again

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi nemesis45

Firstly thank you so much for your advice. I've unfortunately been unwell since last week, laptop gave up on me over the weekend so I've been really up against things hence the no reply to your thread.
As an update I sent the letters CCA and CPR and they were signed for and received on the Friday 6th.
I called the solicitors today who agreed an extension of 14 days in order for me to prepare my defence. I'm going to notify the court by email later today and the solicitors asked me for a date? Which I didn't have off the top of my head so they asked for me to send a copy of the letter i send to the court to them - is this usual practice?

Over the weekend I plan to prepare a template of My defence But I guess it's likely so aspects of it will change once I hear back from the parties involved.
At least I will be able to familiarise myself with the contents of a defence.

In terms of the default notice I don't have one as far as I'm aware. Should this have been served before the sale of my debt?

I'm looking into the fast track formal procedures that you mentioned for claims over 10k as I don't know much about this at all and just want to understand it some more.

Is there anything else I could be looking into to help with my defence of this claim ?
Any advice on this would be great.
Thank again

Hello Emerald,

Sorry to hear you have been unwell! Better now I hope?
Yes copy the letter to them it's for your safety to.
For your defence take a look around the forum for some
threads with defences posted on them it will give you a
guide to format & wording, you can always post a draft
here and we can go through it with you.

A DN is issued prior to selling a debt.
If mentioned in the POC it should be requested with CPR31.14.
Review all/any documents you hold on the account in preparation.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi nemesis

Yes I am recovering well thanks,
I will definitely take a look around the forum to help with putting together my defence.
I don't have a DN and it appears none was issued unfortunately It wasn't mentioned in the POC so I was unable to request for it.

I found it quite odd that I received letters from both the solicitors and Cabot the day after calling.
In terms of the extension from the solicitors - they agreed to 14 days, however their letter from states " we confirm our client is willing to agree to the extension of 28 days, for you to file your defence" slightly confused as I thought it was 14 days, also can you confirm whether the 14 days is from the day in which my acknowledgment would have been up?
They have also asked me to confirm what documents I have in my possession or control relating to the matter to avoid duplication over document inspection. after which they will take their clients instructions. Is this the usual procedure, just wondering whether to respond or wait?

Cabot's letter stated that they do not currently have the information on file and have requested the relevant details, they acknowledge the time limit to provide the information before the account becomes unenforceable however as they have to request the details for the Original lender they anticipate that they will be able to provide this within 40 days.
I am going to look around the forum to see if I come across any similar situations, but any advice, thoughts would be much appreciated.

[nemesis45]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Good morning Emerald,

Are you making any progress with this, anything I can help with.

nem

[Emerald16]

Re: Sending CCA request to Cabot but dont have account number & CPR Particulars clari

Hi Nemesis
Really sorry for not getting back to you, I've Been really out of it, all that could be going wrong in the last month has been (had a loss in the family on the same day of my last post) so everything has just been up in the air for me.
I'd started developing my defence previously hadn't got quite far, but do aim to work on it tomorrow and post for any comments if possible
Do have a question as still unclear when you request a cpr extension is it 14 or 28 days?

I haven't contacted Mortimer since they'd sent me a letter confirming extension and requesting I notify them of the documents I already have in my possession - Is this usual behaviour from them? I'm just wondering whether I should have contacted them!

- - - Updated - - -

Nemesis

Just checked justice.gov.uk and seen that the extension is 28 days so not to worry regarding that question. Thanks