Response to CCA request

[alilow]

I sent Cabots a cca request which they received on 8/1/16. They have not replied to my request. Today I received the following letter from their solicitors Restons: "The court has served us with a copy of the defense you filed whereby you state that you require more time to compile your defense as you have no previous knowledge of this claim. However at the time of entering into the credit agreement with capital one you would have been provided with a copy of the credit agreement together with the applicable terms and conditions. Furthermore capital one would have sent statements of account to you on a monthly basis throughout the lifetime of the credit card facility. Such statements would have identified any items of expenditure, payments made towards the account and the application of contractual interest/charges"
Can anyone advise me how to respond to this
Thanks
Alilow

[Noah]

Re: Response to CCA request

I think you will need to give some more details such as
When was the card taken out
When was the card defaulted
When was the last payment made
How much is the claim for
The date of the claim and your actions so far

[alilow]

Re: Response to CCA request

Ok thanks, the card was taken out in 2004 and the last payment made was in january 2010. The claim is for 400 pounds and I have asked the court for time to compile my defense.

[Noah]

Re: Response to CCA request

I am sure that sopmeone will help but my understanding is that it is the claimants solicitors that have to agree

If you acknowledfge the claim online you have 33 days from the date of claim to submit your defence .

How far along that route are you?

It seems like a typical solicitoir response that you have

[alilow]

Re: Response to CCA request

I sent the CCa request to Cabots and they received it on 8/1/16 but have not responded to it. I have asked the Court for more time to form my defence but I don't know what to do next. Can anyone help please

[nemesis45]

Re: Response to CCA request

I sent the CCa request to Cabots and they received it on 8/1/16 but have not responded to it. I have asked the Court for more time to form my defence but I don't know what to do next. Can anyone help please

Good afternoon [MENTION=77949]alilow[/MENTION] responding to your PM.s
Have you posted the letter from Restons?

nem

[alilow]

Re: Response to CCA request

Hi nem thank you for getting back to me. I've copied the paragraph relating to my cca request from Restons above but I'm not to sure how to post the letter itself
thanks alilow

[Kati]

Re: Response to CCA request

Hi nem thank you for getting back to me. I've copied the paragraph relating to my cca request from Restons above but I'm not to sure how to post the letter itself
thanks alilow

you could email a picture of it to me (kati@legalbeagles.info) and I'll post it for you??

[alilow]

Re: Response to CCA request

Ok I'll do that this evening thankyou

[nemesis45]

Re: Response to CCA request

you could email a picture of it to me (kati@legalbeagles.info) and I'll post it for you??

Thank you Kati.
nem

[nemesis45]

Re: Response to CCA request

Hello sorry I missed this.

Cabot nonsense again.

So a reply.

Ref: Use theirs as on the letter.

The Compliance Department
Cabot

Sir /Madam,

I refer to your letter dated............................ in response to my request made under the provisions of sections 77/78
of CCA 1974.

I am sure Cabot is fully is fully aware that what may or may not have been supplied by any party in the
past is irrelevant to my lawful request.
One can only conclude that the response is intended to avoid supplying the requested documents.

I now require Cabot to provide the documents requested by return of post or to confirm in writing
that it is not in possession of said documents and is therefore unable to enforce the alleged debt.

Failure to comply will also result in copies of the letters received from Cabot bein attached to a report
to the FCA on the conduct of Cabot in this matter.

Signed for post

[Noah]

Re: Response to CCA request

I will try to be more diplomatic

Surely the case here is to sort out the progress of the claim and see where the poster is at

At the moment if no defence is entered and there is no consent from the solicitor then surely a judgement will be granted.
How long is left before the 33 days are up?
Is there time to sort out an extension

Yes sure take on the solicitors but that needs to be done while watching the time scale

Surely a defence of not supplying documents and no section 78 is enough for now , get that defence in

[Amethyst]

Re: Response to CCA request

Indeed. If the claimant hasn't responded to your CPR 31.14 letter with a clear statement that they agree to an extension to your defence date pursuant to CPR 15.5 then you must put your defence in. I can't see what date your claim was issued, If you received it a couple days before sending the CCA request then your defence would likely need to be in by around the 3rd/4th Feb - but that's pure guessing so could you check your claim form for the issue date and let us know pls.

No harm in writing so long as you don't sit on your hands waiting for a reply and keep an eye on the dates...

[alilow]

Re: Response to CCA request

Thanks guys, I have put in a defence with the Court stating that I have sent my CCA request to Cabot as I had no previous knowledge of the matter. The Court has replied saying that Restons have 28 days to respond. Should I let the Court know that Cabot has failed to respond to the CCA request?

[nemesis45]

Re: Response to CCA request

Thanks guys, I have put in a defence with the Court stating that I have sent my CCA request to Cabot as I had no previous knowledge of the matter. The Court has replied saying that Restons have 28 days to respond. Should I let the Court know that Cabot has failed to respond to the CCA request?

Ali, you must follow the court process, otherwise you could miss important points and end up with a judgement by default.
Everything you intend to use in defence must be properly submitted in a defence an later a witness statement.
Odd bits of information will not be taken into account.
I'm sorry to say I think you have been a bit too quick to enter the defence.

nem