Is this a POC or a POS

[volvodriver]

Hello

I received a court claim today from Restons on behalf of Cabot.

The Particulars of Claim state:

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax - Credit Card dated on or around Sep 07 2005 and assigned to the Claimant on Jul 15 2014 in the sum of xxxxx.xx

PARTICULARS a/c no xxxxxxxxxxxxxxxx.

I have answered no phonecalls, nor opened any letters for ages, so its not come as a surprise - I have been somewhat fragile of late.

What does come as somewhat of a surprise is how they expect me to answer this without any details to support their claim.

I suppose I need to file online and say I intend to defend the whole claim, which I understand will gain me an extra 14 days.

Please, to whom do I send a CCA, and is there an up to date template, and should I send a CPR request, and to whom, and what should I request since they have quoted no documents which I could ask them to disclose.

Can I request the court to strike out the claim since based upon what they have referenced there is no prospect of their succeeding?

Thank you for any help

Vdr

[nemesis45]

Re: Is this a POC or a POS

HI CCA request to Cabot (£1 fee) CPR31.14 request to Restons (no fee),.
Restons may decline the CPR request if the claim was issued via the Northampton CCBC, which does not allow for documents to be attached.
Both requests are simple, "CCA request made under sections 77/78 of CCA 1974 payment of fee £1 enclosed" ( Postal Order or cheque marked clearly for statutory fee is best.)

I require within 12+2 Working Days from then date hereon as signed and executed copy of the CCA 1974 regulated agreement account No.xxxxxxxxxx Halifax Credit Card.

CPR allows only documents mentioned in the POC so is simpler still.

BEWARE Cabot is in the habit of claiming that it has 40 days to comply with a CCA request, they DO NOT have any such time to comply it's 12 + " Working Days to comply if they do no do so the alleged debt cannot be enforced until a compliant agreement is produced.

Is this account on your credit reference files?
When was the account defaulted and the last payment or unequivocal written acknowledgment of liability made?

" contract" has been mentioned in the POC that's what you ask for in the CPR31.14 request.

[volvodriver]

Re: Is this a POC or a POS

Thank you, I will get the CCA request and CPR31.14 off tomorrow.

I can't at this time answer your questions, but I know its not 6 years if that vanswers you question.

Thank you again.

Vdr

[stevemLS]

Re: Is this a POC or a POS

You can't apply to strike out based on the brevity of the POC - the evidence emerges later in the process (or not).

[FlamingParrot]

Re: Is this a POC or a POS

Hello

I received a court claim today from Restons on behalf of Cabot.

The Particulars of Claim state:

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax - Credit Card dated on or around Sep 07 2005 and assigned to the Claimant on Jul 15 2014 in the sum of xxxxx.xx

PARTICULARS a/c no xxxxxxxxxxxxxxxx.

I have answered no phonecalls, nor opened any letters for ages, so its not come as a surprise - I have been somewhat fragile of late.

What does come as somewhat of a surprise is how they expect me to answer this without any details to support their claim.

I suppose I need to file online and say I intend to defend the whole claim, which I understand will gain me an extra 14 days.

You understand correctly :thumb:

Please, to whom do I send a CCA, and is there an up to date template, and should I send a CPR request, and to whom, and what should I request since they have quoted no documents which I could ask them to disclose.

The PoC are vague but they do mention a 'contract' and 'assigned' which opens the door to request the agreement and the notice of assignment at the very least. The CPR request letter also mentions the DN because it's implied an overdue balance would have come from a defaulted account.

Below are the steps to be taken upon receipt of a claim, along with links to the templates. :typing:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Can I request the court to strike out the claim since based upon what they have referenced there is no prospect of their succeeding?

That would be nice, sadly it just doesn't work that way.

You need to follow the process above. How much is the claim for?

[volvodriver]

Re: Is this a POC or a POS

Thanks for the help.

I've prepared the CCA and CPR ready to go on Monday (Christmas has been busy!)

I have tried today to acknowledge the claim online but keep getting an error saying claim number or password incorrect.

I am properly logged into MCOL.

I assume the password required is that in the box headed Important note on the claim form.

Any ideas?

Thanks

[Amethyst]

Re: Is this a POC or a POS

You needed to acknowledge within 14 days of receiving the claim....I don't know if that's why it might not work password wise if you have passed the date without acknowledging - otherwise have you signed up on Government Gateway ? http://www.legalbeagles.info/forums/...313#post499313 is a bit of how to sort out getting on to MCOL.

[volvodriver]

Re: Is this a POC or a POS

You needed to acknowledge within 14 days of receiving the claim....I don't know if that's why it might not work password wise if you have passed the date without acknowledging - otherwise have you signed up on Government Gateway ? http://www.legalbeagles.info/forums/...313#post499313 is a bit of how to sort out getting on to MCOL.

Thanks

I spoke to thm aqnd emailed it.

[volvodriver]

Re: Is this a POC or a POS

Here is my CPR request to Restons

[volvodriver]

Re: Is this a POC or a POS

And here is their response.

[volvodriver]

Re: Is this a POC or a POS

It seems clear they have no documents and are trying to blind me with legalese.

Yhe date on the claim is 12 December, whch I believe gives me 28+5 days to file a defence, which I calculate as 14 January.

Help with next steps much appreciated please.

TIA

Vdr

[volvodriver]

Re: Is this a POC or a POS

Could really do with some help please.

As above, Restons do not seem to have any documents, and have fobbed me off with the same letter Gallahad received.

I sent a CCA request to Cabot on 29 December, by 1st class signed for post.

As yet I have received no reply. I know I was a bit slow sending it, Christmas got in the way.

So I must file a defence tomorrow and I have no paperwork from them apart from their POC.

Can anyone please advise me what to do? This is a CC claim for an account opened, they say on or around 7 September 2005.

Thanks

Vdr

[volvodriver]

Re: Is this a POC or a POS

Have spoken to the court and explained that I am not able to submit documents online, the very helpful lady I spoke to gave me an email address to to send a defence to.

I asked her if I could email them an agreement from the claimants solicitor to extend the time to file a defence so that I could get documentation, she told me they would only act on the solicitors instructions. She also told me to file a defence and put in it that I had no documentation.

Spoke to Restons and asked them, given that they had supplied no documentation, and that Cabot had not yet sent the CCA - was honest in saying that they were not yet out of time - but after some time holding was told they would not.

Asked him to confirm that call are recorded which he did, and asked him whether he believed Restons were acting fairly, he he confirmed they were.

I told him that it was for them to prove that they had the right to demand money from me, and that as they had not done so, did he still believe it fair.

He said it was.

HELP!!!!

Please, need to get something to court by 4.30 tomorrow, and I'm out after 8.30 tomorrow.

Please

Vdr

[volvodriver]

Re: Is this a POC or a POS

Just got in and opened the post - letter from Cabot saig they dont have te CCA, andshould be able to obtain it within 40 days. its dated 8 January.

can someone please clarify what Cabot will need to produce for a 2005 agreement for it to be enfoeceable.

And do I now have to submit a defence?

If I submit a defence by email, do I need to type it up and scan it with a signature, or will it be accepted wih a statement of truth?

Thanks

Vdr

[Amethyst]

Re: Is this a POC or a POS

Blimey volvodriver looks like you've been missed for a while. I'll have a read back and catch up where we're at. Sorry and thank you for the PM xxxxxxx