Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hello, [MENTION=5553]charitynjw[/MENTION] and [MENTION=55034]nemesis45[/MENTION]

Many thanks for you taking time out to reply.

Agree with - Pendants!

Apolgies for having to re-cap, never done this before and would like to make sure I,m doing this correctly, within time frame and to procedure.

1) Acknowledge service with Court on 9th January to 24th January
2) CCA to Cabot
3) CPR to Restons
4) No response submit Defence as above on 25th January
5) Receive letter from Court
6) Recieve the above letter from Restons

Do I now send another letter to Restons along the lines as above advised (draft below) or hold off as they never responded within the 7 days as per the CPR. Just to mention have not had anything from Cabot to date either which is well over the 12days now.



Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Re. Letter dated xx.xx.xxxx

Would like to invoke 31.15(c) and remind you I'm a Litigant in Person

In addition I will bring the refusal to comply to the attention of the court as what may or may not have been received from any party in the past is irrelevant.

Look forward to hearing from you.

Yours Sincerely,


xxxxxxxxxxxxx

[Andrew Travers]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Dear Sandyhaven,

I am have a similar deal and just wondered how your situation panned out in the end or has in not ended yet?
Thanks,
Andy

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hello, @charitynjw and @nemesis45

Many thanks for you taking time out to reply.

Agree with - Pendants!

Apolgies for having to re-cap, never done this before and would like to make sure I,m doing this correctly, within time frame and to procedure.

1) Acknowledge service with Court on 9th January to 24th January
2) CCA to Cabot
3) CPR to Restons
4) No response submit Defence as above on 25th January
5) Receive letter from Court
6) Recieve the above letter from Restons

Do I now send another letter to Restons along the lines as above advised (draft below) or hold off as they never responded within the 7 days as per the CPR. Just to mention have not had anything from Cabot to date either which is well over the 12days now.



Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Re. Letter dated xx.xx.xxxx

Would like to invoke CPR 31.15(c) and remind you I'm a Litigant in Person

In addition I will bring the refusal to comply to the attention of the court as what may or may not have been received from any party in the past is irrelevant.

Look forward to hearing from you.

Yours Sincerely,


xxxxxxxxxxxxx

Small amendment, just in case they get picky, lol!

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi Andy,

Still ongoing but some great advice on this forum, never been in this position before.

How are you getting on with yours?

Kind Regards,

Sandyhaven

- - - Updated - - -

Many many thanks [MENTION=5553]charitynjw[/MENTION]

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hello [MENTION=55034]nemesis45[/MENTION] and [MENTION=5553]charitynjw[/MENTION],

What letter should I send to the court advising Restons refusal to supply information - just a simple letter with case number etc. including a copy of the Restons letter as information for the file?

Your help is greatly appreciated.

Kindest Regards,

Sandyhaven

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi Sandyhaven,

If you've already submitted your defense to court based on no disclosure by Claimant & their legal rep, you have no need to inform the court further atm.

You have already reserved the right to amend your defense if they do cough up. (see #14 your defense).

It would do no harm to follow up with a letter to the solicitor, (after 7 days or so) referring to previous letter & let them know that you are still awaiting a reasonable response to your reasonable request for discovery.

Do not chase the CCA letter to the Claimant; for as long as they do not comply with the CCA request, they cannot advance their case in court.

Have you heard from 'mediation' yet?

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hello @nemesis45 and @charitynjw,

What letter should I send to the court advising Restons refusal to supply information - just a simple letter with case number etc. including a copy of the Restons letter as information for the file?

Your help is greatly appreciated.

Kindest Regards,

Sandyhaven

Hi Sandy,

You can't send letters to the court in this way, the non compliance with CCA/CPR 31.14 requests
must be part of your defence, your request and the claimants/ solicitor responses are indexed
parts of the defence.

nem

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION] and @ [MENTION=5553]charitynjw[/MENTION]

Apologies for slow response working funny shifts at the moment.

Charity - not heard from from mediation - who offers this and any idea of the reasons.

Charity / Nem - I'm getting a little confused with Restons Solicitors letters firstly requested CPR then eventually well after 7 days received the above reply and as above prepared a second letter / response invoking CPR 31.15 (c) should I not have sent this as maybe I have misunderstood your valued advice as upon checking the original CPR request had already requested this information - please can one of you advise as I feel as I may have let the site down :-(

Kindest Regards,

Sandyhaven

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi @nemesis45 and @ @charitynjw

Apologies for slow response working funny shifts at the moment.

Charity - not heard from from mediation - who offers this and any idea of the reasons.
The court.............it's FOC (but if Claimant/solicitor haven't sent any docs, mediation can't help.
& who's to blame.....:tinysmile_twink_t2:)
Charity / Nem - I'm getting a little confused with Restons Solicitors letters firstly requested CPR then eventually well after 7 days received the above reply and as above prepared a second letter / response invoking CPR 31.15 (c) should I not have sent this as maybe I have misunderstood your valued advice as upon checking the original CPR request had already requested this information - please can one of you advise as I feel as I may have let the site down :-(
That's fine.....Twice you've asked, twice they haven't complied! It won't bode well for them in court.

Kindest Regards,

Sandyhaven

cccc

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION] and [MENTION=5553]charitynjw[/MENTION]

Trust you are both well.

With the 28days running out this Sunday/Monday since defence was submitted to court is there anything I should be doing or just leave the time run on.

No response from Cabot and only received the letter from Restons as in previous post.

As always your help is greatly appreciated.

Kind Regards,

Sandyhaven

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Imho

If Cabot haven't responded, they can't advance their case in court. Personally, I wouldn't poke that hornet's nest - let them hang.

You've already reminded the other monkeys & got limited response.

I'd probably leave well alone & watch them scrabble around.

But [MENTION=55034]nemesis45[/MENTION] for a second opinion, perhaps?

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi @nemesis45 and @charitynjw

Trust you are both well.

With the 28days running out this Sunday/Monday since defence was submitted to court is there anything I should be doing or just leave the time run on.

No response from Cabot and only received the letter from Restons as in previous post.

As always your help is greatly appreciated.

Kind Regards,

Sandyhaven

Good morning Sandy,

There is a backlog within the court system so allow 2-3 days extra then check with the court to see if the claim
has been stayed if you don't hear anything meanwhile,
nem

[andy44uk]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi Sandy
I am in the same boat as you are with Restons though my 28 Days after submitting defence ended yesterday I have now received a letter from Restons requesting I send them proof of the CCA I sent to Cabot and proof of the £1.00 payment. I have copies of all this and the signed for post.
Just wandering should I send this when they still haven't complied with the CCA CPR31.4 except to say I was provided the docs when I originally took the account out or the CPR31.5
I feel like saying you show me yours and I will show you mine.
Anybody any advice on do I have to give them this information, I know I would if a court date has been set.
Oh great site guys haven't had. To post before just followed others advice given

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi Sandy
I am in the same boat as you are with Restons though my 28 Days after submitting defence ended yesterday I have now received a letter from Restons requesting I send them proof of the CCA I sent to Cabot and proof of the £1.00 payment. I have copies of all this and the signed for post.
Just wandering should I send this when they still haven't complied with the CCA CPR31.4 except to say I was provided the docs when I originally took the account out or the CPR31.5
I feel like saying you show me yours and I will show you mine.
Anybody any advice on do I have to give them this information, I know I would if a court date has been set.
Oh great site guys haven't had. To post before just followed others advice given

This seems to be another Cabot/ Reston scam asking for proof that a CCA request was made and the fee paid!
you sent the request by signed for post? And have the receipt with the PO information. Yes send
the copies by signed for post.
nem

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi [MENTION=77915]andy44uk[/MENTION]

Just back in from work and great to see Nem has replied.

It is a great site, unfortunately it's the first time I've been down this road, same as you, so can't help at all, good luck and wish you all the best.

Keep in touch with progress if you don't mind - you should post a thread so we can read it and it will give help to others (and myself)

Best Regards,

Sandyhaven