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

[Diana M]

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.

There is every need to send a s 77-79 CCA Request to the Claimant.

This protects the Defendant's legal position because unless or until they comply with the request the debt will be unenforceable in court.

The CPR 31.14 Request is a request for the solicitors to produce documents. If they don't disclose them then there are potential sanctions by the court (if an Application is made) but it would not render the debt unenforceable.

They are two very different legal necessities at this stage.

Di

[jaguarsuk]

There is every need to send a s 77-79 CCA Request to the Claimant.

This protects the Defendant's legal position because unless or until they comply with the request the debt will be unenforceable in court.

The CPR 31.14 Request is a request for the solicitors to produce documents. If they don't disclose them then there are potential sanctions by the court (if an Application is made) but it would not render the debt unenforceable.

They are two very different legal necessities at this stage.

Di

Thanks, noted.

[useridian68]

Hi WARWICK65,

Yes it is Cabot Financial (UK) Limited

[useridian68]

Hi,

On the template for CPR 31.14 (It is my understanding that this is for the claimants solicitor) I put my name and address on the top, then it states to put Claimants name, address and postcode next.
Is this right? Normally when sending a letter it would be the address of who you are sending it to.

I hope this makes sense.

Thanks

Ian

[Kati]

Hi,

On the template for CPR 31.14 (It is my understanding that this is for the claimants solicitor) I put my name and address on the top, then it states to put Claimants name, address and postcode next.
Is this right? Normally when sending a letter it would be the address of who you are sending it to.

I hope this makes sense.

Thanks

Ian

you send the cpr to the address for documents/correspondence listed on the claim form, so address the letter accordingly xx

[useridian68]

Hi Kati,

Thank you for your prompt reply.

So is the solicitors also classed as the Claimant?

On the CPR template it states

'On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.'

[Diana M]

it is Cabot Financial (UK) Limited

That’s good to hear since they are unlicensed.

Di

[useridian68]

I think I'm done

I am sending the CCA to the claimant (cabot) with a postal order for £1.

I am sending the CPR 31.14 to the solicitors with a copy of the CCA, marked 'For Information Only'

Thank you to everyone who has taken the time to give me advice.

Best wishes

Ian

[useridian68]

That’s good to hear since they are unlicensed.

Di

Hi Di,

Could you explain what you mean please?

Thanks Ian

[useridian68]

Hi,

I would like some advice for filing my defence please.

The claim form was issued on the 8th January.

The AOS was received on the 24th January.

I have informed the claimants solicitors that I'm going file my defence on the 9th of February.

I have calculated that I have until the 10th of February with my 28 days plus 5 days.

Please could you tell me if the dates are correct please?

[warwick65]

Yes that is correct

[useridian68]

Thank you.

Could you tell me if there is a step by step guide to filing a claim similar to 'How to acknowledge a claim' please?

Also the claimant received the CCA on the 2nd of February and the claimants solicitor received the CPR 31.14 on the 2nd of February. I haven't had a reply from either of them yet.
Does this affect how I defend my case?

Thanks

[useridian68]

Hi,

I've informed the claimants solicitors that I am going to be filing my defence tomorrow (09/02/2018)

I really feel out of my depth with this process and my main concern is that they will pick up on anything so the case goes in their favour.

The claimant received the CCA on the 2nd of February and the claimants solicitor also received the CPR 31.14 on the 2nd of February. I haven't had a reply from either of them yet.
Does this affect how I defend my case?

i.e could it go against me that I haven't given them enough time to reply, bearing in mind that my 28 + 5 days are up on the 10th of February.

Any advice on what I should do next would be greatly appreciated.

Thanks

[warwick65]

As they have not replied to your letters all you can really do is use the template defence from here with maybe the odd addition.

http://legalbeagles.info/library/gui...-court-claims/

Just a few points to note
If you recognise the debt at para 4 you would put it is accepted I had dealing with (original creditor) in the past

On the line of notice of assignment I would add something like, the claimant is put to strict proof of they have a right to bring this claim by providing the deed of assignment and the notice of assignment

Not much else I can add really

[useridian68]

Hi

I've just got home from work to find a letter from the claimants solicitors

It reads

We acknowledge receipt of your recent request made pursuant to CPR 31.14

We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures. Para graph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."

We would also remind you that CPR 31.14 states:-

"A party may inspect a document mentioned in -

(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit

You would have been provided with a copy of the contract / Terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefore CPR 31.14 (1) does not apply.

Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to namely:

a) the date the account was opened;
b) the account number;
c) the outstanding balance;
d) the name of the original creditor; and
e) the fact that the account has been assigned to the claimant and when it was assigned.

Furthermore, throughout the lifetime of the account, you will have received various statutory Notices and collection style letters relating to the account and as such, we do not believe there can be any sensible basis for you to allege that you do not understand the basis of the claim issued against you.

For the avoidance of doubt,no extension of time is agreed for you to file a defence.

Finally,we note that you state that you have made a request to our Client pursuant to S77/78 of the consumer credit act 1974. We will review this with our client and your account on hold in the meantime.

We trust this clarifies matter.

I was planning to file my defence tonight, as its my last day to do so. But do not know what to do next.

Any advice would be greatly appreciated