**WON** Three DCA's have not supplied me with requested CCA /Cabot are now chasing me

[FlamingParrot]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

Reply from Cabot for CCA

Sorry we currently do not have the information on file ,we will contact the original lender for this information and hope to get it within 40 days ,and confirm your account is on hold until we gather the information .

QUESTION 1 if so will this be taken out of county court ?

This is a template letter very often used by Crapbot which is highly misleading, :rant: :rant: :rant: as once they've gone to court, they can apply for default judgment if you don't submit a defence before the deadline, you should not believe the bit about the account being 'on hold', some people last year ended up with CCJs as a result of believing such misleading statements.

QUESTION 2 and is 40 days acceptable?

No, the timeline for a CCA request is 12 workings days + 2 allowed for service, the 40 days are for a SAR which is totally different. That has been part of their templated response for a while, sounds like some trained monkey at Crapbot HQ got their timelines mixed up! Idiots! :rant:

Today Cabot received a SRA from me
included was this sentence
Please note that under NO CIRCUMSTANCES should this payment be set aside any alleged debt, if you are unable to supply the documentation requested this fee should be returned.

As above, they have 40 days to respond to a SAR so, unless you agree an extension with the solicitors acting for them to submit your defence, you will need to submit it before the 40 days are up, without an extension you'd only have a maximum of 33 days from date on claim.

And their solicitors today received the request made under Civil Procedure Rule 31.14 for the production of the documents as mentioned in the Particulars of Claim .

Also Cabot state that the fact that no other DCA have complied with my CCA Request,and all defaulted, has no bearing on this case ,and that I should take it up with the other three company's is this also correct ?

As they are the current account owners and the ones taking you to court, they should also have the documents to back up their claim, regardless what other DCAs did in the past. :thumb:

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

what should I do now ,copy the letter stating Sorry we currently do not have the information on file, and my account is on hold and send it to the court ?

[FlamingParrot]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

what should I do now ,copy the letter stating Sorry we currently do not have the information on file, and my account is on hold and send it to the court ?

No, you just need to make sure you submit a defence within the 33 day timeframe (counting from date printed on claim form) unless you get an extension (see below). I assume you have already acknowledged the claim, which needs to be done within 14 days. :clock:

The CPR request letter gives the solicitors 7 days to supply the documents, if they don't, you should chase them, and ask them to agree to a 28 day extension (the maximum allowed by CPR 15.5.) to submit your defence. You can do this by phone and/or email to speed up the process. :typing: :cell:

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

I have already acknowledged the claim .my defence is that no one to date has complied with the CCA ,and provided evidence that I owe this money ,
surely I am entitled to some sort of proof ,like a statement of account to show where this alleged debt has come from ,three DCA'S 2 of which asked the bank for the documents ,and still no documents and by the looks of it Cabot will not be able to comply with my CCA request either ,is that good not enough grounds for a defence the fact that no one has provided my with any proof of the debt

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

would that not work against me by getting an agreed extension,as it will give the solicitors more time and Cabot more time ,when at this moment in time they do not have any proof that I owe this money and that is from Cabot themselves

[FlamingParrot]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

I have already acknowledged the claim .my defence is that no one to date has complied with the CCA ,and provided evidence that I owe this money ,
surely I am entitled to some sort of proof ,like a statement of account to show where this alleged debt has come from ,three DCA'S 2 of which asked the bank for the documents ,and still no documents and by the looks of it Cabot will not be able to comply with my CCA request either ,is that good not enough grounds for a defence the fact that no one has provided my with any proof of the debt

I'm sorry but I just have to ask: do you actually recognise the debt as an account you had in the past or not at all?

[FlamingParrot]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

would that not work against me by getting an agreed extension,as it will give the solicitors more time and Cabot more time ,when at this moment in time they do not have any proof that I owe this money and that is from Cabot themselves

The idea is to get more time to prepare your defence. As for finding the documents, their chance to do so does not end with your defence being filed. Once a defence is submitted, the court will send a copy to the claimant. The claimant should respond in 28 days and the court will notify you when they do. If they do not respond within 28 days, the claim is stayed. Upon receipt of their response, the court will transfer the claim to your local County Court and it will send a directions questionnaire requesting information from both you and the claimant. The claim will then be allocated and a directions order made. The order is then sent to both parties. The directions order will set a timetable for both parties, the order will include the disclosure of documents - usually 14 days after the directions order - followed by exchange of documents - normally 14 days from disclosure. This means the claimant will have over two months to locate the documents after you file your defence.

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

i had an account but I did not owe that much, it seems to have doubled in size .

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

No response to the CPR request letter ,and no response to the CCA request ,response to SRA apparently its in the process of being compiled .but apparently they have no statement of account .

[nemesis45]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

When was the CCA request sent, the CCA 1974 allows 12 + 2 working days to comply after which the debt becomes unenforceable until
the agreement is disclosed.

(12 + 2 days no weekend or bank hols count).

nem

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

The CCA was sent on the 13/02/15 but have not received any response to my request to date

[nemesis45]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

The debt is unenforceable until the CCA is found.

You can write to Cabot now stating that it has failed to comply with the
CCA Request and the alleged debt s now unenforceable until the agreement
is provided and no further correspondence will be entered into until it is.

nem

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

A claim was issued against me on 02/02/2015


my defence was received on 09/02/2015
heard nothing yet apart from a letter from Cabots solicitor
with one line of wording

Please be advised our client intends to proceed with this claim


how long will this all take ?

[nemesis45]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

The courts are very busy at present and a lot will depend on Cabots responses and if documents requested e.g . CCA request have been complied with. As said before it is unen. until the agreement is produced,.
Now your defence is in, keep careful check on all things if you hear nothing for 10 - 14 days check with the court if Cabot et al have not got the agreement the claim may be stayed, phone the court for info.

nem

[thesearcher2011]

Re: Three DCA's have not supplied me with requested CCA / but Cabot are now chasing m

Can I ask what is the 12 working day rule ,and a further 30 days rule about ?