Defending a CCJ. Cabot Finanial. I'm starting to panic!

[useridian68]

Hi,
I would be very grateful for some advice please.

I had a CCJ issued on the 8th January 2018. I submitted the acknowledgement of service on the 23rd January, and the AOS was received on the 24th January. So I am concerned I am running out of time to send the CPR 31.14.

I have read the template but do not understand exactly what I have to do, and I do not want to make a mistake for obvious reasons.

i.e. in the template it states listing the particulars of claim. My particulars of claim are

The Claimant claims payment of the overdue balance due from the defendant(s) under a
contract between between the Defendant(s) and Vanquis
dated on or about Apr 22 2014 and assigned to the Claimant on Jun 30 2017

Particulars a/c no ************************
DATE ITEM VALUE
13/11/2017 Default Balance 3592.03
Post Refrl Cr NIL


TOTAL 3592.03

Also, do I have to add the request for a copy of the credit agreement relating to this claim.

Best wishes

Ian

[jaguarsuk]

Hi Ian

Firstly welcome and also don't panic.

If the date on the claim form N1 sent to you is 8th Jan you have until the 9th February 2018 to submit a defence. AOS gives you 28 days plus 5 days for service of the original claim form.

Send a CPR 31.14 Request to the solicitors asking for copies of "contract between between the Defendant(s) and Vanquis dated on or about Apr 22 2014", Default Notice and Notice of Assignment. They have 7 calendar days from receipt to comply with it and so if you send it first class today it might be tight (they get 2 extra days for delivery), so I'd send next day delivery this afternoon. That gives them until the 6th.

Still tight, but not the end of the world.

What is the debt for? Have you had letters about it? What did they say? If it's defaulted 2 months ago they have certainly moved fast to court?

[useridian68]

Hi, and thank you.

I have only just got home to read your message, so won't be able to post the request until tomorrow.

Do I just send the request to the solicitors, or do I also send a request to Vanquis for a copy of the contract?

It's for a credit card.

I had a letter from Cabot dated the 11 August 2017.

Regards

Ian

[useridian68]

Also, on the CPR 31.14 request it states

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 xx/xx/xxxx.

Please could you tell me what date I have to enter?

Sorry for so many questions but I really can't afford to make a mistake on this.

Thank you

Ian

[jaguarsuk]

Hi Ian

The CPR 31.14 request goes to the Solicitor. As they mention the contract this is the CCA and therefore there’s no need to do a separate CCA request.

The line in your post you can just delete as it’s for if you are sending a separate CCA request.

Vanquis is are no longer the owner of the debt, it’s Cabot the claimant who own the debt now and so Vanquis won’t really play a part.

[jaguarsuk]

If Cabot have been dealing with it since August then it seems weird that the default date on the POC is 13/11/2017. Is that a typo when you have typed it out?

[useridian68]

Ok, thanks for clarifying that for me.

I have edited the letter like this.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
On 08/01/2018I 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 on09/02/2018.

To enable me to file my defence and/or counterclaim, I require inspection of the contract between the Defendant and Vanquis dated on or about Apr 22 2014

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

No its not a typo, that is the correct date.

Thanks again for your helpI really appreciate it.

[useridian68]

By the way, I originally started my defence with the information from a video I found on youtube. The group that added it was beatthebaliffsandbanks.co.uk. The information seemed good until after the AOS. After that I became unstuck. Then googling 'CPR 31.14 template' led me LegalBeagles.


Best wishes

Ian

[warwick65]

Hi Ian

The CPR 31.14 request goes to the Solicitor. As they mention the contract this is the CCA and therefore there’s no need to do a separate CCA request.

The line in your post you can just delete as it’s for if you are sending a separate CCA request.

Vanquis is are no longer the owner of the debt, it’s Cabot the claimant who own the debt now and so Vanquis won’t really play a part.

Nay Nay and thrice Nay

A Cpr31.14 request is NOT an S78 request

So what you need to do is send the CPR request to the claimants solicitor and a S78 along with the standard fee of £1 ( cheque or postal order) to the claimant. I would also include a copy with the CPR request saying clearly this is a copy for your reference

http://legalbeagles.info/library/gui...etter-example/

The problem with asking for the default notice is that it is not mentioned in the POC and will likely be refused.

I would also send a SAR to Vanquis
Diana M any thoughts please

[jaguarsuk]

Doesn’t this bit allow a default notice to be requested? Can’t default it without a notice?

DATE ITEM VALUE
13/11/2017 Default Balance 3592.03

[MIKE770]

separate CCA1974 request with £1.00 postal order makes the request legal Recorded Delivery CCA Request Letter

also SAR Request with £10 postal order Recorded Delivery to claimant Subject Access Request Letter

as no default mentioned on N1 court form then request proof later

[warwick65]

Doesn’t this bit allow a default notice to be requested? Can’t default it without a notice?

No. afraid not and I think you are pushing it by asking for the Notice of assignment although assignment as that is the tool by which the debt has been assigned maybe you could get away with asking for deed of assignment as that is the tool by which the debt has been assigned

[useridian68]

Thanks for all your replies.

I'm concerned i've lost another day now, through my lack of understanding and knowledge

I will go through all the info tonight.

Also on the CCA request it states 'I understand a copy of our credit agreement should be supplied within 12 working days.' I don't think that I've got 12 days.

Regards

Ian

[warwick65]

Try not to worry that you haven't got the right amount of time to allow them to produce. It is unlikely they will do it in time. You can get a basic defence in saying you have requested documents they haven't supplied and when they do you may need to amend your defence

As it is over £3000 it might be worth having a chat with a lawyer or a firm that offers free initial advice

By the way is it cabot financial (uk) ltd?

Diana M any thoughts on that ?

[jaguarsuk]

There is an example of the type of defence warwick65 mentions here: Example Defence for Consumer Credit Court Cases

Try not to worry.