** DISCONTINUED ** Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Its ok - Im just looking forward to someone saying they need 40 days to get the docs, then me posting it here, then you saying send a copy with covering letter to the FOS

:jaw:

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

- I've sadly read pretty much every thread in this area - I must say the tactics used by these companies are nothing short of disgusting for people who may not think to use a fantastic resource such as LB - Many thanks guys and gals

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

I think I might have buggered up, on the CPR letter I put weightmans address - what shall / can I do

[Don Quixote]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Yes, CPR goes to Weightmans – that’s correct, as nemesis said in post #7. CCA goes to Cabot.

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

No I mean the address at the top of the letter is meant to be to Cabot? even though it is sent to Weightmans ?

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

No address Weightmans Refer to the Court Claim they are handling for Crapbot or the CPR.

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Super, so I did it right

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey all - UPDATE.

I have received a reply from Weightmans, typed it out quickly so apologies if any spelling mistakes:

Further to our receipt of your letter dated 5th February 2015, we have today requested a copy of your credit agreement, together with terms and conditions, default notice, notice of assignment, and statement of account, from the original creditor and will forward copies of these documents to you upon our receipt of the same.

Our claim is brought pursuant to your breach of contract in relation to the above capital one credit card. The credit card was incepted on or around 4th feb 2006 and allocated card number XXXXXXXXX. Due to your failure to adhere to the terms and conditions of said agreement, the agreement was terminated on or around 24 jun 2010 before being assigned to Cabot financial UK limted on or around 29 march 2011.

This claim is likely to be allocated to the small claims track. Under civil procedure rules (CPR) CPR31 does not apply to the small claims track. As such, should you proceed to make an application on the basis of CPR31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the court to take the matter to trial, a deadline will then be provided for the parties to disclose all documents which they will seek to rely on at trial, which will include the documents listed above, you will therefore be in receipt of the documents requested prior to any subsequent trial.

Yours Faithfully - Weightmans LLP

What do I need to do now, I have had no reply from Cabot as of yet - whats next, do I need to reply to this?

Cheers in advance

PH

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

All these solicitors " for rent" to the debt collection "industry" are all using variations of the same template!!

If the claim is not allocated to a track CPR 31.14 is still applicable.
It seems that Weightmans has undertaken to obtain the agreement from the original creditor, and you have made a CCA request to Cabot there is little more to do.
Just start on preparing a skeleton defence which can be fleshed out later.

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey Nem, cheers for the reply again, so do I not need to state to them something along the lines of "As the claim has not actually been allocated to a specific track yet, you still have to follow your duty in regards to adhering to your CPR compliance duties"?

Or do I just leave it as they have already asked for the documents from the original creditor?

[Don Quixote]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Here’s a bit of background reading on use of CPR 31, and poor quality of claims in general, courtesy of pt2537. Some very useful references, too.

https://consumercreditlitigationandd...re-the-basics/

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Have done this - used template from other thread - shall I send or just leave it?

Dear Sirs,

Claim No: xxxxxxx

Cabot Financial UK LTD v ph123uk

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

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that “This claim is likely to be allocated to the small claims track. Under civil procedure rules (CPR) CPR31 does not apply to the small claims track. As such, should you proceed to make an application on the basis of CPR31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the court to take the matter to trial, a deadline will then be provided for the parties to disclose all documents which they will seek to rely on at trial, which will include the documents listed above, you will therefore be in receipt of the documents requested prior to any subsequent trial.” I am afraid I must disagree, the case has not been allocated to a track for determination and 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.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require 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 unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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.

I look forward to hearing from you within the next 7 days.

Yours sincerely

ph123uk

[Don Quixote]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Perhaps a cheeky little bit add to the CRP 31.15 note:

“As previously stated, in accordance with CPR 31.15 I am willing to pay your reasonable copying costs in respect of supplying these documents. I assume your client is in control of the documents mentioned in the claim, because to issue a claim based on no knowledge of the actual documents cited as the basis of the claim would give rise to doubt in the veracity of your statement of truth. I assume therefore that copying costs will be nominal. These documents should be supplied within seven days. Failure to comply with this valid request may be notified to the court in due course.”

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Added that, sending today - cheers people! - I still haven't had anything back from Cabot now?

[FlamingParrot]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Added that, sending today - cheers people! - I still haven't had anything back from Cabot now?

If you are referring to your CCA request, then there's no reason to chase that one, non-compliance can be used in your defence.