Cabot financial Statute Barred

[podjohn]

Amethyst*,Hi thanks for the reply,but I'm not sure if Ascent were acting on behalf of Blackhorse or purchased it.Could this make a difference?

[podjohn]

This is my example letter (cpr 31.14) is this ok and do i put the**"also add on a request for details of the alleged 20 payment as you dispute it and consider the debt is statute barred"on this letter somewhere or a* separate* request?

Date: xx/xx/xxxx

Dear Sirs,

Claim Number: xxxxxxxxxx

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

On 06/12/2019 I 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.

1. Agreement.

2.Termination.

3.Notice of 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.

Yours sincerely

*[/QUOTE]

[podjohn]

Amethyst*Also done the SAR to Blackhorse and Ascent.Much appreciate the help wouldn't of known half of this if it wasn't for your help. Thanks

[podjohn]

Amethyst*Hi i know your busy if you get chance can you advise on my cpr. Thanks

[Celestine]

Amethyst

Your CPR request is fine. You can't ask for details of the 20 payment in this letter as CPR's only permit disclosure of documents specifically mentioned in their particulars of claim. You have already made an enquiry and received an unsatisfactory response, so that will be included in your defence.

ps remove any of those pesky 'A's if they appear in any document you copy and paste!

[podjohn]

Thanks for the reply I nearly sent one asking for it.I'll wait for the reply's to the letters keep you all posted .Thanks for the help.sorry about the 'A's will remove in future.

[Amethyst]

I THINK I've fixed the issue with the pesky A's - it's a site glitch not your fault Pod.

[podjohn]

Hi all, it's been a week I've checked on royal mail to see if the letters have been signed for and they were on Friday.So wait a bit longer for reply's.

[podjohn]

Hi all, just a update,received two letters today 1 from Blackhorse basically saying they will send my information in the next 30 days,2 from Mortimer Clarke basically saying they have referred to the client (cabot) for the documents requested and will contact me when they received them.Not sure what to do next any advise would be much appreciated.Thanks**

[podjohn]

Amethyst*

[Guest]

Wait and see, its up to them now to produce relevant documents or not.*

[podjohn]

Thanks for the reply,but still not received any info back,was going to make a start on my defence letter today.I take it if i use your "sample of defence letter" I just fill in change where appropriate,do I need to include my own proof as in my bank statements, letters I've sent to help my defence to say the debt is statute barred.

[Amethyst]

You don't need to include evidence at this stage. That will come later on. For now yes, use the example defence as a starting point and amend as necessary. I might reorganise it to put the statute barred defence at the top and expand to deny the alleged Sept 2018 payment. If you post a draft I'm sure we can give it a once over.

Have you had nothing else back from Cabot ?

Was this a secured loan originally ?
Were Ascent acting for Blackhorse or had they purchased the debt ? ( is assignment to Cabot from Blackhorse or from Ascent ?)

[podjohn]

No it was a unsecured loan from BlackHorse,I think Ascent were like a debt collection agency for BlackHorse not sure if they purchased the debt, but on the particulars of claim it says "The agreement was assigned to the claimant i.e Cabot" from blackhorse,it does not mention Ascent.

[podjohn]

I've not had anything back from Cabot only got a letter from there solicitors confirming that they have referred to there client for the documents requested, that's all**