County court claim form received for debt that is being paid? Help please!

[Kuggyuk]

Re: County court claim form received for debt that is being paid? Help please!

Hi Di & all,
I sent the acknowledgement of Service form to the court on Saturday by First Class Signed For post as directed so today I am doing the letters to the creditor & solicitors but then this morning I received a non requested Statement of Account letter from Cabot showing the original agreement date was 27th February 2002 & which shows I have been making regular payments & on the last page it clearly states the following - YOU DON'T NEED TO DO ANYTHING, No action is required on your part but if you do have any questions or would like to discuss your current situation please call us, yours sincerely, Cabot Financial.

Surely this means I should not be being taken to court so I'm wondering should I call Cabot or would doing this jepardize my defence if I have one?

What are your thoughts on this guys?

Thank you,
Kuggy

[charitynjw]

Re: County court claim form received for debt that is being paid? Help please!

Hi Kuggy.

Never call (phone) them.....everything in writing (with proof of postage).

There is a live court claim in progress.
That is paramount.
Make sure that all court deadlines & instructions are adhered to.

[Kuggyuk]

Re: County court claim form received for debt that is being paid? Help please!

Hi Charitynjw,

thank you for your quick response, I thought I should not call Cabot but if I'm honest I'm not entirely sure what my defence is as I'm still paying the debt each month to this current day?
It is ok everyone saying to defend this but when it comes to the crunch what is my defence actually going to be?
I'm totally confused by all this!

Thank you,
Kuggy

[charitynjw]

Re: County court claim form received for debt that is being paid? Help please!

Lol!
If it was easy, everybody would be doing it!

In a nutshell.
Atm, defend claim in full.
Send the letters (CCA request, CPR 31.14 letter, SAR) to the appropriate places.
See what, if anything, comes back.
If nothing, your defence will be largely their failure to disclose evidence + CCA s78 sanction.
If you do get something sent, it can be checked for compliance.

Basically you are shaking the tree to see what, if anything, drops out.

[Kuggyuk]

Re: County court claim form received for debt that is being paid? Help please!

Hi all,

Can anyone tell me where to find a s 77-79 CCA please?

Thank you,
Kuggy

[charitynjw]

Re: County court claim form received for debt that is being paid? Help please!

Top of this thread (along with other templates)------> http://legalbeagles.info/forums/foru...-a-Court-Claim

[warwick65]

Re: County court claim form received for debt that is being paid? Help please!

Just for your info
The statement that Cabot have sent you is something they should do by law and has nothing to do with the claim what so ever- although it might mean you can not use the lack of annual statements in your defence.

As Charity says , carry on with the court process and timeline.

As it is such a large amount I really think you need to get some legal advice as I have already said. As [MENTION=87380]Diana M[/MENTION] has said, the fact it is cabot financial (uk) really is a good point for your defence but I do not know how to argue it- I believe that Di's firm have had some success with the unlicensed argument - not sure about other firms so I can not say


It is a sad but true fact that a creditor can take you to court even if you are making regular payments

[Kuggyuk]

Re: County court claim form received for debt that is being paid? Help please!

Thanks for your input guys!

[Kuggyuk]

Re: County court claim form received for debt that is being paid? Help please!

Hi Guys,

Particulars of claim
The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an assignee of the following debts,, notice of assignment having been given to the defendant in writing.
Halifax Credit Card Account No ---- £11,570.51. Despite demands for payment, the above sums remain due.
The claimant therefore claims the sum of £11570.51, interest under a.69 County Courts Act 1984 and costs.

I'm just printing off a s 77-79 CCA to send to Cabot but am a little confused as to what I need to enter in the particulars of claim section as copied below



NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand


Can anyone tell me which of the four I should be asking Cabot to provide please?

Thank you,
Kuggy

[Amethyst]

Re: County court claim form received for debt that is being paid? Help please!

The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an assignee of the following debts,, notice of assignment having been given to the defendant in writing.
Halifax Credit Card Account No ---- £11,570.51. Despite demands for payment, the above sums remain due.
The claimant therefore claims the sum of £11570.51, interest under a.69 County Courts Act 1984 and costs.


Just the agreement and notice of assignment there xxx

[warwick65]

Re: County court claim form received for debt that is being paid? Help please!

The CCA (S77-79 ) request which is what you asked about is just the standard template
http://legalbeagles.info/library/gui...etter-example/

The Cpr 31.14 request
http://legalbeagles.info/library/gui...-of-documents/

For that youy would be asking for the agreement and notice of assignment but I would also ask for the Deed of assignment because they do sort of mention it
[MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] any chance of moving this to the right forum

- - - Updated - - -

The CCA (S77-79 ) request which is what you asked about is just the standard template
http://legalbeagles.info/library/gui...etter-example/

The Cpr 31.14 request
http://legalbeagles.info/library/gui...-of-documents/

For that youy would be asking for the agreement and notice of assignment but I would also ask for the Deed of assignment because they do sort of mention it
@Amethyst @Kati any chance of moving this to the right forum

Remember , S77-79 request to cabot and CPR request to solicitors

[warwick65]

Re: County court claim form received for debt that is being paid? Help please!

Can I just add
This is such a large claim and you could get a no win no fee
If that is the case your solicitor will do much better cpr31.14 and part 18 requests than I could ever manage.