**DISCONTINUED** Today received a court claim **UPDATE**

[judgemental24]

Re: Today received a court claim

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

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

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

1. The credit agreement regulated by the Consumer Credit Act 1974 between myself and Capital 1
2. Notice of Assignemnt from Capital 1 to Cabot and Cabot to myself
3. Copy of any formal demand before the claim was issued through the county court (Pre action protocol)
4. Ful statement of account showing how the sum claimed has been reached


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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely




Your Name

- - - Updated - - -

Send the above as well as the proof of payment (Statute Barred) template direct to weighmans by recorded delivery. That is all at he moment and update your thread with any response no later than 10 days time

[nemesis45]

Re: Today received a court claim

No, as stated, that is covered under the CPR 31.14 request

A request for the CCA under section 77-79 CCA 1974 is now irrelevant

Why is the CCA Request Irrelevant??

A CCA request goes to Cabot directly asap enclose £1 statutory fee ( use a cheque or postal order clearly endorsed " For Statutory Fee Only") It is essential to do this because if Cabot fails to supply the agreement within 12 + 2 Working Days is renders the debt unenforceable until the agreement is produced.

CPR 31.14 alone is useless here, the advice not to make a CCA request is flawed.!!

nem

[judgemental24]

Re: Today received a court claim

Because a copy for the agreement has now been made under the Civil Procedure Rules as Civil action has now started, not a section 77-79 request.

The court will still need to see the agreement.

The court will simply do a directions for Cabot to produce the agreement even if a section 77-79 request has been previously made since the start of the claim, or on the balance of probabilities a reconstructed agreement from other sources to enforce. Pre 2007 (S.127) excluded

Making a CCA request prior to a court claim will negate possible court action and non compliance.

In this case civil action has already been instigated so a s.77-79 request is irrelevant

Bringng a claim to the court is not enforcement on its own.

[Stu]

Re: Today received a court claim

What is the date that should be stated when it says filling my defence is it 28 days time from the date the claim was issued

[judgemental24]

Re: Today received a court claim

YOU HAVE 33 DAYS IN TOTAL

You have the date of the claim

You add five days for service
14 days to acknowledge
a further 14 days for the defence maximum

You can do your defence anytime after you have acknowledged the claim but i would put 28 days after the date on the claim form maximum myself

[Stu]

Re: Today received a court claim

Judgemental just to clarify Cabot have not sent a letter stating a payment was made it was a statement made over the phone by a member of staff, i apologize but with all the information this morning i was getting a bit tongue twisted, does this change things at from the above #8 post.

What monies should be sent to Weightmans in regards to their cost for paperwork

[nemesis45]

Re: Today received a court claim

Because a copy for the agreement has now been made under the Civil Procedure Rules as Civil action has now started, not a section 77-79 request.

The court will still need to see the agreement.

The court will simply do a directions for Cabot to produce the agreement even if a section 77.79 request has been previously made since the start of the claim, or on the balance of probabilities a reconstructed agreement from other sources to enforce. Pre 2007 (S.127) excluded

Making a CCA request prior to a court claim will negate possible court action and non compliance.

In this case civil action has already been instigated so a s.77-79 request is irrelevant

Bringng a claim to the court is not enforcement on its own.

Wrong, The Sols are most likely to decline the CPR31.14 request as the claim is likely top be allocated to the SCT placing the OP here at a distinct disadvantage in regard to time alone, and the fact if Cabot Cannot produce the agreement the debt is rendered unenforceable until the agreement is produced.

As said flawed advice best ignored.
A CCA request to Cabot should have been made as soon as the claim was received.

nem.

[judgemental24]

Re: Today received a court claim

But you then put in your Defence that a CPR 31.14 request was made for these documents and declined. Weightmans can decline a request but after mentioned in the defence, the court will simply do a directions notice for the claimant to produce those documents by XYZ date or claim be dismissed/struck out.

The point that is being missed is that the debt IS unenforceable without a compliant agreement being produced, that is why the judge will do a directions to cabot to produce that agreement. If the claimant cannot produce then it ends.

Cabot will have 28 days after the defence has been submitted to decide if they wish to procede with the claim or withdraw on the strength of that defence.

As stated

Instigating a claim through the county court is not enforcement on its own

[Stu]

Re: Today received a court claim

just to clarify Cabot have not sent a letter stating a payment was made it was a statement made over the phone by a member of staff, i apologize but with all the information this morning i was getting a bit tongue twisted, does this change things at from the above #8 post.

What monies should be sent to Weightmans in regards to their cost for paperwork

[beaconsman]

Re: Today received a court claim

I presume you have done the AoS (been through this myself not long ago) but not yet filed a defence?

[judgemental24]

Re: Today received a court claim

No worries, you just say Cabot informed you on the phone the account was not statute barred as a payment had been made.

That is the default position of all DCA phone monkeys

Send the CPR 31.14 request and the template refutng payment made to Weightmans and see what if anything they come back with.

It is looking like this account is now statute barred and if it comes to it we do a simple defence under the Statute of Limitations.

From what you have stated do not be surprised Weightmans now come back saying they have withdrawn the claim

[Nibbler]

Re: Today received a court claim

Hi, today received a claim for a Capital One card from 2009

'from' ?

What year was the card taken out? Prior to April 2007?

[Stu]

Re: Today received a court claim

Thanks judgemental24

And Nibbler Cabot stated over a telephone conversation that it was taken out in 2005 defaulted in 2009 and apologies yes from

[Nibbler]

Re: Today received a court claim

Good.

[judgemental24]

Re: Today received a court claim

Then even better if taken out prior to April 2007 s.127(3) will apply

3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

We all know about these applications on a pamphlet inside magazines etc, not to mention original T&C will also be needed with original prescribed terms.

They will need the original agreement you signed if you dispute those prescribed terms, which you will as the agreement will have been improperly executed. But the statute barred will be enough anyway as that is an absolute defence to any claim.