cabot/cap one small courts

[myztryman]

got a credit card back in 2002 maybe (18 and dumb) i was paying 100 pound a month interest and was only knocking 10-15 pound of my debt a month so i said screw them ive paid way more than that card is worth and haven't made a payment for nearly a year, is there any help getting these people off my back
I opened this letter late it was dated 22/12/15, i need help with a defence i sent an acknowledgement of service on 4/1/16 and was received 5/1/16 does this mean i have an extra 14 days now? as my last deadline for a defence was 11/1/16 for the courts to receive my defence, I sent a cca request signed for with a 1 pound postal order and that was signed for on the 7/1/16
i really am clueless and need help fighting this, any help with a defence would be great thanks

[nemesis45]

Re: cabot/cap one small courts

Good afternoon, Welcome to LB.

OK, so far so good. Acknowledged with intention to defend.

CCA request to Cabot,

Now: A request under the provisions of Civil Procedure Rule 31.14 (No Fee) this is for the documents mentioned on the statement of claim Only:

Looks like just the Agreement and the Notice of Assignment can be requested here.

There's a template in the forum library for this. A nominal 7 days is allowed for response.
Send by signed for post to Drydens.

For clarity.
Payments ceased around 12 months ago?
What is it you would rely on as a defence to this claim?
I'm afraid that saying " screw it and stop paying " is not
going to do any good.

The only prospect I can see of any defence with a reasonable chance of success is Cabot
not being able to comply with your CCA request.

If Cabot cannot supply the agreement within the 12 + 2 working days statutory time frame
the debt is rendered unenforceable but only UNTIL the agreement or a compliant reconstituted
agreement is provided.

Arguments in regard to the high interest rate will not have merit in a defence.

nem

[myztryman]

Re: cabot/cap one small courts

Now: A request under the provisions of Civil Procedure Rule 31.14 (No Fee) this is for the documents mentioned on the statement of claim Only:


what is this, sorry I am clueless, my defence I think is based that they cant show me a signature as the debt was so long ago but if they do provide it I will ring up and try to settle rather than get a ccj

[nemesis45]

Re: cabot/cap one small courts

Now: A request under the provisions of Civil Procedure Rule 31.14 (No Fee) this is for the documents mentioned on the statement of claim Only:


what is this, sorry I am clueless, my defence I think is based that they cant show me a signature as the debt was so long ago but if they do provide it I will ring up and try to settle rather than get a ccj

It's a request to the solicitors for the documents they intend to rely on in court.

Please do not for your own sake do not attempt to negotiate on the phone.

If the claimant does not have the agreement they cannot enforce the debt in court.
Cabot will try every trick in the book to get money out of you.

nem

- - - Updated - - -

Now: A request under the provisions of Civil Procedure Rule 31.14 (No Fee) this is for the documents mentioned on the statement of claim Only:


what is this, sorry I am clueless, my defence I think is based that they cant show me a signature as the debt was so long ago but if they do provide it I will ring up and try to settle rather than get a ccj

It's a request to the solicitors for the documents they intend to rely on in court.

Please do not for your own sake do not attempt to negotiate on the phone.

If the claimant does not have the agreement they cannot enforce the debt in court.
Cabot will try every trick in the book to get money out of you.

nem

[myztryman]

Re: cabot/cap one small courts

i just thought I'd rather have the cxx and pay back 5 pounds a month with a chance for 6 years the way they've been wording there letters to me

[nemesis45]

Re: cabot/cap one small courts

i just thought I'd rather have the cxx and pay back 5 pounds a month with a chance for 6 years the way they've been wording there letters to me

In that situation you will be hit with a barrage of calls/letters etc., wanting you to pay more, further threats of court action.

nem

[myztryman]

Re: cabot/cap one small courts

so I sent the letter to lawyers today so I guess it is a waiting game until someone replies

[myztryman]

Re: cabot/cap one small courts

In that situation you will be hit with a barrage of calls/letters etc., wanting you to pay more, further threats of court action.

nem

still no reply from cabot and they opened the letter on 5/1/16 how long do I wait?

[nemesis45]

Re: cabot/cap one small courts

so I sent the letter to lawyers today so I guess it is a waiting game until someone replies

The CPR 31.14 request ? has a 7days time scale for response, so you can chase that there's a template in the forum library.

How about the CCA request to Cabot and reply to that yet.

Don't chase the CCA request as failure to comply renders the
debt unenforceable Until the agreement is produced.

nem

[myztryman]

Re: cabot/cap one small courts

The CPR 31.14 request ? has a 7days time scale for response, so you can chase that there's a template in the forum library.

How about the CCA request to Cabot and reply to that yet.

Don't chase the CCA request as failure to comply renders the
debt unenforceable Until the agreement is produced.

nem

i got this reply from dry dens solicitors dated the 19/1/16 yet they received my cpr 31.14 request on the 14/1/16 and have heard nothing from Cabot about cca so what do I do I have 3 days to send an online defence?

i hope the picture uploads, they have asked me to ring should I ring and say you haven't responded to my request?

thanks

[Amethyst]

Re: cabot/cap one small courts

I'd get your defence written up - they seem to be sending that letter to everyone now. http://www.legalbeagles.info/forums/...t-Court-Claims is an starting point.

[nemesis45]

Re: cabot/cap one small courts

Looking at that more carefully it say that they have already applied for judgement, perhaps
a call to the court tomorrow in order to find out exactly what has been done.

nem

[myztryman]

Re: cabot/cap one small courts

Thanks nemesis should I also tell the court they have not complied with my requests?

[nemesis45]

Re: cabot/cap one small courts

Thanks nemesis should I also tell the court they have not complied with my requests?

ly
yes certainly do so the non compliance with the CCA request renders the debt unenforceable until the agreement is produced.

We can draft a letter in answer to theirs as well.

nem

[myztryman]

Re: cabot/cap one small courts

We can draft a letter in answer to theirs as well.

nem

do I have time? Seems they're trying to push this forward as Cabot haven't replied within the time frame and drydens are pretending they didn't receive anything, I think Monday is my deadline as 14 days on top of 11th will be 25th I'll ring court first thing in morning

is is there any draft replies for there letter?

Thanks in advance