cabot restons county court

[mrmonkey]

Hi got a county claim form today for cabot / newday iam a bit perplexed on how to handle this, i have been intouch with cabot who say they placed the debt on there system in march this year then sent me 3 letter in march one in april , may and june and then assigned letter to solicitors last week of june and they have now filed county court claim dated 6th august.

it seems a bit quick also i have never recieved a letter of claim from solicitors, just seems to have moved so fast is this normal ?
any advice would be appreciated.

[Amethyst]

Pretty much normal, although you should have had a formal letter of claim before the issued the court claim.

Could you type the particulars of claim out and give us a bit of background to the debt - was it store card ? Credit card ? - how much approx is it for ? Any disputes? Do you know when it defaulted / when you last paid anything on it ?

[mrmonkey]

Hi Amethyst it was a credit card aqua 300 plus approx , last payment may 2017 approx, but due to the particulars of claim i havent got a clue and im just presuming

[mrmonkey]

Hi Amethyst it was a credit card aqua 300 plus approx , last payment may 2017 approx, but due to the particulars of claim i havent got a clue and im just presuming

i have no idea of default date i have checked noddle and found no aqua default in open or closed only a cabot saying i defaulted in march this year

[Amethyst]

Gracious - the POC's aren't exactly informative are they !?!?!?! Arrghhhh, just going to bash my head against a wall, then let's sort some letters out xxx

[Amethyst]

Okay .... that's better.

Now first step is to acknowledge the claim - presumably it's from Northampton CCBC and gives you a password and whatnot to log in on Moneyclaim online? Some Guidance here >> Acknowledge Claim

~Then send this letter to CABOT >> CCA Request

~Then send this letter to Restons >> CPR 31.14 Request
but amend as follows ( actually just use the below, reword if you like, I can ramble a bit but you get the idea )

Dear Sirs,

Claim Number: XXXXXX

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

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.

I am quite suprised that your statement of case is so vague and am quite sure it fails to comply with the Civil Procedure Rules. However as you at least mention a contract between myself and 'New Day' I request a copy of that contract be provided ahead of filing my defence. I would like you to also provide a copy of the contract, any default notice, a full statement of account ( and detail of the 'overdue balance' and the formal notice of assignment from New Day to your client, to enable me to fully consider my position.

I 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.

As I have not received any pre-action letters, ( you will be aware of this following my telephone call to your client on receipt of this claim), I really am in the dark as to what the claim refers. Your client did state they had sent letters, however I have not received such, so if you could forward copies of these to me, presuming they contain more information than your statement of case, I'm sure it would help get this resolved.

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 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

Your Name

~Then send this letter to NEWDAY >> Subject Access Request Letter
( Newday Card Ltd, 7 Handyside Street, London, N1C 4DA - I know this isn't AQUA but it might be a different store card so best to go direct to NewDay)


Enough to be getting on with ? lol.... just ask anything you like

[mrmonkey]

lol it certainly is,Thank you very much for your time and help with this i truly appreciate it.

[mrmonkey]

Hi sorted the cabot and restons again thank you Amethyst, just a query regarding the newday what am i requesting just statements from them for account/s held ? Ty in Advance.

[Amethyst]

Just a basic SAR really, but you can specify to be sure you'll get something.... everything I am entitled to under the Data Protection Act rules, to include but not be limited to; agreements, letters, transaction lists, recorded calls, screen notes, communications with third parties, for any and all accounts/products relating to myself, held or previously held by Newday.

Should cover it

[mrmonkey]

Amethyst you certainly are a Gem,i was struggling to put into words what i thought i wanted, you have covered everything, thank you so much.

[mrmonkey]

Ok so went away 23rd aug and got back on the 31st aug, had recieved these letters from cabot and restons letters were sent from myself on the 13th August requesting info and CCA .

[MIKE770]

usual we do not have the info but you would of had them,,, = outstanding items from them!

[mrmonkey]

Just wondering next step as i am goint to have to file defense soon but feel that as they have provided me no information requested, i am unsure what to do, if they have no information then how can they make a claim.

[MIKE770]

Example Defence



point out that on such a date request for CCA/CPR31.14 or what ever and request outstanding , read this example and digest and do a script but do not submit until at least the day before due - they will not have time to trash your defence, Amethyst

post defence just before on here for checking by peeps minus reference numbers and personal details?

[mrmonkey]

Cheers Mike.