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Hi I received a county court claim form from Northampton county court from restons solicitors working on behalf of cabot financial on Christmas eve dated 22 dec 2015.
So far I have sent a cpr 31.14 to restons, and a CCA letter to cabot both signed and recorded and have also got there signatures to say they received the letters. Letter were sent on the 29th dec 15 and received on 30 dec 15. I have also acknowledged the service with the court and said I wish to defend the claim in full.
I have received only one letter from cabot since for a different debt which was a statement of account this was dated 19th dec 15 but only received it on 06/01/16 this week.
Today I have received a letter from restons dated 07/01/16 syaing the following
Dear Sir
Cabot Financial (UK) Limited v. My name
Please find enclosed a draft letter which purports to come from you but which is unsigned.
You will appreciate that we must ensure we are corresponding with the correct person and that anymore requesting information is entitled to receive it
Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.
Yours faithfully
there signature
There name
- - - Updated - - -
Heres my letters I sent
MYNAME AND ADRESS HERE
CABOTFINANCIAL (UK) LIMITED
1KINGS HILL AVENUE
KINGSHILL
WESTMALLING
ME194UA
Date:29/12/2015
DearSirs,
Reference:a/c no XXXXXXXXXXXXXXXX
I hereby formally request a copy of my Consumer Credit Agreement,pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine,together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request,within the statutory time limit (12 + 2 days).
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement,you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
Ialso remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
1.a copy of their agreement
2.copies of some of the other documents mentioned in their agreement
3.a statement of account
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
1.make the debtor pay the debt before they're supposed to
2.get a court judgment against the debtor
So,in line with these (FCA CONC) guidelines, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee to request any such documentation regards this account - note that these funds are not to be used for any other purpose.If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course,and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority.
Yours faithfully
MY FULL NAME HERE
MY NAME AND ADDRESS HERE
RESTONS SOLICITORS LIMITED
TRINITY CHAMBERS
800 MANDARIN COURT
WA11GG
Date:29/12/2015
Dear Sirs,
Re: RESTONS SOLICITORS LIMTED) v (MY NAME) Case No:
CPR31.14 Request
On23/12/2015 I received a Claim Form from the Northampton Bulk Processing Centre and can confirm that I have returned the acknowledgement of service to the court in which I indicate my intention to defend the whole claim.
Attached with this request is a formal request under the Consumer CREDIT Act(s.77-79) for production of the agreement mentioned in the Claim Form and on which you rely.
Please treat this letter as a formal request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:
1.The Agreement & any associated Terms & Conditions applicable to the ACCOUNT;
2.The Notice of Assignment;
3.The Termination Notice;
4.The Default Notice
5.Any other documents mentioned in the Particulars of Claim
You should ensure compliance with your CPR 31 duties and ensure that THE DOCUMENTS I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have aright to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification,obliteration or other marking or feature, each version will be a SEPARATE DOCUMENT and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
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.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
To make matters easier I am formally requesting a 28 day extension in line with CPR 15:5 which states;
(1)The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4
shall be extended by up to 28 days.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.
Yours faithfully,
MY FULL NAME HERE
I didn't want to give them a true signature as Ive heard this can be copied and pasted so I just printed my name
So far I have sent a cpr 31.14 to restons, and a CCA letter to cabot both signed and recorded and have also got there signatures to say they received the letters. Letter were sent on the 29th dec 15 and received on 30 dec 15. I have also acknowledged the service with the court and said I wish to defend the claim in full.
I have received only one letter from cabot since for a different debt which was a statement of account this was dated 19th dec 15 but only received it on 06/01/16 this week.
Today I have received a letter from restons dated 07/01/16 syaing the following
Dear Sir
Cabot Financial (UK) Limited v. My name
Please find enclosed a draft letter which purports to come from you but which is unsigned.
You will appreciate that we must ensure we are corresponding with the correct person and that anymore requesting information is entitled to receive it
Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.
Yours faithfully
there signature
There name
- - - Updated - - -
Heres my letters I sent
MYNAME AND ADRESS HERE
CABOTFINANCIAL (UK) LIMITED
1KINGS HILL AVENUE
KINGSHILL
WESTMALLING
ME194UA
Date:29/12/2015
DearSirs,
Reference:a/c no XXXXXXXXXXXXXXXX
I hereby formally request a copy of my Consumer Credit Agreement,pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine,together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request,within the statutory time limit (12 + 2 days).
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement,you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
Ialso remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
1.a copy of their agreement
2.copies of some of the other documents mentioned in their agreement
3.a statement of account
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
1.make the debtor pay the debt before they're supposed to
2.get a court judgment against the debtor
So,in line with these (FCA CONC) guidelines, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee to request any such documentation regards this account - note that these funds are not to be used for any other purpose.If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course,and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority.
Yours faithfully
MY FULL NAME HERE
MY NAME AND ADDRESS HERE
RESTONS SOLICITORS LIMITED
TRINITY CHAMBERS
800 MANDARIN COURT
WA11GG
Date:29/12/2015
Dear Sirs,
Re: RESTONS SOLICITORS LIMTED) v (MY NAME) Case No:
CPR31.14 Request
On23/12/2015 I received a Claim Form from the Northampton Bulk Processing Centre and can confirm that I have returned the acknowledgement of service to the court in which I indicate my intention to defend the whole claim.
Attached with this request is a formal request under the Consumer CREDIT Act(s.77-79) for production of the agreement mentioned in the Claim Form and on which you rely.
Please treat this letter as a formal request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:
1.The Agreement & any associated Terms & Conditions applicable to the ACCOUNT;
2.The Notice of Assignment;
3.The Termination Notice;
4.The Default Notice
5.Any other documents mentioned in the Particulars of Claim
You should ensure compliance with your CPR 31 duties and ensure that THE DOCUMENTS I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have aright to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification,obliteration or other marking or feature, each version will be a SEPARATE DOCUMENT and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
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.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
To make matters easier I am formally requesting a 28 day extension in line with CPR 15:5 which states;
(1)The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4
shall be extended by up to 28 days.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.
Yours faithfully,
MY FULL NAME HERE
I didn't want to give them a true signature as Ive heard this can be copied and pasted so I just printed my name
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