h197 - Cabot

[h197]

Re: h197 - Cabot

Hello again Amethyst

I have now spent a bit more time on the CPR request letter and have come up with the following:

---
Re: [Claimant] v [Defendant] Claim No: xxxxxxxx
CPR 31.14 Request

On [Date] I received the Claim Form in this case issued by you out of the [County Court].

I confirm I will be returning my acknowledgement of service to the court in which I will indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the ‘Deed of Assignment’, ‘Credit Card Agreement’, ‘Notice of Assignment’ and ‘Default Notice’ document as mentioned in your Particulars of Claim:

1 - the Deed of Assignment: As you are referring in your Particulars of Claim that, quote “The Claimant is the Assignee of a Debt(s)from [OC]”, you have implied the existence of a Deed of Assignment between [OC] and the Claimant ([DCA]), which enforces the assignment of the original Debt and is deemed crucial to this case. Under CPR PD 31 - Disclosure and Inspection of Documents it is thus requested that a verified and legible copy is hereby supplied.

2 - the Credit Card Agreement: You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to, or served with the particulars of claim (please note that this has not taken place so far) and the original(s) should be available at the hearing. Additionally, that any general conditions incorporated in said contract should also be attached. Hence a verified and legible copy of the Credit Card Agreement as signed by the Defendant is hereby requested to be supplied.

3 - the Notice of Assignment: As in your Particulars of Claim you are stating that, quote “Notice of Assignment having been given to the Defendant in writing” a copy of said Notice of Assignment is requested, to ascertain whether or not it pertains to a ‘Legal Assignment’ or an ‘Equitable Assignment’ between [OC] and [DCA].

4 - the Default Notice: A copy of the Default Notice is finally requested, to include a Full Statement of transactions of above mentioned account and as relevant.

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. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

As should already be known to you given your professional status, where I have requested a copy of a document and the original is in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case, as well as supplying a copy of it to me.

Where I have mentioned a document and there is in your possession more than one version(s) of that same document, owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s), if said copies are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing immediately, or within the limits set out by the time for compliance.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order, though I do hope this will not be necessary.

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing and within the statutory time limit.

Yours faithfully

---

Well, is this an improvement and is my argument valid asking for a copy of the 'Deed of Assignment' (as I am aware they are not happy to dish that one out) please?

Kind regards once again!

[h197]

Re: h197 - Cabot

Finally, I am proposing that I use the below (standard?) letter to request an SAR off Egg:

---
S A Requestor: [Full Name]
DoB: xx/xx/19xx
NI No: XXxxxxxxX
Claim No: xxxxxxxx - [County Court]


Dear Ms Hxxxxxxx

Data Protection Act 1998 Subject Access Request

Under section 7(1) of the Data Protection Act 1998, I hereby request that you provide me with full and complete copies of any and all data you hold, relating to me ([Name]) and my entire history with your company. I have enclosed the statutory maximum of £10 in the form of a personal cheque.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind, or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly please return by post or confirm that you have destroyed said cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account(s)
2. Computer screen notes relating to transactions that have gone through my account(s)
3. Internal messages or notes relating to the conduct of my account(s)
4. Internal messages or notes relating to transactions that have gone through my account(s)
5. Recordings of any telephone conversations, whether internal or external, relating to my account(s)
6. Copies of any e-mails, or other electronic communications, whether internal or external, relating my account(s)
7. Copies of letters relating to my account(s)
8. All information relating to litigation or pre-litigation that has taken place on my account(s)
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item(s)
10. Copies of all reviews conducted relating to my account(s)
11. Copies of all other paperwork relating to my account(s)
12. Copies of any and all documentation issued to me or left at my property regarding my account(s)

If you do not handle Data Protection requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate official.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know immediately by return mail.


Yours faithfully

------------------------------- merged -------------------------------
All in all, I am now thinking that I should send:

- a CCA request to the DCA (to let them go digging),
- a CPR request to the DCA's solicitors (who in theory should have all relevant docs in place?) and
- an SAR request to the OC, as then I should receive all the relevant data, even though after 40 days..?

Anyone care to comment please?

Many thanks in advance

[Amethyst]

Re: h197 - Cabot

Take this bit out of the letter -

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

as it is no longer true - if you have a link to the post you got that template from I'll ensure it is amended.

Also remove this

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and will be viewed as harassment / trespassing and relevant authorities may be notified.

as it is irrelevant in your circumstances.

And being honest I wouldn't send the CCA to the DCA, I'd send it directly to EGG the OC - the DCA know they have already taken court action and will just send it over to the sols, who will have the CPR 31.14 request and probably just tell you to burger off as it's already in court.

Dear Amethyst

I have revisited my CCA letter, your relevant comments and an excellent related post by Curlyben within this site (Dealing with DCA's) and have now amended my CCA request letter as follows:

---
Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx


This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. As per your obligations under said Act, I hereby request you to provide me with a true copy of the credit agreement relating to the above account and a statement of account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit of 12 working days from the date of this letter. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply, as I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Moreover, I am requesting that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is your legal obligation as a Debt Collection Agency, under section 189 of the Consumer Credit Act 1974, whether you are the original creditor or not.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that a lawful assignment is of both rights and duties.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary and WITHOUT PREJUDICE, I do not acknowledge your claim regarding this debt and require you to substantiate your claim by providing the following documentation:

1. True copy of original signed executed credit agreement
2. FULL statement of account
3. Copy of the executed deed of assignment from Egg and Cabot
4. A fair processing notice

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and will be viewed as harassment / trespassing and relevant authorities may be notified.

If you are unable to comply fully and properly with this request, you are expected to confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, as well as returning the attached £1.00 fee.

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing and within the statutory time limit.


Yours faithfully
---

So, do you think this is a better letter to approach the issue at hand with?

Many thanks in anticipation

[Amethyst]

Re: h197 - Cabot

With the SAR remove

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know immediately by return mail.

As it basically gives them ideas for delaying - if you have your name address and account detals on the letter then they shouldn't need anything further.

Otherwise it's fine

[Amethyst]

Re: h197 - Cabot

oo and re the SAR being over 40 days -should be within 40 days, but you should get the main stuff you need for defence from the CPR request, and any court date etc won't be for more than 40 days anyway so there will be time to get applications etc in should the SAR show up anything abnormal.

[h197]

Re: h197 - Cabot

Well, it is all with Post Office now, a CCA request to Cabot (special delivery), a CPR request to their solicitors (recorded delivery) and an SAR request to Egg (recorded delivery)!

Now it is back to waiting!

May be a while before I get it all back I suppose, so thanks to everyone's comments and support so far!

[h197]

Re: h197 - Cabot

To all that are reading this thread, an update to what has now happened.

On July 9th I received a letter from Morgan Solicitors, stating that they were writing on behalf of Cabot Financial (UK) Limited and that my account regarding a CC was in default, giving me a month to reply, blah, blah.

I called them on the July 21st, when I was asked to state my Income / Outgoings and then advised that I had another 28 days to offer a settlement figure, etc

Then they completely ignored the 'another 28 days' offer and went ahead and served me with a Bulk Court Claim, issued on August 10th. So now it is all with the courts...


After seeking advice (as seen on previous posts in this thread), I sent off:

• a CCA request to Cabot (special delivery),
• a CPR request to their solicitors Morgan (recorded delivery) and
• an SAR request to Egg (recorded delivery)!

I then checked online through the Post Office and all were delivered the very next day (August 24th). I then filled my AoS online on August 30th, just in time...

Perhaps paranoia is setting in, but I find it funny how I heard nothing from any of them for a few days, but as soon as I filled my AoS I then started receiving the usual delaying letters.

On September 1st I received the following letter from Morgan (dated August 30th), which I assume was in response to my CPR request to them:

---start
(Name, address, date & references...)

Dear Sirs

Cabot Financial (UK) Limited -v- Me...
Claim Number: xxxxxxxx

We write with regard to your request under section 77 and 78 of the Consumer Credit Act 1974 ("CCA74").

The Claimant shall provide a copy of the requested documentation when a copy is provided by the Assignor. On assignment, the Assignor retains certain documentation relating to assigned Accounts. We must request copies when they are requested or required. These documents are often archived and can take some time to retrieve. Once received, we shall provide copies to you.

We trust this assists you. We now look forward to you contacting us with a view to clearing your Account balance and in the meantime and to reach a Without Prejudice settlement. You are invited to contact our office on a Without Prejudice basis on 01788 556 390 or by post at the above address (and not our Kent address) in order to discuss the matter and to provide details of your proposals for repayment.

Yours, blah, blah
---end

Now this to me sounds like they are replying to my CCA request to Cabot in Kent, especially as they make a point of asking for any post to be sent to them and "not our Kent address"?

By the way, can someone please advise what is the correct procedure and whom I need to be speaking to, as the claimant is Cabot Financial (UK) Ltd, though the address for sending documents and payments is Morgan Solicitors? Was I correct in sending my CCA request letter to Cabot, as they are the Claimant?

In that letter to Cabot I requested the following:

1. True copy of original signed executed credit agreement
2. FULL statement of account
3. Copy of the executed deed of assignment from Egg and Cabot
4. A fair processing notice

In my CPR request to Morgan I actually requested the following:

1 - the Deed of Assignment: As you are referring in your Particulars of Claim that, quote “The Claimant is the Assignee of a Debt(s) from [OC]”, you have implied the existence of a Deed of Assignment between [OC] and the Claimant ([DCA]), which enforces the assignment of the original Debt and is deemed crucial to this case. Under CPR PD 31 - Disclosure and Inspection of Documents it is thus requested that a verified and legible copy is hereby supplied.

2 - the Credit Card Agreement: You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to, or served with the particulars of claim (please note that this has not taken place so far) and the original(s) should be available at the hearing. Additionally, that any general conditions incorporated in said contract should also be attached. Hence a verified and legible copy of the Credit Card Agreement as signed by the Defendant is hereby requested to be supplied.

3 - the Notice of Assignment: As in your Particulars of Claim you are stating that, quote “Notice of Assignment having been given to the Defendant in writing” a copy of said Notice of Assignment is requested, to ascertain whether or not it pertains to a ‘Legal Assignment’ or an ‘Equitable Assignment’ between [OC] and [DCA].

4 - the Default Notice: A copy of the Default Notice is finally requested, to include a Full Statement of transactions of above mentioned account and as relevant.

Am I missing something here, or are they simply choosing to ignore the full details of what I have requested and focus simply on the CCA request..? Can they do that and is that legal and correct? Please advise / comment?

Then, on September 5th I received this from Egg (dated September 1st) in reply to my SAR request to them:

---start
(Name, address, date & references...)

Your Request for Information under the Data Protection Act

Dear Me...

Thank you for your recent request for a copy of phone calls/call transcripts. Please provide us with he approximate dates, times and the nature of the calls. These details will help us find the calls you need.

Additionally, as part of the Subject Access request (SAR) we will provide a copy of the account notes which include call contact information.

Yours, blah, blah
---end

Now, when I wrote to Egg I asked for the following:

---start
Blah, blah

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account(s)
2. Computer screen notes relating to transactions that have gone through my account(s)
3. Internal messages or notes relating to the conduct of my account(s)
4. Internal messages or notes relating to transactions that have gone through my account(s)
5. Recordings of any telephone conversations, whether internal or external, relating to my account(s)
6. Copies of any e-mails, or other electronic communications, whether internal or external, relating my account(s)
7. Copies of letters relating to my account(s)
8. All information relating to litigation or pre-litigation that has taken place on my account(s)
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item(s)
10. Copies of all reviews conducted relating to my account(s)
11. Copies of all other paperwork relating to my account(s)
12. Copies of any and all documentation issued to me or left at my property regarding my account(s)

Blah, blah
---end

So and as far as I am concerned, I did not ask for any specific information, I instead asked for any and ALL information that may be holding where my person is referenced, as I believe I can do under the Data Protection Act. Please advise / comment if I may be missing something here again?

Hence, I am now tempted to reply to them with a copy of their original letter, a copy of their reply and something in the lines of:

---start
Blah, blah

As per my original request to you, I did not ask for any isolated bits of information, I did instead ask for ANY and ALL information Egg is holding where my person, and/or my personal details are mentioned, as it is my legal right. Due payment has been included and as this is part of a Court Claim against me, your assistance in providing ALL such information will be much appreciated.

Yours, blah, blah
---end

Comments to the above would also be appreciated, as I am unsure if Egg are trying to not disclose certain bits of information...?

Next, today (September 7th) I received the following letter from Morgan:

---start
(Name, address, date & references...)

Dear Sir

Cabot Financial (UK) Limited -v- Me...
Claim Number: xxxxxxxx

We write further to your letter dated 23rd August 2011, received in our office on 30th August 2011. (!!! Funny how they claim it was received on the 30th, when it was send recorded and I checked on the Post Office site that it was delivered on the 24th! Again funny how they started mailing after I submitted my AoS on the 30th and now send me a reply as their 7 days to supply under CPR are expiring!)

We acknowledge your request made in accordance with Section 78 of the Consumer Credit Act 1974 ("CCA74"). While we actually take on the role of the Creditor (Section 189 of the CCA74) we are willing to waive the £1.00 statutory fee in this case. We therefore return your cheque in the sum of £1.00.

In respect of your request, we should refer you to your previous letter dated 30th August 2011, where we informed you that the Claimant is the Assignee of your account and upon assignment the Assignor retains documentation relating to assigned accounts. We have made a request to the Assignor to obtain the documentation necessary to comply with your Section 78 CCA74 request and shall revert to you upon receipt of the requested documentation.

In response to your request numbered 3, we are currently obtaining a copy of the Deed of Assignment relating to your account from our archive and will forward the same upon receipt.

In respect of your request numbered 4, a copy of the Cabot Financial (Europe) Limited's Notice of Fair use can be found on our website (cabot's uk site address) under the privacy policy.

We trust the above clarifies our position.

Yours, blah, blah...
---start

Well, while I would have liked my 1st response to be some sarcastic comment in the lines of "the above clarifies nothing about your position...", I am now left at the point of what I should be doing next.

I have tried to read up on embarrassed defences, as I doubt I will have the required documentation at hand in time, I believe this now to be a no-no, as it can go against me and I could be lumbered with their defence costs? Please advise if this is correct? Moreover, I believe that as their 7 days grace in providing the CPR request data has now lapsed, I need to advise them that they are in Default and that the debt is Unenforceable? In short, I am thinking of replying in the lines of:

---start
(Name, address, date & references...)

Dear Sirs

I am writing to you Without Any Prejudice and in response to both of your letters to myself, dated August 30th (received September 1st) and September 5th (received September 7th). For your ease and reference, I have also included copies of both the letters I originally sent to yourselves (CPR request to Morgan Solicitors and CCA request to on August 23rd, both received on the 24th, as per the Post Office registered / recorder mail tracking service.

Starting with your letter dated August 30th, I am assuming it is in reply to my letter to Cabot Financial (UK) Limited as the Claimant in this Court Claim against me, as it specifically states your wish that future communications should be directed via your Rugby offices and I quote "not our Kent address". In that letter I asked Cabot as the Claimant to supply me with information which should be readily available to them, especially considering their legal responsibilities as a Debt Collection Agency, under section 189 of the Consumer Credit Act 1974, whether they are the original creditor or not.

Moreover, within the same letter I requested Cabot (and I quote) "to substantiate your claim by providing the following documentation:

1. True copy of original signed executed credit agreement
2. FULL statement of account
3. Copy of the executed deed of assignment from Egg and Cabot
4. A fair processing notice"

Your response dated August 30th did not provide any such information, other than your request to communicate via your Rugby office (as I am now doing) and that you are the Assignee and as such will wait for relevant information to come forward from the Assignor.

May I point out here that there is a statutory time limit of 12 working days from the date of my letter. You are also reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. The reason of such time limits should be abundantly clear to yourselves being solicitors specialising in such matters: the information requested is what yourselves (Morgan Solicitors) and your parent company (Cabot Financial (UK) Limited) should have collected, reviewed and validated, to ascertain if the claim has a legal standing, or not.

Your reply so far leads me to believe that such documents were either not available, or that they were not reviewed correctly, or that you do not wish to provide them as they may form part of my defence. Please advise if my assumptions are incorrect and if so, please supply me with the documents requested by return mail, or within your statutory time limit of 12 working days. As always Without Any Prejudice, I am advising that your conduct so far will be advised to the Court and will be forming part of my defence.

Additionally, you are advising me to look at Cabot Financial (Europe) Limited for a Notice of Fair Use, though this is NOT a company I recognise as relevant to this matter, or one that I have ever dealt with in the past! Please advise where the Cabot Financial (UK) Limited Notice of Fair Use may be found and not that of a totally different and separate legal entity.

Moreover, you keep referring to yourselves as the Assignee as and I quote "the Assignor retains certain documentation relating to assigned Accounts. We must request copies when they are requested or required". Here I would like to refer you to the following section of my letter:

"If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that a lawful assignment is of both rights and duties."

As such and as you do not appear to hold all the correct documentation, I am assuming that this relates to a simple assignment, in which case you have NO legal standing in bringing a legal claim against me in court. Again Without Any Prejudice, I am advising that this fact will be communicated to the Court and will be forming part of my defence.

Relating to your letter dated September 5th, you claim to have received it in your office on August 30th. As always Without Any Prejudice, I would like to point out to you that I possess evidence from the Post Office which indicates that both letters from myself to yourselves were delivered and signed for upon collection, on August 24th. Perhaps your telephones, faxes, document scanners and emails are extraordinarily slow, though and with all due respect this is not my concern, where a legal case is in action.

As you in this letter indicated that you are and I quote "we actually take on the role of the Creditor (Section 189 of the CCA74)", which implies as the Creditor that you possess the Rights and Duties regards the account in this claim and as such you cannot be a simple Assignee, instead you should possess ALL the documentation relating to the account in contestation. It appears as there may be a conflict in your interpretation of the Law, a point which again Without Any Prejudice will be advised to the Court as part of my defence.

Additionally, you have appear to have decided to completely ignore my CPR request, as was sent to you on August 23rd and received and signed for on August 24th, a copy of which is enclosed for your reference as well as relevant evidence from the Post Office to indicate that it was promptly received on August 24th. I believe this to be in gross disregard to the Courts and again Without Any Prejudice this fact will be advised to the Court as part of my defence.

Once again, the information requested within my CPR 31.14 to yourselves (Morgan Solicitors) should be readily available and already compiled and considered as part of you bringing a claim against me in Court. As such and as you have failed to reply to the content of my letter regarding my CPR 31.14 request, I am advising Without Any Prejudice that this claim is legally unenforceable and will also be advising this fact to the Court as part of my defence.

I would like to also advise that there may be additional issues that I will be looking into in due time, as your apparent lack of an Absolute Assignment from the assignee may have additional repercussions, as it would indicate your lack of legal rights to bringing legal action against me, as well as you legally not being allowed to register a default against me with Credit Reference Agencies. This is once again Without Any Prejudice and not limiting myself to any future action I may legally be entitled to.

Any answers you may have to any of the points raised herein are invited and will be welcomed by return post and Without and Prejudice.

Yours, blah, blah
---

Wow, this was long and took a few hours to pull together, so if anyone has any comments to make, please do NOT hesitate…! I now have very few days left to pull a decent defense together, so I am getting desperate and ANY advice will be much welcomed! J

Many thanks in anticipation!

[h197]

Re: h197 - Cabot

Can anyone please advise if my understanding of the difference between an Absolute and a Simple assignment is correct? I believe that in the case of an Absolute assignment, the Assignee is the legal owner of ALL data, details, rights and duties and the Original Owner (Creditor, etc) passes all relevant information and powers over and dissengages completely, while in the case of the Simple assignment the Original Owner is still the owner and the one ultimately responsible for anything relating to the property in question, with the assignee (ie, DCA, etc) only acts on behalf of the Owner with limited powers?

Many thanks once again!

[h197]

Re: h197 - Cabot

Hello all

I am now thinking that Morgan are deliberately trying to avoid providing me with any information, so that they may turn up with a Recon CCA on the day and bluff their way through, as they have not replied with ANY information requested under CPR 31.14 and they have not even acknowledged receipt of my CPR request, though it was sent recorded and as such I have a receipt from the Post Office where they have signed to receive the letter...!

Reading through other similar posts I am led to believe that I can now request for a 28 day extension under CPR (is it CPR 15?), as the information I need to formulate my defence is not available (showing that Morgan have not replied as per their legal timelines, etc). Any ideas how I go about getting an extension please?

For those that think that Carey vs HSBC case means a DCA can simply provide a Recon agreement (as it has been suggested to me as a responce to my posts), I am led to believe it is NOT so. From advice I have already had I believe that all it means is that a Recon may now be enough for compliance as a responce to a S77/78 request, but that is where it ends. I am led to believe that it is still NOT enough / acceptable where a court case / court action is enforced / in action? So as we are now talking court action, I can still request the ORIGINAL SIGNED CCA to view under CPR 31.14, as it is a fundamental part any such action...?

So I think my defense should be formed around their not offering me reasonable time to consider and offer a viable settlement (they offered 28 days and then ignored them), their unreasonable attempts to not supply me with information (no replies to requests, delay tactics, etc) and their disregard for my CPR request (and I would also add their disregard of the court procedures), as well as the lack of a CCA and lack of evidence supporting their claim being compliant with Law of Property s136 and s196 (absolute vs simple assignment)?

Can anyone PLEASE advise, as I am now running out of time?

Many thanks