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

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Berniethebolt...
1 CCA senton the first day and not responded to by Cabot..

2 No response from the cpr request after 12 days sent a extention letter and called the sols but no help or reply..

3 Ive asked for all documents requested statutory by cca & cpr

4 i believe the debt to be statutory barred

and the claim has been acknowledged on the day received, i have followed all advice and i believe it to be solid and i am thankful fully for this advice but also i do thank you for your advice also.

That's good. As I mentioned earlier the CCA request is vital. The CPR request will in all likelihood be refused with the excuse that it is a small claim. Did you ask for any documents that were not mentioned in the Particulars of Claim?
If you did , I am not sure and i would take others advice on this but it may be worth sending a request under CPR31.14 just for the documents mentioned and a request under CPR18 for other information .

It seems that some info from the beginning of the thread is missing , can you explain why you think it is SB?
In particular ,
When was the last payment made, was this a contractual payment i.e the minimum payment or another payment after that as say a token payment
When was the default notice issued
When was the default placed on the credit file

As others have said, if you claim it is SB (which is the Limitations Act 1980 and not the statute of Limitations as mentioned by someone ) it is up to the claimant to show otherwise.

You do still have sometime to get your defence in so no massive panic

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Stu
I have re read your first post , I apologise in that I sometimes struggle to read compact print when I am wearing normal glasses
So the default is due to fall off in Nov sometime but the claim was 17/18th Sept?

Assuming no payments were made after the DN was issued that would be the safest bet as to when the limitations started so providing it was before 17th sept then you have a chance. I know a SAR takes up to 40 days but....you don't have to place your defence for another 14 days is after that the claimants have 28 days to respond and after that intakes time before you need to send in your witness statement so there is still time to send a SAR to Cap1 to establish when the last payments were made and when the DN was issued .

It would have been better if it had been sent at the outcome but all is not lost

[Stu]

Re: Today received a court claim **UPDATE**



- - - Updated - - -

This might as well be in hebrew....

[nemesis45]

Re: Today received a court claim **UPDATE**

Hello Stu responding to your PM.This is a standard letter ( really means we haven't got and documents),They are correct only documents specifically mentioned in the POC can be requested under CPR31.14. What did you actually request?Henemnem- - - Updated - - -This might as well be in hebrew....

Hello Stu responding to your PM

Nothing to worry about just a standard letter meaning they have no documents.

What did you request under CPR 31.14?

nem

[Stu]

Re: Today received a court claim **UPDATE**

Weightmans LLP
The Plaza, 100 Old Hall Street
Liverpool
L3 9QJ

Dear Sirs,
Claim Number: ********
Request for documents mentioned in a statement of case under CPR 31.14

On 18/09/2015 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 19/10/2015.

1. The credit agreement regulated by the Consumer Credit Act 1974 between myself and Capital One.
2. Notice of Assignemnt from Capital One to Cabot.
3. Copy of any formal demand before the claim was issued through the county court (Pre action protocol).
4. Full 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

Stu82

Exact copy i sent Nem minus account number and my name

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Stu
This was part of the bad advice that I was referring to yesterday. From what you wrote the only document they specified was the agreement and as FP noted this would be the only document that are mentioned can be requested.

This is where your defence will come in , you put the claimant to strict proof that the account was assigned to them, the account was defaulted . I can not tell you if you can resubmit a CPR 31.14 request and a CPR 18 request. Don't worry too much about their threats of costs.

[nemesis45]

Re: Today received a court claim **UPDATE**

Weightmans LLP
The Plaza, 100 Old Hall Street
Liverpool
L3 9QJ

Dear Sirs,
Claim Number: ********
Request for documents mentioned in a statement of case under CPR 31.14

On 18/09/2015 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 19/10/2015.

1. The credit agreement regulated by the Consumer Credit Act 1974 between myself and Capital One.
2. Notice of Assignemnt from Capital One to Cabot.
3. Copy of any formal demand before the claim was issued through the county court (Pre action protocol).
4. Full 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

Stu82

Exact copy i sent Nem minus account number and my name

Hello Stu,

Were all those requested documents actually in the POC?

Weightman's do like to complicate matters and make them more confusing!

It was the docs in para 2 they got in a huff about wasn't it? A lot of fuss
to show how important they think they are!!

The CCA to Cabot originally still goes unanswered?

nem

- - - Updated - - -

Weightmans LLP
The Plaza, 100 Old Hall Street
Liverpool
L3 9QJ

Dear Sirs,
Claim Number: ********
Request for documents mentioned in a statement of case under CPR 31.14

On 18/09/2015 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 19/10/2015.

1. The credit agreement regulated by the Consumer Credit Act 1974 between myself and Capital One.
2. Notice of Assignemnt from Capital One to Cabot.
3. Copy of any formal demand before the claim was issued through the county court (Pre action protocol).
4. Full 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

Stu82

Exact copy i sent Nem minus account number and my name

Hello Stu,

Were all those requested documents actually in the POC?

Weightman's do like to complicate matters and make them more confusing!

It was the docs in para 2 they got in a huff about wasn't it? A lot of fuss
to show how important they think they are!!

The CCA to Cabot originally still goes unanswered?

nem

[nemesis45]

Re: Today received a court claim **UPDATE**

Stu
This was part of the bad advice that I was referring to yesterday. From what you wrote the only document they specified was the agreement and as FP noted this would be the only document that are mentioned can be requested.

This is where your defence will come in , you put the claimant to strict proof that the account was assigned to them, the account was defaulted . I can not tell you if you can resubmit a CPR 31.14 request and a CPR 18 request. Don't worry too much about their threats of costs.

The " Bad Advice" it seems was given by Judge -Mental who put forward theories almost as bad as yours which complicated matters further!

[Stu]

Re: Today received a court claim **UPDATE**

Hi Nem the CCA has not been replied to other than the letter i showed and which had nothing to do with myself , the POC where and from the actual doc :-

[nemesis45]

Re: Today received a court claim **UPDATE**

Thanks Stu, that clears that up agreement and assignment only in the POC, it's
certainly not the drama some want to make it out to be and Weightman's despite
their " hissy fit" are " attempting " to get said documents anyway no harm done and
it's about time Weightmans earned their fees!

The CCA request is important here and by the wording of their POC I guess they are
struggling to get anything at all, that's why it is so vague.

nem

[FlamingParrot]

Re: Today received a court claim **UPDATE**

- - - Updated - - -

This might as well be in hebrew....

:lol: :lol: :lol:

In English, it means some of the documents you included in your CPR request were not mentioned in the particulars of claim and the CPR request is supposed to be only for documents mentioned in the particulars. I think they may be referring mostly to the formal demand which wasn't mentioned. What they are saying is that if you decide to apply to the court to force them to comply with your CPR Request, your application would be opposed and they would ask the court to make you pay their costs of opposing it.

To clarify, it is possible to ask the court to force them to comply with a CPR request by submitting an application commonly referred to as an unless order, however, in most cases, particularly those claims for less than £10k, people just submit a generic defence based on not having received any documents and don't bother with the application to enforce the CPR request. In that case you have nothing to worry about. :thumb:

Knowing Cabot, they won't be able to supply you with anything before your defence is due so you'd just submit the generic defence. In a nutshell, your CPR request went a bit further than it should have but it's not going to make much difference to the case. You may have copied that paragraph from another thread where it was relevant.

[FlamingParrot]

Re: Today received a court claim **UPDATE**

[MENTION=69750]stu82[/MENTION]

Sorry my inbox was full

You may try again now. :typing:

[FlamingParrot]

Re: Today received a court claim **UPDATE**

Re-posting from the Cabot thread to keep everything about this claim together on this thread:

@stu82 - the claimant is the unauthorised Cabot Financial (UK) Limited. :grin: See below:

Not sure how they can remedy this. It should feature in every defence if it's this version o Cabot that is being dealt with.

Clerical error ? On the assignment, various begging letters and on a claim form with a statement of truth ?

Somebody has seriously messed up and as far as i see this info should be brought to the attention of the claimant, claimants legal team, court, SRA and FCA in every single case.

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Stu

There are so many cock ups on this from their point of view .

Hope its going OK

[Stu]

Re: Today received a court claim **UPDATE**

Yeah, there is plenty to think about ...