Cabot - Halifax Credit Card - Cabot now started Court Action - Help Please ***SETTLED***

[Duffers Mum]

I can't understand why on earth they would take this to court on the back of a Recon agreement. They really are chancing their arm. They sent me a Recon agreement last year, I wrote and asked them to confirm it was an exact and true copy of the original, but they would not actually clarify this. As it stands in my case the Recon agreement is a joke and if they took me to court i'm pretty sure it would get chucked out.

 

I really hope you get can get all this sorted out and if it does go to court that you get a decent judge who chucks it straight back out again.

 

Good luck

[lamb909]

Thank you Duffersmum, I just dont know what to do next, am really stuck and I don't think I have much time, do I? Am desperate for help so if anybody might be reading this, please help or point me in the right direction

[citizenB]

Just to add, if it is of any use. When I got the card, I phoned customer service for bank account near Christmas, they answered my query and then said would I like a credit card, I said no becuase I knew I wouldnt get past credit checks, they said I would be accepted as it was a guarnteed card and was showing on my account as available, so they put me through to the credit card dept who went through a few things with me, asked what type of card i wanted then told me the credit limit. Then I had to go branch and sign a agreement, which was there waiting for me

 

the claimant is the assignee of a debt(s) from bank of scotland HALFX card ref ....... Notice of assignment having been given to the dependant in writing. despite demand for payment, xxxx.xx remains due. The clainment claims xxxx.xx and interest under s.69 county courts act 1984 and costs.

 

please olease help if you can

 

Hello lamb. Can you please let me know what the date of the claim form is.. top right hand corner under the claim number. This will help us keep to the strict timeline which is as follows:

 

Date of issue + 5 days for service + 14 days to acknowledge claim + 14 days to submit defence. = 33 days from the date of the claim being issued to submission of defence.

 

First of all you must now get a CPR31.14 request in the post either by recorded or special delivery post in order to obtain some information.

 

As they have provided very minimal information on the POC all you can ask for is the Notice of Assignmnet and a copy of the agreement.

 

The following letter should be amended and sent off IMMEDIATELY. Do read the letter carefull and amend where required.

 

*********************************

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[lamb909]

The date is 3rd May 2011

 

Do I actually return my acknowledgement of service to the court and say I'm going to defend it?

 

Thank you so much for your help

[lamb909]

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On 7th May 2011 I received the Claim Form in this case issued by you out of the Northampton County Court

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Do I do this?

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] I did request a CCA so should I keep this in?

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise £3k plus, so leave this in?

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Think I've got this right, does it look ok?

You're a star CB, thanks very much

[alangee]

lamb909

 

Yes, return your acknowledgment and say you are going to defend. You then have about three weeks or so to get your defence in.

 

Alan

[lamb909]

Thanks Alan, bit scarey all this insn't it? By defence what do you mean, sorry if I appear stupid

[citizenB]

Hello lamb perfect, yes you understand correctly. So you can get your letter off but remove any of the "instructions to delete/include" that are in the letter first.

 

Righto well if the date of issue was 3rd of May your timeline looks like this....

 

3rd May + 5 days for service + 14 days to acknowledge will be - 22nd May. As that is a Sunday, you will need to go online and acknowledge on the Friday which will be the 20th. You will then have a further 14 days in order to submit your defence which will be... 5th June, again a Sunday so you will need to do that by the Friday, 3rd June.

 

The most important things you need to do immediately is

 

Decide if you are going to defend and on what grounds

 

Acknowledge the claim online by 22nd May - You can do that online.. if you are a little bit wobbly with systems.. then it might be best to have a look round the MCOL website and see what you need to do.. you DO need to register and there will be a step by step guide as to how you continue to the next step. At this stage all you are doing is acknowledging that you have received the claim and that it is your intention to defend, if that is your plan and you will then be given an additional 14 days.

 

If you dont acknowledge in time, the other side will obtain a judgement by default and you dont get to have your say.

 

Assuming that you are going to defend, you need to get that CPR request in the post immediately. You will be sending it to the Solicitor acting, their name and address is on the claim form. Do at the very least send it by recorded delivery post. Keep the receipt safely and check online about 3 days after posting to see that it has been delivered, then count your days from there as to when you need to expect the information you have requested.

 

Then we can take it from there.

 

Continue to read round the forums and understand what you are going to be doing.

 

HTH

[Bazooka Boo]

Defence simply means you will not be rolling over and allowing them to bleed you dry, you fully intend to make them work for every single penny they are claiming for as you dispute the total amount, and they will have to provide solid cast iron evidence that you owe this money.

[citizenB]

Thanks Alan, bit scarey all this insn't it? By defence what do you mean, sorry if I appear stupid

 

 

Erm, if you are going to fight this claim from Cabot, whatever you say will be your defence. This is why I say you need to decide if that is what you want to do. Or do you want to admit that you owe them a sum of money and come to an arrangement to pay them. If you want to admit then please let us know because you will do things differently to already explained.

[lamb909]

I don't know if I can defend by saying they can't demand any money from me becuase they cannot provide a true CCA and if they cannot provide that then I dont owe any money becuase I havent signed a true CCA, does this make sense

[lamb909]

Does that sound ok? Just don't want to start something and do it wrong so waiting to acknoweldge etc and print letter out

[Duffers Mum]

I would certainly defend, if all they have provided is a Recon agreement, doesn't the CPTU(?) thing mean they have to advise whether or not they have the actual agreement? Hopefully someone can confirm whether this is the case. In my case I asked Crapot to confirm to me that my recon agreement was an actual true copy of the original and they replied with a load of rubbish, neither confirming nor denying, which was no help at all!

[Bazooka Boo]

If you have evidence that you requested the documents (CCS) and they have failed to produce them then of course that is a defence. You have legally requested sight of those documents to determine whether you are indeed liable, and if so, the best way of going about repaying them, they have once again frustrated the legal process by ignoring or failing to provide the documents you legally requested, therefore the account is disputed, yet they have still seen fit to issue proceedings against you, with little or no evidence of this agreement ever taking place.

[gettingsorted]

Hello am reading this with interest as I may be heading down the same route - just had the respond within a month letter.

 

Just thought I ought to suggest that if you can afford it send the letter Special Delivery rather than Recorded as I have had a load of Recorded not being shown as delivered - it says proceeding through our network. As far as I am reading the posts above you really need to be able to prove they got the 31.14 thing so Special Delivery might be better.

GS

[Bazooka Boo]

I agree that the important docs and requests should be sent recorded or special del, but for everything else you only need to obtain proof of posting from the PO counter.

[lamb909]

Just a quickie, on the CPR request it states:

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored,

Do I keep this in, they havent sent me the original or copy of the CCA but the other documents , so has my request for the CCA been ignored?

[lamb909]

Right, have acknowledged and stated I would defend all the claim , phew!

Have printed letter out, that bit was ok.

 

Just waiting for above post to be clarified before I send CPR

 

Hoping you guys can guide me through the next steps (pretty please, yes I'm beggging lol). Am going to do some homework on CAG to see whats happened to other peeps in this situation.

 

Anything I should be doing when the CPR request has been posted and before they get back to me?

[lamb909]

Hello am reading this with interest as I may be heading down the same route - just had the respond within a month letter.

 

Just thought I ought to suggest that if you can afford it send the letter Special Delivery rather than Recorded as I have had a load of Recorded not being shown as delivered - it says proceeding through our network. As far as I am reading the posts above you really need to be able to prove they got the 31.14 thing so Special Delivery might be better.

GS

 

 

Nice to see you gettingsorted, hope you can learn something from here to help you, though not from me I'm afraid, I'm still learning (I think)

[The Mould]

Just a quickie, on the CPR request it states:

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored,

Do I keep this in, they havent sent me the original or copy of the CCA but the other documents , so has my request for the CCA been ignored?

 

Hello Lamb

 

I have just read through your case very briefly.

 

They have sent you a recon of the agreement, so yes, in your CPR 31.14 request a copy of the agreement they mention in their POC's as a recon only satisfies a s78 request under CCA 74 (as amended).

 

Has the creditor actually served a valid statutory notice upon you, a default notice?

 

Did you receive Notice of Assignment?

 

In your said CPR request, you should ask for a copy of the agreement (original, that is), a copy of the Notice of Assignment and proof of service thereof pursuant to s196(4) of the Law of Property Act 1925, a copy of the default notice and proof of service of the same and you require a copy of the Deed of Assignment.

 

Come back , Roger- over.

 

Kind regards

 

The Mould

[lamb909]

Hi the Mould

 

Thanks for replying so do I need to ammend my CPR, I haven't had a default notice or notice of assignment as far as I can recall. How do I change the letter? Sorry but no idea had to do this and dont know how to alter it correctly and what is "proof of service", so sorry, don't know what to do now but appreciate your help

[The Mould]

Hi the Mould

 

Thanks for replying so do I need to ammend my CPR, I haven't had a default notice or notice of assignment as far as I can recall. How do I change the letter? Sorry but no idea had to do this and dont know how to alter it correctly and what is "proof of service", so sorry, don't know what to do now but appreciate your help

 

Lamb! Are you 100% certain that no (valid) default notice has been served upon you?

 

What about the NOA (Notice of Assignment)? Check through your own records and all paperwork relating to this debt, you need to be absolutely certain of said documents never being served.

 

I think I recall seeing an example of CPR 31.14 request posted a page or two back, so simply refer to that, proof of service is proof of posting, you seek evidence from the claimant to substantiate his allegation that all and/or any statutory notices have been served upon you prior to commencement of these proceedings.

 

I also recall you stating that you received correspondence from the claimant demanding the full balance (he went on to say that you must respond to his said letter within one month in accordance with Practice Direction - Pre-Action Conduct, as you now know, he was talking a load of boll**ks)

 

Come back on those statutory notices, Roger - over.

 

Kind regards

 

The Mould

[The Mould]

Lamb

 

Post up your CPR 31.14 request please.

 

Kind regards

 

The Mould

[lamb909]

Dear Sir

 

Re:

 

CPR 31.14 Request

 

On 7 May 2011 I received the Claim Form in this case issued by you out of the Northampton County Court

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours Faithfully

[lamb909]

To be honest I can't say i received either of them or not, I have boxes full of DCA letter so don't know if they are in there, sorry, this has been going on for a couple of years