** DISCONTINUED / settled in part ** Crying for help ! Please!

[Shann23]

Re: Crying for help ! Please!

I sent the CCA request to the Claimant "Cabot" and CPR request to the Solicitors , I enclosed a copy of my CCA letter to them and endorsed it as a copy letter to Cabot.

[Shann23]

Re: Crying for help ! Please!

okay I will do another letter (uhmm .. what letter?! [MENTION=6]Amethyst[/MENTION] [MENTION=81301]micro[/MENTION] 🤔 )
[MENTION=3599]MIKE770[/MENTION] yes I will follow the court instructions thank you ☺️

[Diana M]

Re: Crying for help ! Please!

I sent the CCA request to the Claimant "Cabot" and CPR request to the Solicitors , I enclosed a copy of my CCA letter to them and endorsed it as a copy letter to Cabot.

If you've sent a CCA Request to the Claimant (Cabot) and a CPR 31.14 Request to their solicitors (Mortimer Clarke) then you have no need to reply to that letter.

If they want to know what documents you've got in your possession they can jolly well make an application to the court for disclosure. They may struggle to achieve that since this is a £500 claim in the Small Claims Court.

They're hoping you'll hand over the documents which they haven't got and may never get, and know that they can't enforce the debt in court without them.

The letter says "to avoid duplication". What duplication? How can they duplicate a document in your possession if they haven't got it in their possession.

Nice try

Di

[Shann23]

Re: Crying for help ! Please!

Hi Di, so shall I just ignore the letter and prepare my defence? my defence need to be done on the 10th Dec but I know better to do it at least 3 days before that.

[Diana M]

Re: Crying for help ! Please!

shall I just ignore the letter and prepare my defence?

That has to be your decision.

But if I received that letter I wouldn't reply. You don't have to reply to everything except court stuff.

You should be glad they sent it though because it (a) acknowledges receipt of your s.78 CCA Request and (b) admits that they don't have the documents. It also appears to refer to receipt of your CPR 31.14 Request.

That may become a useful exhibit further down the line. Keep it safe

Di

[Diana M]

Re: Crying for help ! Please!

it said though that "We believe you already "inspected" the documents to which you make reference because various dates in the past they would have been sent you by another party such as the original creditor. . . . This firm does not hold the documentation you have requested

Maybe I should add don't tell them what you haven't got either.

If they think you haven't got a copy of the DN or NOA or CCA then they may feel free to reconstitute one (because they don't have one of their own) in the belief that you'll never know their recreation is flawed if you've not got a "duplicate" one to compare it with.

If you don't recall receiving these documents from the original creditor then you can tell them that in your Defence and not a minute before.

A solicitor's response to a letter like that would be "we don't litigate through correspondence"

Di

[Shann23]

Re: Crying for help ! Please!

yes Di I see your point thanks ☺️ .. so yeah I guess I'll just get ready for my defence.. 😊

[Shann23]

Re: Crying for help ! Please!

Hi there,
I received a letter today from Cabot ..
" I acknowledge receipt of your request under sections 77-78 of the Consumer Credit Act 1974. However , I have been unable to locate your account under the details you have provided. I have therefore returned your £1 fee with this letter. Therefore I respectfully request that you obtain a correct Cabot reference number and forward it to us in order for your request to be actioned. In the mean time we thank you for your cooperation."


Strange?? 🙄

[Shann23]

Re: Crying for help ! Please!

Do I need to send them another letter?!

[Diana M]

Re: Crying for help ! Please!

Post # 22

Dear Sir/Madam

Re:− CLAIM NUMBER:

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to . . . .

^ ^ ^ ^ did you put the county court claim reference number on your CCA Request?

That could be the problem.

If so you need to re-send with the Cabot reference number on it.

Di

[Shann23]

Re: Crying for help ! Please!

yes I did put the Claim number with (Cabot VS my name) ?! yes I will send them the letter again tomorrow .

[Shann23]

Re: Crying for help ! Please!

I will send them the letter again tomorrow.. is it a good idea to attach a copy of the claim form or the letter from the solicitors? Thanks Di.. 😊

[Diana M]

Re: Crying for help ! Please!

I will send them the letter again tomorrow.. is it a good idea to attach a copy of the claim form or the letter from the solicitors?

No just send the CCA Request with nothing attached to Cabot. Make sure you get proof of posting.

Di

[charitynjw]

Re: Crying for help ! Please!

[MENTION=87380]Diana M[/MENTION]

I would be incandescent if, having taken out a court case against me, the Claimant couldn't (or couldn't be bothered to, more like!) identify a request via the court ref number.
Even if they send out thousands of them, it smacks of lack of respect to the courts.
Do they really think that 'a correct Cabot reference no.' takes precedence.
Arrogant gits!

[Shann23]

Re: Crying for help ! Please!

Thanks again Di, and [MENTION=5553]charitynjw[/MENTION] I think they just want "more time" to that 12+2 days?!🤔😕