Cabot sent me Court Claim form!help!

[sarp2000]

Hello,

Cabot sent a Court Claim to me and I am not sure what to do. I have been paying for years but they want the full payment or they issue CCJ. Can I defend it as I made payment before and admitted the debt?
They bought it from another original creditor they say and I have to pay.

Can I ask for CCA Request or is it too late?

Thanks

[ODC]

Re: Cabot sent me Court Claim form!help!

Its never too late to send a CCA request

[FlamingParrot]

Re: Cabot sent me Court Claim form!help!

Cabot sent a Court Claim to me and I am not sure what to do.

Hi and welcome to LB

The first thing you should do is acknowledge the claim (you can usually do it online) :typing: and state your intention to defend in full. This should be done within 14 days to avoid default judgment. :scared: This should give you a total of 28 days from date of service to submit a defence.

In addition to the CCA request, you should also send a CPR 31.14 request for documents mentioned on the particulars of claim. For a claim of this nature these would normally be the agreement, the default notice and the notice of assignment. They should reply in 7 days, otherwise you can request an extension of up to 28 days.

I have been paying for years but they want the full payment or they issue CCJ. Can I defend it as I made payment before and admitted the debt?
They bought it from another original creditor they say and I have to pay.

You can still defend if they fail to comply with your CCA request. It's not a matter of making payments, it's a matter of whether they can produce a properly executed agreement. :grin:

Can you give us more details about this debt:

• What was it for, i.e. credit card, loan, etc.
• Who was the lender/creditor
• When did you take out the account
• How much are they claiming

Would be good if you could also post the particulars of claim. :typing:

[FlamingParrot]

Re: Cabot sent me Court Claim form!help!

Below is the CPR 31.14 letter requesting documents, assuming their claim is under £10k. You may have to edit it to suit your particulars of claim. It should be sent recorded delivery.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

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

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire 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 each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, 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 and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents 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. Further, where I have requested a copy of a document, the original of which is now 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.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus 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, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

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.

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.

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.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Cabot sent me Court Claim form!help!

Its never too late to send a CCA request

...as long as no judgment has been obtained, then it's not too late.

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, 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 (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 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 an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[sarp2000]

Re: Cabot sent me Court Claim form!help!

Thank all for your suggestions and will do it asap.

Original debt was Morgan Stanley Credit Card in 2003 then Goldfish took over then Cabot in 2006. I thought I was paying Goldfish for years. The amount is for £3500.

The Claim Form was sent to my old address and new tenants forwarded to me.

Thanks

[sarp2000]

Re: Cabot sent me Court Claim form!help!

Hello,

I have done AOS and please let me know if I need to send a copy CCA request to court at this time or it will be part of my defence.

Thanks

[FlamingParrot]

Re: Cabot sent me Court Claim form!help!

Thank all for your suggestions and will do it asap.

Original debt was Morgan Stanley Credit Card in 2003 then Goldfish took over then Cabot in 2006. I thought I was paying Goldfish for years. The amount is for £3500.

That's good news, because, for accounts started before April 2007, they'd need to produce a properly executed agreement with all the prescribed terms. :thumb:

The Claim Form was sent to my old address and new tenants forwarded to me.

You were very lucky, if they hadn't, Cabot would have obtained default judgment in their favour! :scared: You can only have such judgments set aside if you can show the court the creditor had your current address at the time.

I have done AOS and please let me know if I need to send a copy CCA request to court at this time or it will be part of my defence.

Neither. Presumable on the AOS you stated your intention to defend in full. You then send the CCA request to Cabot by recorded delivery with £1. They have 14 days to respond. The CPR 31.14 request should also go to them, unless there are any solicitors acting for them. The claim form should have provided you with those details and an address for correspondence. They should respond within 7 days, otherwise you can get them to agree to an extension of up to 28 days for submitting your defence.

The court doesn't get involved at this stage, you communicate with the claimant. If it comes to the point where you have to agree an extension, then you have to notify the court.

[sarp2000]

Re: Cabot sent me Court Claim form!help!

I checked my credit file online and can not see this account on it. I checked all my paperwork and can not find a default notice. Perhaps they can find it. This CC was applied online and those days they would just send a card in the post 10 days later. Do I need to send a SAR request to original creditor Morgan Stanley or Goldfish? or shall I just wait for response from these guys first?

Many thanks

[sarp2000]

Re: Cabot sent me Court Claim form!help!

Hi again,

I got a letter from cabot saying that they can not find any agreement and they confirmed that they will not pursue it any longer...but i got anther letter few days later from their lawyer asking for 28 days extension! so what do I d now?

please help as not suer what to response

thanks

[sarp2000]

Re: Cabot sent me Court Claim form!help!

Hi,

I got a letter from cabot saying that they can not find any agreement and they confirmed that they will not pursue it any longer...but i got anther letter few days later from their lawyer asking for 28 days extension! so what do I d now?

please let me know how to respond.

thanks