**DISCONTINUED!!** Forgotten debt

[oddball]

Re: Forgotten debt

Now I'm really confused. Diana gave links in her no. 22 thread to both letters the CAA gives 12 days to respond yet the CPR says 7 days, are these both correct?

[MIKE770]

Re: Forgotten debt

CCA1974 is 12+2 days for postage then unenforceable until one supplied & enforceable/unenforceable


CPR31.14 is court process form to solicitors and the days mentioned by Di, note:- a lot of these so called solicitors push the limits to near fraud, they can/must if not supplied have to further down the line. and get away with it but at that point they will respond as they will not want to break court process

look around other peoples threads you will see the system in place and responses if any from solicitors/courts, some of these request can be delayed and do by some solicitors until further down the court process, some solicitors try and fool you stating case on hold whilst they obtain documents mentioned. BUT always remember the court tells you next step not solicitors so always respond to court instructions.

[Diana M]

Re: Forgotten debt

Now I'm really confused. Diana gave links in her no. 22 thread to both letters

No Diana didn't

That was Mike770's post (# 22)

| CCA Request || CPR 31.14 Request

Diana

[oddball]

Re: Forgotten debt

Sorry Diana, yes it was Mike's post.

Posted CCA and CPR requests today 1st class signed for. Shall I send a request to Halifax, any special forms for that?

[oddball]

Re: Forgotten debt

Hi, Update on this, bewildering me a bit. Both letters posted 16 November (I only asked for the Agreement), no reply yet from Cabot but today I received one from the solicitors Mortimer Clarke acknowledging my request for documents pursuant to Section 77-79 of CCA nd to CPR 31.14. I'll copy type the rest of the letter :

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the Court in writing of the agreement (I dont have to do that do I?)
CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. In relation to your CCA request, we have asked our client to provide the documentation you require and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken.

Any idea what all that means? In first para their talking about the 28 days extention - do I have to tell the Court that, thought it was normal procedure? Then last para they say it's on hold?

Many thanks in anticipation of someone replying. Oh forgot to mention, I didn't bother writing to Halifax - thought it might help them out if I got them fishing for it.

[charitynjw]

Re: Forgotten debt

Hi, Update on this, bewildering me a bit. Both letters posted 16 November (I only asked for the Agreement), no reply yet from Cabot but today I received one from the solicitors Mortimer Clarke acknowledging my request for documents pursuant to Section 77-79 of CCA nd to CPR 31.14. I'll copy type the rest of the letter :

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the Court in writing of the agreement (I dont have to do that do I?)
Yes, you do.

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.
It makes no difference, & is none of their business, what may have been sent to you in the past, or who may have sent it.
CPR 31 clearly states that you have the right to inspect any documents stated in the Particulars of Claim.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection.
I'll bet they would be grateful; if you did this, you'd be doing their job for them. I wouldn't, that's for certain!

We will then take our client's instructions.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. In relation to your CCA request, we have asked our client to provide the documentation you require and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken.
The court's timetable is paramount. If you wish to accept the 28 day extension, you must inform the court.
Then recalculate your court deadlines accordingly.

Any idea what all that means? In first para their talking about the 28 days extention - do I have to tell the Court that, thought it was normal procedure? Then last para they say it's on hold?
Their 'on hold' is meaningless as far as the court schedule is concerned.

Many thanks in anticipation of someone replying. Oh forgot to mention, I didn't bother writing to Halifax - thought it might help them out if I got them fishing for it.
Why exactly were you going to contact Halifax?

####

[oddball]

Re: Forgotten debt

####

Thanks for your swift reply Charitynjw, re your comment about helping them out - that's what I thought.
Post no. 14 suggested that I contact Halifax to see if they have the Agreement which would be about 16yrs old and I thought, why should I start them looking for it.

I'm baffled over this 28 days thing though, I thought that after sending the acknowledgement to the Court I automatically get 28 days from the date of the Claim (ie 7th November + 5 + 28 ). ??

So if you say I do have to write to the Court about the 28 days, is there any special format in which I should put the letter please?
And should I respond to this letter MC have sent me telling them that I don't have any documents which is why I asked for them?
Many thanks

[charitynjw]

Re: Forgotten debt

Thanks for your swift reply Charitynjw, re your comment about helping them out - that's what I thought.
Post no. 14 suggested that I contact Halifax to see if they have the Agreement which would be about 16yrs old and I thought, why should I start them looking for it.
If you can get info from Halifax, do so & use it to compare with whatever Cabot or MC might send.
A SAR to Halifax might unearth it for you, even if it is old.

I'm baffled over this 28 days thing though, I thought that after sending the acknowledgement to the Court I automatically get 28 days from the date of the Claim (ie 7th November + 5 + 28 ). ??
& now, if you should want or require it, an opportunity for a further 28 days.
As you've offered & they've accepted, probably best to go ahead with it.

So if you say I do have to write to the Court about the 28 days, is there any special format in which I should put the letter please?
No special format; you could email the court - Cabot v odball, court claim no. XXXXXXXX in subject box, advising that yourself & Claimant have agreed a 28 day extension to the defence deadline, with a copy of their letter as an attachment.
Similarly with land mail. covering letter + attach a copy of the Claimant's.
With land mail, get proof of postage.
And should I respond to this letter MC have sent me telling them that I don't have any documents which is why I asked for them?
I wouldn't, if it were me.
Many thanks

####

[oddball]

Re: Forgotten debt

Aah so its an extra 28 days - thank you so much for clarifying that for me, and also the details about advising the Court. I would dearly love to write to MC outlining that I'm not a complete idiot but will follow your advice - much appreciated.

[charitynjw]

Re: Forgotten debt

I would dearly love to write to MC outlining that I'm not a complete idiot but will follow your advice - much appreciated.

I suspect you might get involved in letter tennis if you did answer.
& imho they should have all the info on a court claim before they issue it!

[oddball]

Re: Forgotten debt

Should I only ask for the Agreement or for any other info they might have on me?
Update, have just contacted Halifax and the address is (if anyone else wants it)
Data Subject Access Request team, Drop Zone C41, Charlton Place, Charlton Road, Andover, Hants SP10 1RE TNT25 with £10 fee.

Really not too sure if I should ask for any Agreements they have with me? (they shouldn't have any) or should I mention the original creditors name ie Capital One bank ?

[oddball]

Re: Forgotten debt

bump

[oddball]

Re: Forgotten debt

bump

Good morning, could someone please tell me what to put in the SAR? (re Halifax who bought the cc debt from COB)

Should I only ask for the Agreement or for any info they might have on me and should I mention the name of the original cc company?
Just seems I'm loading them up with info which they could falsify and might use against me, so really unsure whether to tell them that and the dates?

Many thanks for any advice offered

[charitynjw]

Re: Forgotten debt

http://legalbeagles.info/forums/show...ur-information

This should give you all your personal data which they hold (in any format).

[oddball]

Re: Forgotten debt

Thank you Charitynjw. I have looked everywhere to see if I should post 'signed for' or just obtain proof of posting but cant see any advice on that bit?