Cabot financila (Vanquis CC) court summons is it too late to use CCA 1974?

[42man]

Hunni what are the POC's ? (Particulars Of Claim) don't be too specific with the numbers though...

[42man]

You MUST send out a CPR asap by recorded delivery to the claimant (or their solicitors) - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524

[42man]

I was a bit concerned at the POC's in the fact that CPR18 might be a better option for you... -

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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.

 

The information must be furnished within fourteen days of the receipt of this letter. 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.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[42man]

Keep to the timetables and have a look at these in this link - http://www.consumeractiongroup.co.uk/forum/legal-issues/202604-ccj-defence-form-against.html#post2205532

[42man]

The significance of the court is that with Northampton it is a bulk clearing centre for claims and can be done online....You must acknowledge the claim within 14 days of the date on the claim form - then if it is your intention to defend all then this must be stated, then you get a further 14+3 days in which to submit your defence....

[42man]

If you defend part of it then you'll get a CCJ....if you defend all then you may not get one at all....but you need to be aware of the implications H

[42man]

The implications of going to court and making your case in front of a judge and an opposing solicitor....(if of course it gets to court)

[42man]

Nobody can make your mind up for you Hunni, only you can decide that.....and I think you should send off for a request for your agreement too...

[42man]

The CPR PART 18 request is sent to the solicitors, send the CCA request (with a £1 postal order - and send recorded) to Cabot this is in the link below this message.....then you await for the Allocation Questionnaire...and in the meantime spend lots of time having a read around these forums....you could possibly send a SAR off to Vanquis too (this is also in the link below) unfortunately this will cost £10 - again send postal orders and send recorded, If they fail to provide a CCA within 12+2 working days then they are in default of your request...(so do this ASAP)...the SAR takes a little longer - 40 calendar days to provide....but the CCA is a legal request, the SAR is just a request for information on a data subject...(so basically this can't be ussed in court really, but it shows you are attempting to get information)....

[42man]

Hunni i'm going to move this to the legal issues forum.......in the meantime, keep a sharp eye out for the deadlines.....and keep us posted, have a read of these

 

I'm also thinking that it might be a good idea to send the CPR31.14 letter too....just to cover all the bases, send it out asap.....I know you sent the CPR18 but the 31.14 might be a good idea too....let me know if you're not sure of what to do...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665130

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/126111-cl-finance-ltd-recieved-4.html#post1350484

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/157973-welcome-fianance-court-case-4.html#post1704890

[42man]

Send recorded delivery to Morgans solicitors (if they are named on the claim form) ASAP....and i'd ask for all of those apart from number 5, as it states 'credit card agreement' then it must be presumed that it covers the other items....