Court claim form received

[haggis0073]

My wife has received a court claim

Received a claim? YES
Issue Date: 04 APRIL 2016
Amount approx: £550
Claimant: CABOT FINAINACIAL
Solicitor: MORTIMER CLARKE
Original Creditor: EXPRESS GIFTS / STUDIO

Particulars of Claim: By an agreement between Express Gifts T/A Studio & the defendant dated 12/11/2011 ('the Agreement') Express Gifts T/A Studio agreed to issue the Defendant with a credit account. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims 1.466.38

Is the debt Statute Barred? NO
List any letters you have sent: Have drafted and ready to send cca request and cpr
Any Other Info:
Posting on behalf of my wife, she does not recall ever signing an agreement, but vaguely remembers having an account with them, we both got into lots of debt years ago, i have paid all mine off and also with the help of this forum defended a claim against me last year, we are working on clearing my wifes debt off and thought it was nearly over but this one clearly got missed

[haggis0073]

Re: Court claim form received

Hello everyone I have this letter ready to send off in morning. Does my wife need to sign the letter or is simply writing her name good enough, also does she need to sign the £1 postal order or write anything on the back????

my address details


DATE XXXXXX


Cabot Financial (UK) Limited THINK THIS RIGHT ADDRESS
1 Kings Hill Avenue
Kings Hill, West Malling
Kent
ME19 4UA






Dear Sir/Madam


Re:− Account Number xxxxxxxx




Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.


I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.


Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.


If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.


I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.








Yours faithfully






xxxxxxxxxx

[haggis0073]

Re: Court claim form received

And this is my CPR letter ready to go in the morning if someone could double check, also does the defence date work out ok??

My name
address 1
address 2
post code

Date XXXXXX

Mortimer Clarke Solicitors LTD
16-22 Grafton Road
Worthing, East Sussex
BN11 1QP

Dear Sirs

ClaimNumber : XXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 05/04/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 07/05/2016

1. The Agreement
2. Default Notice
3. Termination Notice
4. Notice of assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.



Yours sincerely




xxxxxxxxx

[EXC]

Re: Court claim form received

I'll ask someone to take a look.
[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[charitynjw]

Re: Court claim form received

And this is my CPR letter ready to go in the morning if someone could double check, also does the defence date work out ok??

My name
address 1
address 2
post code

Date XXXXXX

Mortimer Clarke Solicitors LTD
16-22 Grafton Road
Worthing, East Sussex
BN11 1QP

Dear Sirs

ClaimNumber : XXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 05/04/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 07/05/2016

1. The Agreement
2. Default Notice
3. Termination Notice
4. Notice of assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.



Yours sincerely




xxxxxxxxx

The DN isn't expressly mentioned on the PoC, so strictly speaking, as per other threads, it shouldn't be asked for at this stage.

Personally I think that it is implied, as, with reference to the Consumer Credit Act 1974, an agreement which has been terminated due to non-payment requires a DN.

What do others think?

[nemesis45]

Re: Court claim form received

Charity is correct the DN can't be requested.

With the Cabot is buggering around with CCA request it's not worth mentioning it .

nem

[haggis0073]

Re: Court claim form received

Cheers guys i will just remove the default part and send in morning