Cabot/? claimform - 3 'cap1-citi-vanquis merged credit card 'debts' **discontinued**

[colinsunderland]

Hi all

 

Last week I got a claim from cabot relating to 3 accounts I held with 3 different credit card companies.

 

Now I can't actually remember ever actually getting any letters from cabot relating to anything at all, so that was a surprise that they were dealing with the debts.

 

Anyway, I sent off a letter to them the following day requesting disclosure (used the letter on here), and also 3 seperate letters requesting the agreements, enclosing the £1 fee x 3.

 

Today I got the cheque returned saying they don't have to supply the CCA'a but have requested them from the 3 credit card companies, which is what I was expecting to happen.

 

However, another letter arrived, only relating to one of the three accounts, regarding disclosure.

 

They have refused this request saying I have to apply for it using a subject access request and on payment of the £10 fee they will supply the information.

 

So I'm a bit stuck as to what to do now. Obviously I need to file a defence, shall I do something up just saying I can't file a defence as cabot have refused to disclose any information as per my request, should I write back to them or what?

 

Any help would be appreciated

 

Thanks in advance.

Edited September 5, 2009 by colinsunderland

[creditcardmug]

Hi welcome, need a bit more to go on, can you post up the particulars of claim for starters, remove any personal details

[colinsunderland]

wow that was quick thanks

 

Particulars of claim

 

The claimant is part of the cabot financial group and has purchased the debt(s) scheduled below.

Despite requests for payment the Defendant has failed to pay the sum of 6428.74 in relation to the defendant's Citifinancial classic card account number xxxxxx, capital one credit card account number xxxxxx, vanquis bank credit card account number xxxxxx, and the claimant claims : the sum of 6618.74 together with interest under section 69 of the county courts act 1984 and costs.

 

Signed by cabot financial (uk) limited

[creditcardmug]

Ok, what is the date on the claim form and which court was it issued in?

You say you sent a letter requesting disclosure, was this a request under the civil procedure rules?

[colinsunderland]

17th July 2008

Northampton CCBC

 

The letter I sent was the one from here starting

 

I have received the Court claim filed by your Company (Claim no xxxxxxxxxx).

 

To enable me to file a defence and possible counter-claim, I require specific information regarding the account to be provided forthwith.

 

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

Please provide the requested information by the 5th August, which gives you 10 working days to respond.

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

this was the reply

 

Edited July 25, 2008 by colinsunderland

[creditcardmug]

Yes that letter is ok, the cca requests are pointless at this stage, under the cpr are they should provide the documents without charge,

Have you acknowledged service yet?

The fact that they filed in Northampton means they don't have to serve the agreements with the claim BTW.

[colinsunderland]

Not yet, was going to leave it till i got some sort of reply - have also added their reply to my post above

[creditcardmug]

you dont need to do an sar, you have sent the cpr letter and thats all that matters right now.

You need to file your AOS, you can do it online, using the password on the front of the court form (print a copy when prompted and keep it), you then have 33 days from 17th July to file your defence so plenty of time to work on that, meanwhile just wait for them to comply with your cpr request, if they dont you just file an embarassed defence when the time comes, more on that later.

Just a thought did you send the cpr by recorded/special have you got proof of delivery?, this is important, if in any doubt do it again now, by sd

[colinsunderland]

thanks for the help

 

Yes it was sent special delivery, kept the reciept and also printed the screenshot of the royal mail site saying delivered.

 

I doubt they can claim they didn't get it anyway as they replied to it with the letter above.

[creditcardmug]

Ok, as long as you have filed your AOS youre alright,if you have any concerns come back here, im sure other members will also be on to help, and have other questions for you with regard to building your defence , for instance did you get a Letter before action, Default Notices, all that sort of thing to go in your defence

Regards CCM

[colinsunderland]

OK, only got a couple of days to file a defence now, and nothing since the letters above from Cabot.

 

Anyone give me any help with a defence, with them not supplying any information it makes it quite hard for me to think of anything to put apart from along the lines of 'Claimant refused to supply disclosure unless I paid for it on one account, and totally ignored my disclosure request for other 2 accounts'.

 

Anyone give me some help please on what to do?

[creditcardmug]

Hi again, do you know what date your defence must be filed by, have you phoned the court to ask?

[colinsunderland]

actually i probably calculated slightly wrong, as it is 33 days not 28 from the date of the claim, but still Monday/Tuesday next week

Haven't rang the court.

[creditcardmug]

Ok. so you need to file by friday really, Ill get back asap, dont worry.

[creditcardmug]

A few Qs. have you ever received a Default Notice for any of the accs?

Have you received a letter before action for this case?

Have you ever received a notice of assignment from both the original creditor or cabot in relation to these accs?

[colinsunderland]

I don't recall recieving any communication from cabot for any of the accounts

Same with the LBA

 

Definately haven't recieved a notice of assignment.

 

However there was a period of about a year when my regular postie was off sick and doing other rounds and quite a bit of mail didn't get delivered so it's possible they were sent, but I didn't get them. Having said that it's unlikely every single letter from cabot went missing.

[creditcardmug]

I don't recall recieving any communication from cabot for any of the accounts

Same with the LBA

 

Definately haven't recieved a notice of assignment.

 

However there was a period of about a year when my regular postie was off sick and doing other rounds and quite a bit of mail didn't get delivered so it's possible they were sent, but I didn't get them. Having said that it's unlikely every single letter from cabot went missing.

 

Thats ok, you will put them to strict proof that they sent it and that it was valid.

[colinsunderland]

yep, thats what I thought.

I take it the court shouldn't look too favourably on the fact in response to my request for disclosure they told me I had to pay £10 to get it either?

[creditcardmug]

Well the court expects Both sides to adhere to what it calls Pre-Action Protocols, in other words to do all you can to avoid a hearing, they are obviously ignoring this part of the CPR which you have followed by sending your request for info.

[Vulture_Bank]

am i right in saying cabot have 3 credit card accounts on one claim

 

if so maybe the following might ??? be useful

 

 

5 Joinder & Consolidation

 

5.1 Is there a mechanism in your civil justice system whereby a third party can be joined into ongoing proceedings in appropriate circumstances? If so, what are those circumstances?

 

The CPR contain provisions for the joinder of any number of claimants or defendants as parties to a claim, provided there is a cause of action by or against each party joined.

 

The court, however, preserves a discretionary power to order separate trials in order to ensure the swift and efficient conduct of the proceedings.

 

5.2 Does your civil justice system allow for the consolidation of two sets of proceedings in appropriate circumstances? If so, what are those circumstances?

 

Under the CPR, it is possible to consolidate closely connected claims on a similar subject-matter between the same parties. Consolidation is only possible if there is a considerable overlap between the two claims, which are before the court at the same time, and there is a real risk of irreconcilable judgments in the absence of consolidation.

Viable alternatives to consolidation are an order by the court to the effect of sequential judgments on the two claims by the same judge or the stay of one of the claims pending determination of the other claim.

 

5.3 Do you have split trials/bifurcation of proceedings?

 

Under the CPR, the English courts have a discretion to allow split trials either of their own motion or upon application by the parties

[colinsunderland]

anyone else please?

[creditcardmug]

Hi, ive been a bit busy the last few days, but ive been watching your thread, you actually have until monday to file so you could do it online over the weekend.

If none of the specialists come on to help with a defence, we will have to look around the threads to find something suitable, have you been reading the defences on here to see if there are similar cases?

 

If youre saying that the first you heard of cabot was the court claim and nothing since then you have everything going for you IMO

[AndyOrch]

Very supportive CCM I too will keep my eye on this one

 

 

Regards

 

Andy;)

[creditcardmug]

Very supportive CCM I too will keep my eye on this one

 

 

Regards

 

Andy;)

 

Thanks andy i think hes going to need your help too, im just reading back thro it, and cant decide now whether he actually sent the cpr request or 3x cca requests, and then they returned the POs??

[AndyOrch]

Hi all

 

Last week I got a claim from cabot relating to 3 accounts I held with 3 different credit card companies.

 

Now I can't actually remember ever actually getting any letters from cabot relating to anything at all, so that was a surprise that they were dealing with the debts.

 

Anyway, I sent off a letter to them the following day requesting disclosure (used the letter on here), and also 3 seperate letters requesting the agreements, enclosing the £1 fee x 3.

 

Today I got the cheque returned saying they don't have to supply the CCA'a but have requested them from the 3 credit card companies, which is what I was expecting to happen.

 

However, another letter arrived, only relating to one of the three accounts, regarding disclosure.

 

They have refused this request saying I have to apply for it using a subject access request and on payment of the £10 fee they will supply the information.

 

So I'm a bit stuck as to what to do now. Obviously I need to file a defence, shall I do something up just saying I can't file a defence as cabot have refused to disclose any information as per my request, should I write back to them or what?

 

Any help would be appreciated

 

Thanks in advance.

 

 

There you Go CCM

 

 

Andy:cool: