Cabot/? claimform - old Welcome Finance car loan 'debt'

[martin2006]

what are you struggling with fee?

[Fee185]

thanks for replying so quickly martin

 

i dont know which bits i should delete, and am really worried i am going to miss dates of when i need to do things by :/

[Fee185]

so for this bit they only mention the agreement, but they do say it was treminated so do i just include point 1?

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: Notice of Assignment*

 

3: The Default Notice*

 

4: The Termination Notice*(if applicable for loans/HP/)

 

5: Statement of Account*

 

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

 

* delete if not mentioned in the Particulars of claim.

[martin2006]

Ok so firstly this welcome loan, was it a fixed loan or HP agreement?

 

This is relevant for the CCA request

[Fee185]

I dont know, it was such a long time ago, it doesnt mention loan in the claim form

[Fee185]

sorry that should have said, it doesnt mention higher purchase in the claim form

[Fee185]

also i dont have an account reference number for the CCA, so what should i put?

[martin2006]

Ok follow this:

 

Enter your address

Enter their address

Enter date

Enter account number

Edit to read s77-79 in para 1 and delete the bracketed text

Delete the blue paragraph

Remove /78(6)a from para 2 and remove the bracketed text

Remove the text at the end after "yours sincerely" and type in the defendants name.

 

I have deliberately left s77-79 info in as we are not 100% sure what the agreement is although its probably a HP agreement which is s79, if a loan thi its covered by s77

[dx100uk]

twill be hp

 

 

dx

[martin2006]

In the absence of an account reference number you could add a line stating this request refers to the agreement in the Particulars of Claim in case reference number xxxxxxxxxx

[Fee185]

thats brilliant, thankyou

 

what about the account number though as i dont know what it is?

[martin2006]

twill be hp

 

 

dx

 

No doubt will but just trying to cover all angles dx

[martin2006]

thats brilliant, thankyou

 

what about the account number though as i dont know what it is?

 

See the post above this one

[Fee185]

ok great, i can breath on that one.

 

And what about the one to the solicitors, should i just ask for the agreement?

[martin2006]

Get that one done then I'll run through the CPR 31:14

 

No need to post either to thread once completed

[Fee185]

CCA is done

[martin2006]

For the CPR 31:14

 

Enter your address

Enter the solicitors address

Enter the date

Enter the case details

Insert the date you received the claim form

Insert the court name, probably Northampton at this point

Remove paragraph 2

Para 3 to say "copy of each of the following documents mentioned"

Keep 1-5 and remove 6 and the red text below it

At 4. Remove the bracketed text and any * from 1-5

Keep the next paragragh as the claim is for less than £10000, just remive the brackets not the text.

Remove the red bit just below it

 

Print your name

 

 

Dont forget a £1 postal order for the CCA request, no postal order is required for the CPR request.

 

I have always sent these signed for

[dx100uk]

don't worry too much about account number

though as you found out the last payment surely you must know the account number as it will be ref'd to that on your bank statement

or simply attach a copy of the front page of the claimform to the CCA.

 

 

not being funny but you should of got these running a month ago!!

 

 

dx

 

not 8 days before your defence is due!!

[Fee185]

I know, we have moved house and everything is such a mess at the moment. I appreciate any help or advice you can give me though

[martin2006]

Dont forget the court and solicitors need your new address to avoid you not getting important info from either.

[Fee185]

I Have done both of these and am off to post them now. Thank you so much for you help, I find this sort of thing really daunting.

 

Finally could you advise me of what steps i need to take next and when, especial with dx rightly pointing out that i have left this so late.

 

Many Thanks

[Fee185]

when i did the bit on the court page i added the addressfor corispondance as my new address

[martin2006]

Once you have sent these you need to get reading similar Cabot Claimform threads to see how this all works.

Send them today.

[dx100uk]

I'd be working on your defence now

[martin2006]

As you only have 8 days left to file your defence you should be looking for a no paperwork/holding defence atm although they will not be in default of your CCA request until after 12+2 days has passed.

Thats why it should have been done a month ago!