Cabot Financial - RE Aqua New Day Court Claim

[mrmonkey]

My Wife recieved this claim from the county court we want to send a CCA request but there is no mention of a credit agreement number on leter from cabot or court claim.
Any ideas if we can reword it using the assigned Cabot reference rather then the Credit Agreement number that we dont have?.

[Amethyst]

You can just refer to it as they have...

eg:

Re:− Account - New Day Ltd Re AQUA

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

[mrmonkey]

Thanks Amethyst.

[mrmonkey]

Ok with regards to a CPR 31.14 request it states i cannot ask for any documents as they are not mentioned in the Particulars of claim, in a similar case you helped me with, Amethyst you gave me a template letter and i was going to use similar for this.
But is this ok as they are not mentioned. Should i go ahead and request them anyway.


"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.

[Amethyst]

I might actually use part 18 in this case - the particulars of claim are pretty dire - they don't plead default at all - only termination ... and they don't plead that notice of assignment has been sent. So you are correct that strictly speaking you can only request the agreement - which seems pointless on its own as you're asking for it under the cca request.

Lets have a think about it ... do you know much on the background of this debt ? Any letter before claim ?

I would do a SAR to NewDay now though - either letter https://legalbeagles.info/library/gu...ccess-request/ or you ( well, your wife) can call them and ask for all data held - 19.3 If you would like to exercise any of your rights or find out more, please contact our customer services team on 0333 220 2520

[mrmonkey]

Hi Amethyst, i have enclosed last letter recieved, the debt was from 2017, it refers to fredricksons handling it but we have never had any communication from fredricksons regarding ths.
The debt is an aqua card, the letter does include an acc number its for a debt just short of 400 pound.

What is part 18, is there a link, thank you.

[pt2537]

ahh so no mention of a default notice then................................

[Amethyst]

Is 2017 when it was terminated or first opened ?
You've not heard from anyone about it since defaulting (terminating)? Actually do you recognise the debt ?

[Amethyst]

ahh so no mention of a default notice then................................

for a change...

You reckon Part 18 asking the circs of termination is the right way to go ?

[mrmonkey]

Its an aqua debt first took out in 2017 but they increased it in charges greatly when i went into hospital despite my wife informing them of our circumstances.Since then i have been on ESA i think aqua pased it to cabot in December 2018, i have no knowledge of it defaulting we have recieved very little info on this tbh.
Checking the Noddle Credit report it says defaulted in 11/2018 but only shows cabot under the deafault no history of any payments or history of aqua on the report.

2019

D DF

D DF

D DF

D DF

D DF

Balance history

2019	373	373	373	373	373

this is all it shows but on credit file does state default.

[pt2537]

well then you could raise s140A Consumer Credit Act in your defence, certainly you could argue unfairness arising out of the above

[mrmonkey]

sorry it missed some info

Cabot Credit Management Group Limited

£ 3xx

xx/xx/2019

Default



Name
Mx

Address
x
Account type
Credit Card

Account number
***************7xxx

Account start date
x/10/2017

Opening balance
£ 3xx

Repayment frequency
Monthly

Date of default
xx/11/2018

Default balance
£ 3xx

[mrmonkey]

Other then this on the file we have not seen a default notice and it only seems Cabot have defaulted it as before this there is/was no history of it defaulting.The default is when cabot took it over.

[mrmonkey]

i Presume Cabot can file a default, but if that is the case do they not have to send a default notice? The default date is when Cabot recieved the debt.

[mrmonkey]

ok i am going to go with the part 18 request first this will enable me to at least have things in motion along with a cca request

this is what i am thinking of sending

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


County Court Address
Claim Number: XXXXXX



Dear Sirs

Part 18 Request

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 Particulars of claim are so vague and am quite sure it fails to comply with the Civil Procedure Rules. However as you at least mention an agreement between myself and 'New Day' I request a copy of that agreement 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, I really am in the dark as to what the claim refers, so if you could forward copies of these to me, presuming they contain more information than your Partciulars of Claim, I'm sure it would help get this resolved.

You should ensure compliance with this Part 18 request 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 so I may notify the court.

I look forward to hearing from you.

Yours sincerely