CPR request Help needed - county court business centre

[kevandkeira]

Hi,
I've just received a county court form from Cabot finance on behalf of shoosmiths, I'm new to all of this, I've never had any other debts get to this stage!! I am currently on a DMP so don't know if they will help?? although this debt is not on the DMP as I'd completely forgotten about it.
It's for the sum of £4467.92 (inc court fee & solicitor's fee), this was for car finance (on:line finance) which according to the court form was issued on the 30/9/2008.

I understand I need to acknowledge the claim & ask for a further 14 days to prepare my defense, I'm preparing the CCA & CPR requests but could use a little help with the CPR form please:
1. Is the defense date 28 days from the issue date?
2. What documents do I ask for? I have copied the claim form into post 2 & going by that I assume I need to ask for copies of the agreement & default notice but how do I word this?

Thankyou

[kevandkeira]

Re: Help - county court business centre

Details as on the claim form:

Claimant
Cabot Financial (UK) LTD
There Address

Address for sending documents
Shoosmiths LLP
There Address

Defendant
Myself

Particulars of Claim
1. The claimant claims the sum of £4202.92 being monies due from the defendant to the claimant under a regulated agreement between the defendant and on:line finance (acc no xxxxxxxxx) and assigned to the claimant on 30/09/2008, notice of which has been provided to the client.
2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.
3. The claimant claims the sum of £4202.92 and costs.
4. The claimant has complied, as far as if necessary, with the pre-action conduct practice direction.

Signed
Shoosmiths

[kevandkeira]

Re: CPR request Help needed - county court business centre

Can anybody please help??

[nemesis45]

Re: Help - county court business centre

1.CPR31.14 is for the documents mention in the Particulars of Claim (POC). straight forward request
2.CCA request to Cabot with £ 1 statutory fee ( use cheque or postal order "clearly endorsed for statutory fee only."
Time scale: Correct.

What type of account is this?
When was it defaulted?
Does it appear on credit reference files? If you have not checked try Noddle it's free online.

nem

[kevandkeira]

Re: CPR request Help needed - county court business centre

Hi,
It was HP for a car
No idea when it defaulted
No mention of it on Noddle, I also paid for a copy of my experian credit report late Nov 2014 & there's no mention on there either.
Thanks

[nemesis45]

Re: CPR request Help needed - county court business centre

Ok I thought this might be HP, thinking the debt may be statute barred i.e. no payment or written acknowledgment in 6 clear years from the default date, ( case law in BMW Finance -v- Hart established that the cause of action on HP agreements was the default date, not the date of the last payment.)
My guess is that the entry on credit files has been removed because more than 6 years has elapsed since the account was defaulted.
As along as no payment has been made and you have not acknowledged the debt in that 6 year period the debt is statute barred.

This is a complete defence to the claim.

It is possible to stop this going any further if the above applies and what I am think is not going to affect the status of the debt if it does end up in court.
nem

[kevandkeira]

Re: CPR request Help needed - county court business centre

So what's the best action to take now, do I still follow the above steps of requesting CCA & CPR or do I now take an alternative route?
Thank you

[nemesis45]

Re: CPR request Help needed - county court business centre

Yes continue with CPR 31.14 and CCA request asap.
Choices ( some may disagree)!!

1.A Letter to Cabot stating that you believe the debt is statute barred ( detail in my previous post) and suggesting it withdraws the claim.
2.Wait out the CPR 31.14/ CCA requests and enter a defence on SB.

Worth contacting online finance and asking for then default date I think, do asap.

nem

[kevandkeira]

Re: CPR request Help needed - county court business centre

Ok I'll get those posted this morning, I can't find any contact details for online finance!! A quick google search brings up that they were taken over by GMAC UK so i'll try contacting them.
Thank you ever so much for your help.

[kevandkeira]

Re: CPR request Help needed - county court business centre

Also just filling in the Acknowledgement of service online & I have to tick defend all of this claim or defend part of this claim, there is also a box for I intend to contest jurisdiction. Which do I select?? I assume defend all but I'm unsure on the contest jurisdiction.
Thank you

[FlamingParrot]

Re: CPR request Help needed - county court business centre

Also just filling in the Acknowledgement of service online & I have to tick defend all of this claim or defend part of this claim, there is also a box for I intend to contest jurisdiction. Which do I select?? I assume defend all but I'm unsure on the contest jurisdiction.
Thank you

You should tick the box that says you will defend all of the claim. No need to contest jurisdiction if you live in England and Wales. :thumb:

[kevandkeira]

Re: CPR request Help needed - county court business centre

I have had a reply from Shoosmiths, the letter is as follows:

Name, Ref, etc
We write with reference to the above matter.
We confirm that we have requested the documents you have referred to in your letter on the 3 march 2015, from our client. As such, we are unable to provide these documents to you within 12 days of your letter as requested, however, we hope to be in a position to send them to you by 5 April 2015.
Furthermore we confirm that we are agreeable to providing you with an extension to file the defence within 14 days of receipt of the documents.


Is this good?? Do I need to do anything else now??
Thank you

[nemesis45]

Re: CPR request Help needed - county court business centre

So far so good.

Confirm to the court that Shoosmiths have agreed to an extension of 14 days from 5th April 2015.
Then wait and see what come along.

nem

[kevandkeira]

Re: CPR request Help needed - county court business centre

Just wondering what happen's next if I don't get the information I requested from the claimant?
Thank you

[Streetwise]

Re: CPR request Help needed - county court business centre

Just wondering what happen's next if I don't get the information I requested from the claimant?
Thank you

You enter your defence by the due date make sure you have the right date or they could get judgement by DEFAULT,make sure your defence is in on TIME.