Hello - Claim Form received from Northampton CC Business Centre

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi all,

I hope that everyone had a wonderful Christmas day with family and loved ones.

I just want to confirm that I have not received a response from the Solicitors re: CPR 31.14 request.

Do I chase up tomorrow?
What content should I include in my letter?

Thanks in advance.

Regards,
HS02.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi Nem,

As a reminder to my situation, the Defence deadline is Tuesday 12th January 2016. Please see summary:

Summary
-------------
Claim form dated Fri 11th Dec.
Received on Tuesday 15th Dec. [date of service]
Acknowledgement online was made on Wednesday 16th Dec.
Today is now 14 days later i.e Tuesday 29th Dec.

Claimant
------------
CCA request dated Fri 18th Dec, sent on Sat 19th Dec
Delivered from their Delivery office on Tues 22nd Dec
Rec'd and signed by MFS on Tues 22nd Dec

Claimant's Solicitor:
-------------------------
CPR request dated Fri 18th Dec, sent on Sat 19th Dec
Tues 29/12/2015 - Royal Mail online tracking shows that the letter is being progressed through the network for delivery - (still?)

Next Steps:
--------------
Re: the CPR request, do I chase up with the Solicitor?
What content should I include in my reminder letter?

Thanks in advance.

Regards,
HS02.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi Nem,

As a reminder to my situation, the Defence deadline is Tuesday 12th January 2016. Please see summary:

Summary
-------------
Claim form dated Fri 11th Dec.
Received on Tuesday 15th Dec. [date of service]
Acknowledgement online was made on Wednesday 16th Dec.
Today is now 14 days later i.e Tuesday 29th Dec.

Claimant
------------
CCA request dated Fri 18th Dec, sent on Sat 19th Dec
Delivered from their Delivery office on Tues 22nd Dec
Rec'd and signed by MFS on Tues 22nd Dec

Claimant's Solicitor:
-------------------------
CPR request dated Fri 18th Dec, sent on Sat 19th Dec
Tues 29/12/2015 - Royal Mail online tracking shows that the letter is being progressed through the network for delivery - (still?)

Next Steps:
--------------
Re: the CPR request, do I chase up with the Solicitor?
What content should I include in my reminder letter?

Thanks in advance.

Regards,
HS02.

just remind the sols that they have not replied to the CPR request is all that is needed.

You should expect it to be denied on the ground that the claim will allocated to the small
claims track. (std. get out letter).
Don't chase CCA request.

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hello Nem,

A Reminder (duplicate) letter to the sols was second-dated and sent on Tues 29th Dec.
It was delivered from their local post office on Weds 30/12/15.

To date, no response has been received from them about the CPR request and/or the c/claim.

Also, I called the CCBC and enquired about the deadline date to submit my defence.

They said from their calculations, it is Weds 13th Jan 2016. Is that correct?
I may have got it wrong, but I thought it was Tues 12th.

Is it always best to submit online a day before or on the actual due day?

Regards,
HS02

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Today I received a single page letter from the claimant dated 5th Jan 2016 (sent by normal post), in response to my CCA request.
I have typed out the content below:

++++++++++++++

Date

Address

Our Reference: xxxxxxxx

Dear ...............................

Outstanding Balance £9,xxx.xx
Creditor: Cabot
Original Creditor: named bank
Original Reference: number given

We refer to the above matter and in particular your recent request for information on the above account.

We confirm that we do not hold all your information on file, therefore we have requested a Statement of Account and a copy of the Agreement with the accompanying Terms & Conditions from the original creditor and will forward to you upon receipt.

The account is on hold whilst we await this information.

If you wish to discuss the matter further with one if our Customer Consultants, please call telephone number ---- --- ----. Our office opening hours are 8am-8pm Monday to Friday and Saturday 9am-1.00pm.


Yours sincerely,

[ no signature on the letter ]

Cabot (Marlin)

++++++++++++++

Questions:

1. They didn't mention or make any reference at all to the court claim, even though I mentioned it at the start of my request.
2. What do I do now?
3. What do I put in my online defence to the court? ~ It is due early next week.

Thanks very much in advance.

[EXC]

Re: Hello - Claim Form received from Northampton CC Business Centre

I'll give [MENTION=55034]nemesis45[/MENTION] a shout.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Thank you, EXC

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Today I received a single page letter from the claimant dated 5th Jan 2016 (sent by normal post), in response to my CCA request.
I have typed out the content below:

++++++++++++++

Date

Address

Our Reference: xxxxxxxx

Dear ...............................

Outstanding Balance £9,xxx.xx
Creditor: Cabot
Original Creditor: named bank
Original Reference: number given

We refer to the above matter and in particular your recent request for information on the above account.

We confirm that we do not hold all your information on file, therefore we have requested a Statement of Account and a copy of the Agreement with the accompanying Terms & Conditions from the original creditor and will forward to you upon receipt.

The account is on hold whilst we await this information.

If you wish to discuss the matter further with one if our Customer Consultants, please call telephone number ---- --- ----. Our office opening hours are 8am-8pm Monday to Friday and Saturday 9am-1.00pm.


Yours sincerely,

[ no signature on the letter ]

Cabot (Marlin)

++++++++++++++

Questions:

1. They didn't mention or make any reference at all to the court claim, even though I mentioned it at the start of my request.
2. What do I do now?
3. What do I put in my online defence to the court? ~ It is due early next week.

Thanks very much in advance.

Hi, Happy New Year!

It's a standard template letter.

Cabots " on hold" does not affect the court process it is not an extension of time
to file a defence.

You need to follow all the normal steps as if that letter never came.

Failure to comply with the CCA request renders the debt unenforceable Until the agreement is supplied,
don't chase that.

Defence will lead at the moment on non compliance.
Take a look at some defences on other threads and get an idea of content and format, make
a rough draft and post it here then we can go through it with you.

nem

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

I'll give @nemesis45 a shout.

Replied [MENTION=332]EXC[/MENTION] thank you!

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi there Nem,

Happy New Year to you too!

Okay. I'll draft a response and post it here first.

Thank you very much.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi there Nem,

Happy New Year to you too!

Okay. I'll draft a response and post it here first.

Thank you very much.

Happy to help!!

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Good Morning Nem,

Here is my draft response.

--

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2) The defendant has no recollection of the account details or the amount referred to in this claim. Until such time the claimant can disclose the necessary documents that this claim relies upon the claimants claim is denied.

3) The defendant is not aware of any contract of any alleged debt nor have any recollection of any Notice of Assignment pursuant to the Law of Property Act 1925.

4) On receipt of the claim the defendant requested copies of any documents or information that would support the claim. The request was made on xx xxxx xxxx and xx xxxx xxxx recorded delivery references xxxx and xxxx by CPR 31.14 and on xx xxxx xxxx recorded delivery reference xxxx under section 78 Consumer Credit Act 1974. The Claimant has failed to provide any evidence of assignment and balance.

5) The Claimant has failed to provide any evidence of assignment and balance. Failure to comply with the CCA request renders the debt unenforceable.

6) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7) Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement or contract; and
(b) show what finance and / or services and / or goods they refer to;
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

8) As per Civil Procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

9) By reason of the facts and matters above it is denied that the claimant is entitled to the fee and costs claimed or any relief at all.

+++++++++++

Questions:

1. Is there anything that I have omitted that should be included?
2. Is there a minimum number of words/characters that the MCOL allows for defence content?
3. If so, then what is the most important part to leave in?

Thanks very much.
HS02

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Looks good!
There is a limit but I can't recall what it is, MCOL is so unreliable, signed for post
has proved much better.

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi nemesis,

Via postage tracker, I see that my defence was received/signed for at CCBC today.
Is there anything else I should do now or is it a matter of waiting and note the response from the claimant?

rgds,
HS02

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=55034]nemesis45[/MENTION]

I hope that you are keeping well?

I just wanted to update you of my situation in this matter.

On Fri 15th Jan 2016 I received a letter from the Court dated 12th Jan 2016, with the following information:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved
informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of
what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of
your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then
take will be to apply to a judge for an order lifting the stay."

--

Today, I received a response from the Sols.

From the giste of it - as part of their claimant's response and so called evidence to my defence, it looks like they want me to provide information that they intend to use against me, for their own gain.

I will share the content of their response in my next post.

Rgds,
HS02.