CCJ Cabot/Aqua - Shoosmiths LLP vs Redobbie

[redrobbie]

Hi all,

Really could do with some help feel a bit lost. I've acknowledged the claim on the date provided. I know I'm supposed to send letters but will it be enough time now for me to get a response? I'm worried am I too late? Will I have to submit a defence now? Please help me with my best course of action.

Received a claim? Yes
Issue Date: 8/02/2018
Have you Acknowledged the Claim?: Yes, 20/02/2018
Total Amount Claimed:£521.86
Claimant’s Name: Cabot financial
Solicitors Firm: Shoosmith LLP
Original Creditor: Aqua Credit Card/Newday (eg. Credit card/Loan/Overdraft) :Credit card

Particulars of Claim: 1. The claimant claims the sum of £436.86 being monies due from the defendant to the claimant under a regulated agrement between the defendant and New day and assigned to the claimant on 12/09/2017, notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordandance with the terms of the agreement and a default notice has been served pursuant to the Consumenr Credit Act 1974.

3. The claimant claims the sum of £436.86.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

List any letters you have sent (eg: CCA/ CPR ) none

Any Other Information or Background Details: I this is a debt originally with New day Credit card under the Aqua name. I've checked my credit report using noddle, instead of saying Aqua or new day it has Cabot credit managment group, acc start date dec 2016, date default 31/08/2017.


Thanks

[redrobbie]

Ok did a bit more research I've calculated I must submit a defence by the 13/03/2017 is this correct?

also I have to send a CCA request to Cabot financial and a CPR request to Shoosmith incl a copy of CCA letter sent to Cabot, sending both by recorded delivery.

The cca letter:

Formal Request for a copy of the Credit Agreement

With reference to the above agreement, Iwould be grateful if you would send me a copy of this credit agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of our credit agreement on request. Ienclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you.

CPR letter: what date should i put for filling defence xx..?



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


On 08/02/2018I 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 onxx/xx/xxxx.


1. Agreement
2. Default Notice
3. 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 must 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.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

I look forward to hearing from you.

defence: I've attached file due to size. please advice on point 13. I haven't agreed extension should I do so and how do I do that?

sorry if everything is a bit jumbled, am I on the right track? thanks.

[Amethyst]

Is the ISSUE DATE of the claim 8th Feb ? If so put the received date a few days after. Then your Defence date is Tuesday, 13 March 2018

33 days from issue date allowing for service.

You are a little bit behind but if you get the CCA letter and CPR letters off you should be okay - the CPR letter asks for an extension.

However I would also ask for an extension separately see - http://legalbeagles.info/forums/foru...filing-defence

This all sounds like it is a bit recent -

Ac start dec 2016, date default 31/08/2017

- was that Dec 2016 date when you first got the card ? so it is likely the application and agreement would have been online and they are likely to provide documents. Any issues with the card ?

The credit file will show as Cabot as they own the debt now and took over reporting from New Day/Aqua.