Cabot , claim problems,,,,,, help needed

[swansea jack]

HI GUYS NEED SOME HELP ,IN TRYING TO SORT OUT RESPONSE
TO particulars of claim

Hi guys had claim issued agaiNst me from CABOT
ISSUED THROUGH CCBC NORTHAMPTON ON 9 JUNE 2017
….………………………………………………………………………
I HAVE ACKNOWLEDGED CLAIM
BIT STUCK ON HOW TO REPLY TO THIS..


It mentions credit card but no account number
How can I ask for CCA agreement with out account number, do I ask cabot for CCA agreement

Also I am at loss how to word / what to write regards CPR31.14 REQUEST FOR this…

Many thanks s jack

[swansea jack]

Re: Cabot , claim problems,,,,,, help needed

particulars of claim,,,,,,,,,,,,,,,,,,,,,,

[swansea jack]

Re: Cabot , claim problems,,,,,, help needed

I am looking to send this,

don’t know what else to ask for?


Request for documents mentioned in a statement of case under CPR 31.14

On ,09/06/2017 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 .
1. Agreement
2. Assignment

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.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1.

I look forward to hearing from you.

Yours sincerely
.................................................. .................................................. .................................................. ............................


they dont mention a great deal in thier POC ?

HI GUYS, can someone have a look at this going to send this out tommorow

many thanks
s.jack

[swansea jack]

Re: Cabot , claim problems,,,,,, help needed

MY CCA REQUEST ..........DOES IT LOOK OK

I am writing to request a copy of the credit agreement for the above account under sections 77−79 of the Consumer Credit Act 1974, as well as a copy of the terms and conditions that were applicable to the account at the time I took out my agreement (started 01/04/1996), as I no longer have a copy and would like to check some of the details. I would also like to request a statement of account.
If it is your view that you are not the creditor, I would like to refer you to the following Sections of the Consumer Credit Act 1974:
· In the case of a simple assignment, Section 175 states the following:
“Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.”
· In the case of an absolute assignment, you are the creditor as defined by Section 189:
“‘creditor’ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law”
Please find attached my £1 payment to cover the statutory fee; this payment is not to be used for any other purpose or credited to the account. If you are unable to comply with this request, you should confirm this in writing at the earliest opportunity and return the fee.
I look forward to a response within 12 working days.
Yours faithfully,