Country court claim form from county court business centre help!

[Lsfranklin88]

Hello,

I recieved a county court claim form this morning from Cabot Finance. The address for sending documents is Restons Socilitors.

I have no idea what this debt is for, it says capital one but I cannot remember any card with them. It says a contract dated on or about 17 November 2008.

I have seen you can send letters to request the information, if you could please let me know how I go about this it would be hugely helpful as not 100% sure what I am doing.

Thank you.

[Kati]

Re: Country court claim form from county court business centre help!

Good morning to LB.
Amethyst lays out your first steps perfectly in the quote here:

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.

IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

and you can check the dates for your defence deadline here - http://www.timeanddate.com/date/dateadd.html

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Hi,

Just to double check, I have completed step 1.

I believe step 2 should be sent to Cabot and step 3 should be sent to Restons solicitors as per the claimant and address for sending documents and payments (if different) on the claim form. Also is this 7 days (calendar) or 7 working days, just with the bank holidays coming up. I have used the templates as specified in your post, thank you very much.

Any confirmation, or information would be much appreciated as I would like to send these first thing tomorrow via recorded delivery.

[nemesis45]

Re: Country court claim form from county court business centre help!

Hi,

Just to double check, I have completed step 1.

I believe step 2 should be sent to Cabot and step 3 should be sent to Restons solicitors as per the claimant and address for sending documents and payments (if different) on the claim form. Also is this 7 days (calendar) or 7 working days, just with the bank holidays coming up. I have used the templates as specified in your post, thank you very much.

Any confirmation, or information would be much appreciated as I would like to send these first thing tomorrow via recorded delivery.

Yes correct, CCA request to the claimant £1 statutory fee payable. CPR 31.14 to solicitors (no fee).

nem

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Thank you for the CPR 31.14, in the Particulars of claim they state:

"the claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 17 2008 and assigned to the Claimant.

PARTICULARS a/c no XXXXXXX

Date: 03/12/2015 Default Balance 1652.30
Post Refrl Cr NIL
TOTAL 1652.30"

Based on the information above, can i only ask for a copy of "the contract"? Or is there anything else i should be asking for?

Thank You

[nemesis45]

Re: Country court claim form from county court business centre help!

Thank you for the CPR 31.14, in the Particulars of claim they state:

"the claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 17 2008 and assigned to the Claimant.

PARTICULARS a/c no XXXXXXX

Date: 03/12/2015 Default Balance 1652.30
Post Refrl Cr NIL
TOTAL 1652.30"

Based on the information above, can i only ask for a copy of "the contract"? Or is there anything else i should be asking for?

Thank You

Good morning,

The Contract and the notice of assignment.

nem

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Hello,

Thank you for all you help so far.

I sent the CCA request to Cabot financial on 30/12/15 and I was recieved on 30/12/15. Based on the within 12 working days it is expected on the 18/1/16. I have to file my defence before 16:00 on 19/1/16, so was wondering if anybody could provide some clarity on if the requirement is to send the documents on the 18/1/16 or to be recieved before this date.

I sent the CPR request to Restons Solicitors on 30/12/15 and it was recieved on 4/1/16, so is due to be recieved by 11/1/16. So far I have recieved nothing, if I do not recieve it by 11/1/16 is there anything further I should do?

Thank you again for your help with this matter so far.

Leigh-anne

[Stu]

Re: Country court claim form from county court business centre help!

As the time scale would leave you to short to file a defence with the lack of CPR write to the solicitors and ask for a 28 day extension, if they agree notify the courts in writing as soon as possible even send an email but a letter is a must and send recorded... However if they decline ensure you make it known in your defence of the decline .... Chase up the the CPR after the 7 days but dont chase the CCA...

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

To chase up the CCA, is there a template letter anywhere? If not would someone be able to tell me what I should include.

Also should I send the chase up letter Monday once the post has been (as I think it should be with me within 7days) or should I allow a couple of days for a letter to be recieved.

I have had a look through the threads, and cannot find anything about it. But similar to me sending the letters by recorded delivery to ensure they arrive and there is proof do the solicitors and claimants do the same?

Thank you for your help stu82

[nemesis45]

Re: Country court claim form from county court business centre help!

To chase up the CCA, is there a template letter anywhere? If not would someone be able to tell me what I should include.

Also should I send the chase up letter Monday once the post has been (as I think it should be with me within 7days) or should I allow a couple of days for a letter to be recieved.

I have had a look through the threads, and cannot find anything about it. But similar to me sending the letters by recorded delivery to ensure they arrive and there is proof do the solicitors and claimants do the same?

Thank you for your help stu82

There is no point in chasing a CCA request, if the claimant has failed
to comply within the statutory timescale the debt is rendered unenforceable
Until the agreement is supplied.

Yes chase the CPR template in the forum library.

nem

[Stu]

Re: Country court claim form from county court business centre help!

To chase up the CCA, is there a template letter anywhere? If not would someone be able to tell me what I should include.

Did you meen CPR as you dont chase the CCA only the CPR

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Hello,

Yes I did mean the CPR, not the CCA. Sorry for the confusion!

[Stu]

Re: Country court claim form from county court business centre help!

Say something like, in view of the fact they've not supplied you with the paperwork you need to assess your situation and prepare a defence, which they should have had in their possession before issuing a claim, would they kindly agree to a 28 day extension as allowed by CPR 15.5. You can do this by email and chase up over the phone if necessary but personally I would go with a recorded delivered letter, then if they agree, you need to inform the court in writing, which is a must.....

[nemesis45]

Re: Country court claim form from county court business centre help!

Hello,

Yes I did mean the CPR, not the CCA. Sorry for the confusion!

Use the template from the forum library for the CPR request.

nem

[Stu]

Re: Country court claim form from county court business centre help!

Use the template from the forum library for the CPR request.

nem

They have already sent the CCA/CPR requests out Nem Lsfranklin is asking for a responce to send to the Solicitors for the non compliance of the CPR...