Court claim,Restons for Cabot

[Pwt50]

HI everyone,I received a claim ftom the above and would be grateful for any advice I've done this previously but it was a while ago,could anyone advise on the best wording for a CPR 31.14 request given the sparse details in the POC,
Thanks

[Diana M]

Re: Court claim,Restons for Cabot

could anyone advise on the best wording for a CPR 31.14 request given the sparse details in the POC

They are a bit sparse aren't they

Did you ever have an AA personal loan provided by the Bank of Ireland?

I'm guessing it was a loan by the account reference number in those POC. (You need to redact that reference and the claim number for privacy.)

Di

[Pwt50]

Re: Court claim,Restons for Cabot

They are a bit sparse aren't they

Did you ever have an AA personal loan provided by the Bank of Ireland?

I'm guessing it was a loan by the account reference number in those POC. (You need to redact that reference and the claim number for privacy.)

Di

Thanks Diane.m,iwas wondering what the best wording was for y he assignment,I don't want them getting away with jus tge notice of Assignment,when I want the actual deed,but tgen I don't want to have the CPR rejected for asking for the wrong thing

- - - Updated - - -

HI everyone,I received a claim ftom the above and would be grateful for any advice I've done this previously but it was a while ago,could anyone advise on the best wording for a CPR 31.14 request given the sparse details in the POC,
Thanks

Thanks amethyst for your editing

[Diana M]

Re: Court claim,Restons for Cabot

You're asking a standalone question on what to put in a CPR 31.14 Request.

You're right that in theory you should only ask for documents "mentioned" in the POC but I doubt you'd be sanctioned by the court for asking for things which were referred to but not mentioned.

After all the Claimant's solicitors can only say No. If you don't ask you don't get

I can't see those POC anymore but from memory they didn't mention anything other than an agreement (or did it say contract?). No mention of a Default Notice or a Notice of Assignment. They'll need all those three things to prove the debt in court whether you ask for them or not.

Have you sent a s 77-79 CCA Request to Cabot with a postal order for the £1 statutory fee and sent a copy to Restons solicitors. If you decide to use this forum's CPR 31.14 template letter it may refer to you sending the CCA Request in it.

Di

[Diana M]

Re: Court claim,Restons for Cabot

Did you ever have an AA personal loan provided by the Bank of Ireland?

I'm guessing it was a loan by the account reference number in those POC.

After you've sent your CCA Request and CPR 31.14 Request, then I suggest you also send a Subject Access Request to the original creditor which may have been the AA (awaiting your confirmation of that).

A SAR will give you the full history of this account which can be useful as the proceedings progress and you need to cross check information disclosed by the Claimant especially reconstituted documents.

Di

[Pwt50]

Re: Court claim,Restons for Cabot

I am going to use the template on the site and send the cca req along with it,the PoC merely says" contract,assignment,and default balance" I sent them a pre action request for disclosure of documents which they refused to supply stating I was trying to waste time to avoid the alleged debt,!

[Diana M]

Re: Court claim,Restons for Cabot

I am going to use the template on the site and send the cca req along with it

Almost right

You should send the CCA Request to the owner of the debt i.e. Cabot (the Claimant) and send a copy of it with the CPR 31.14 Request to Restons solicitors.Don't forget the £1 postal order or it won't be a valid request.

Di

[Pwt50]

Re: Court claim,Restons for Cabot

Thanks Diane.m I'll get those done this evening

[Diana M]

Re: Court claim,Restons for Cabot

Thanks Diane.m I'll get those done this evening

Jolly good. Send them by Royal Mail Recorded Delivery so you've got proof of posting and can Track & Trace them.

Then when can we have a chat about whether this was an AA loan or not

Di

[Pwt50]

Re: Court claim,Restons for Cabot

Hi diana,so after lots of hunting through old paperwork I found out what it was,turns out to be an old AA loan that I had been paying on a reduced amount then it got sent round several DCAs and I forgot about it!! Is it now too late to make the same offer to the current DCA and avoid the small claims track?
Thanks :-)

[Kati]

Re: Court claim,Restons for Cabot

Hi diana,so after lots of hunting through old paperwork I found out what it was,turns out to be an old AA loan that I had been paying on a reduced amount then it got sent round several DCAs and I forgot about it!! Is it now too late to make the same offer to the current DCA and avoid the small claims track?
Thanks :-)

out of interest, when did you last pay/acknowledge this debt??

tagging [MENTION=87380]Diana M[/MENTION] xx

[Diana M]

Re: Court claim,Restons for Cabot

Is it now too late to make the same offer to the current DCA

It's not too late to make an offer but it is too early

Let's do some research first.

Have you had any response to your CCA Request and/or your CPR 31.14 Request?

The POC state that the account was opened in 2009. Does that sound about right to you? Claimants often get their facts wrong on the claim form and that was the year the AA changed the way their loans were set up (August 2009).

Did you have PPI on this loan?

Can you remember how you opened the account and why you chose an AA branded card?

Di

[Pwt50]

Re: Court claim,Restons for Cabot

The latest activity/payment was about 2 years ago,there wouldn't have been any PPI,I never believed in it,not sure about the date it started couldn't find any original paperwork,don't know how we ended up with AA may have been a broker,as for the CPR request got a reply from the first request which was a letter stating that the documents I requested were not mentioned in the particulars of claim,which they were,and that they believe that I would have had sufficient documentation throughout the life of the agreement to identify it so they see no sensible reason to supply additional copies!! No mention of complying with my CCA request,I sent a second CPR request on Wednesday,and included a rebuttal of their claim on a separate letter

[Diana M]

Re: Court claim,Restons for Cabot

as for the CPR request got a reply from the first request which was a letter stating that the documents I requested were not mentioned in the particulars of claim,which they were,and that they believe that I would have had sufficient documentation throughout the life of the agreement to identify it so they see no sensible reason to supply additional copies!! No mention of complying with my CCA request,I sent a second CPR request on Wednesday,and included a rebuttal of their claim on a separate letter

Maybe don't send any more letters without running it by the forum first.

I spend half my life explaining to people that if the Claimant doesn't produce documents it's a good thing not a bad thing

You need to send a Subject Access Request to the AA to get the full history of this account. That will enable you to assess the 'honesty and accuracy' of any documents produced by the Claimant.

Di

[Pwt50]

Re: Court claim,Restons for Cabot

Thanks Diane,I'll have to restrain myself on the letter writing :-) its very frustrating when they make claims about things that are obviously wrong,I'll do the sar request however I don't think the AA are still in the finance business I'll find out who was behind them.Thanks for your help