Help needed in completing county court defence

[Rangytangy]

Hi there asking for a little help and reassurance in submitting defence in county court claim bought against me from Cabot financial uk and there solicitors shoosmiths.The sum of the claim is £347.84 and it is for a credit card account originally with Capitol one assigned to Cabot on the 28/09/2015.I have sent cca request to Cabot on the 10/02/2016 which was received by them on the 11/02/2016 and also sent a cpr 31.14 request to shoosmiths on the 10/02/2015 received by them on the 13/02/2015 both I have had no response to at the time of posting this I have sent acknowledgment of service to the county with the intention to defend all of the claim on the 09/02/2015.I need a little bit of help regarding submitting the defence , and have I given both Cabot and shoosmiths the required time to reply to me with the relevant documentation .

thanks

[Amethyst]

Re: Help needed in completing county court defence

Here is an example of a defence when they have failed to provide copies of documents. http://legalbeagles.info/forums/show...t-Court-Claims

What date is printed on the claim form as the date of issue?

[Rangytangy]

Re: Help needed in completing county court defence

Many thanks for replying the issue date on the county court claim was the 03/02/2015.

[Amethyst]

Re: Help needed in completing county court defence

Okay defence is due before Monday, 7 March 2016, so I'd put it in end of the week preceeding xx Once you have put a draft together pop it on your thread here ( without names etc) just to see if there's anything you might have missed etc

[Rangytangy]

Re: Help needed in completing county court defence

Many thanks again will draft defence over next couple of days and post.

[Rangytangy]

Re: Help needed in completing county court defence

Hi there again in the process of compiling defence ,I received a letter back from shoosmiths today saying they have received the cpr 31.41 request and have requested copies from there client Cabot for the documentation I have requested .As they have failed to provide the documentation within the 7days I gave them are they in breach of the request I have made?.

[Rangytangy]

Re: Help needed in completing county court defence

Hi there just a quick update both shoosmiths and Cabot failed to supply me with documentation,Cabot failed to respond to my defence but they did send a letter out to me saying that they could not proceed through the county courts as they did not have the required agreement,they did say however that I still owe them the money.
Would I presume that the county court will inform me that no response has been received from Cabot and that the claim has been stayed would be very grateful of a response .
Thank you

[R0b]

Re: Help needed in completing county court defence

I personally wouldn't rely on the court but make a call or write by email to confirm the status so that you have something in writing. You could alternatively apply for a strike out and/or summary judgment on the basis that the claim has no real prospect of success and also the fact that Cabot have admitted that they do not have the agreement. If you were successful then Cabot cannot chase you for any further payments and you won't be legally obliged to pay them. You should be entitled to your costs of the application and any costs incurred as a result of defending the claim e.g. drafting your defence, letters to Cabot etc.

Whether you wish to do that is your choice but in doing so, you will know that you not owe anything under that agreement.

By the way, what was your defence?

[Rangytangy]

Re: Help needed in completing county court defence

Many thanks for your reply,my defence was based on a cca request which I was sure they could not provide.

[R0b]

Re: Help needed in completing county court defence

by the way I was meant to say I wouldn't rely on the court! Well if they can't provide it then as I pointed out an application for strike out/summary judgment may be of use because that will mean that there will be finality and Cabot or some other debt purchaser will be chasing you down the line or may some how be able to produce an agreement and enforce it. If you don't want to go down the strike out route then depending on your funds, it might be worth setting aside some monies per month to cover the amount owed in the event that it does proceed and a judgment is made against you, at least you can make the full payment withn 30 days and avoid a CCJ for the next 6 years.

[Rangytangy]

Hi there 12 mohths down the line and finally received a reconstructed agreement dated the 14th feb ,but after looking at the status of the claim Cabot have applied for a discontinuation and it was granted on the 2nd feb.I have had no notification from either Cabot or there solicitors about the status are they trying something a little different and is it cause for concern.