Cabot county claim form received

[Fredag8]

Cabot court claim
I received a court claim today from the business centre at Northampton, this was from Cabot, Restons solicors. This is from an alleged Capital One account dating back to 2012 for a balance of 1700 but now 1900 with court fees. I dont recall having a capital one account but its possible. The date on the claim says 05/02/16 but i havent received it until today 16/02/16. I am concerned due to the little time I have left. I have written a CCA to Cabot to post tomorrow but im unsure with regards to how long I have left as i believe i have 14 days plus 5 but its taken 11 days to receive it. Any help would be much appreciated

[nemesis45]

Re: Cabot county claim form received

Hi welcome to LB.
Please first acknowledge service of the claim asap and state intention to defend ( do not enter a defence at this point)

Mention in the acknowledgment the date the claim was received 12 days from issue date is to long.
Please post a copy of the claim for after removing your name address and the claim Number.

Or type in the Statement of claim word for word.

nem

[Fredag8]

Re: Cabot county claim form received

I have took a photo and used paper to hide details i will try and upload if not i will type it. Thanks nem

[Kati]

Re: Cabot county claim form received

I have took a photo and used paper to hide details i will try and upload if not i will type it. Thanks nem

you could email it to me (with a link to your thread) if you want?? I'd happily upload it xx

[Fredag8]

Re: Cabot county claim form received

Hiya kati, thanks Ive just emailed you, i hope its right x

[Kati]

Re: Cabot county claim form received

Got it xx

[Fredag8]

Re: Cabot county claim form received

Also on the CPR request should the claimant have been restons or cabot?

[nemesis45]

Re: Cabot county claim form received

Also on the CPR request should the claimant have been restons or cabot?

CPR to Restons.

nem

[Fredag8]

Re: Cabot county claim form received

Oh no! I sent it to Restons but on the actual request i put the claimant as cabot

[nemesis45]

Re: Cabot county claim form received

Oh no! I sent it to Restons but on the actual request i put the claimant as cabot

The claimant is Cabot, Restons are the solicitors representing Cabot.

nem

[Fredag8]

Re: Cabot county claim form received

Thanks so much nem

[Fredag8]

Re: Cabot county claim form received

Just to update
I received a letter back from restons which said:
Dear xxxxx
We acknowledge receipt of your request made to pursuant to CPR 31.14
We would point out that the claim was issued via the CCBC which is a procedure specifically provided for in the CPR this procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of practice direction 7E specifically states "the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claim does not apply to claims started using an online claim forn, unless the particulars of the claim are served seperately in accordance with paragraph 5.2 of this practice direction"
We would also remind you that CPR 31.14 states
A party may inspect a document mentioned in
A statement of case
A witness statement
A witness summary
An affidavit
You would have been provided with a copy of the contractual terms and conditions at the time the account was opened hence we now see no reason why you require an additional copy
Furthermore the documents you have requested are not mentioned in the particulars of claim therefore CPR 31.14 does not apply.
Although your letter states that you require the requested documents in order to file a defence we point that the particulars of the claim contains sufficient information in order for you to understand what the claims relates to namely
The date account was opened
The account number
The outstanding balance
The name of the original creditor
The fact the account has been assigned to the claimant and when
We trust this clarifies this matter.

Any advice would be much appreciated or am i stuck?

[Ripped-Off]

Re: Cabot county claim form received

You would have been provided with a copy of the contractual terms and conditions at the time the account was opened hence we now see no reason why you require an additional copy
Furthermore the documents you have requested are not mentioned in the particulars of claim therefore CPR 31.14 does not apply. Although your letter states that you require the requested documents in order to file a defence we point that the particulars of the claim contains sufficient information in order for you to understand what the claims relates to

Perhaps they don't have the information you need and are simply trying to fob you off with legalese? I didn't think Part 31 applied to Small Claims, which presumably is where this is going.

Someone will no doubt correct me, but doesn't CPR Part 18 (Further Information) allow you to request the information. The Practice Direction is very clear that a party should give further information voluntarily; because to act otherwise would amount to a failure to co-operate with consequent cost penalties. Even if you had lost the contract, you are entitled to a replacement? You can't be expected to guess what clauses you have breached!

Perhaps you could refer them to Part 18 and threaten to make an application to the court for the information you need. Be careful though, I understand that you have to pay the appropriate fee for an application, but this ought to be recoverable if the court agrees that they have been uncooperative.

[nemesis45]

Re: Cabot county claim form received

OK

Restons Solicitors

Ref: CC Claim No: ..........

Re: CPR 31.14

Sir ?/ ? Madam

I refer to your letter dated................................ in reply to my request made under the provisions of Civil Procedure Rule 31 .14.

I remind Restons of the following points.

1. What documents ( if any ) I have received from any party in the past it totally irrelevant to this request which is for inspection of
documents mentioned in the particulars of claim which of course your client will intend to rely on in court.

2. My apologies foe requesting more information than the Rule allows for.

3. Therefore I require a copy of the Contract mentioned in the particulars of claim and a copy of the notice of assignment relevant to the
alleged debt.

I now expect to receive the requested document ( which your client should have in its possession before issuing this claim) by return of post.

Failure to comply with this request will be brought to the attention of the court.

Yours etc.

Use signed for post.

nem

[Noah]

Re: Cabot county claim form received

Perhaps they don't have the information you need and are simply trying to fob you off with legalese? I didn't think Part 31 applied to Small Claims, which presumably is where this is going.

Someone will no doubt correct me, but doesn't CPR Part 18 (Further Information) allow you to request the information. The Practice Direction is very clear that a party should give further information voluntarily; because to act otherwise would amount to a failure to co-operate with consequent cost penalties. Even if you had lost the contract, you are entitled to a replacement? You can't be expected to guess what clauses you have breached!

Perhaps you could refer them to Part 18 and threaten to make an application to the court for the information you need. Be careful though, I understand that you have to pay the appropriate fee for an application, but this ought to be recoverable if the court agrees that they have been uncooperative.

My understanding is that neither part 31 nor part 18 are applicable to the small claims track however, until it has been allocated it should still apply. It is , IMHO a disingenuous attempt by the solicitors to minimise their work load.
How many of us still have the original terms and conditions or agreements from credit cards often taken out many years ago
It really is not up to them to say what you do or do not have

I suspect that you are correct, they do not have the documents and are trying to fob you off