Hello, I really hope someone can help me.

Today I received a Northampton County Court Claim Form - the claimant is Cabot Financial (UK ) Limited, for 2 debts totaling more than £20000

They are asking for the amount outstanding, Court fee, Solicitor's costs and interest under s.69 County Courts Act 1984

About £11000 is for a credit card debt for which I have a CCJ from 2002 and I have been paying £1 per month to the credit card company as agreed in the Judgment.

I have checked my bank statements and the £1 cheques I was sending to the credit card company, have not been cashed since about 5 months ago. I hadn't noticed this before and I have not received any correspondence from anyone regarding this. I have sent the next tranche of 3 x £1 cheques covering March, April and May to them only this week.

The other debt is for an unsecured loan taken out in 2000 which I was paying normally until 2002 when I suffered ill health and the subsequent financial difficulties.

So now out of the blue, Cabot are claiming both these debts, stating that a Notice of Assignment has been given to the defendant in writing, this is untrue as I have not received any communication regarding these debts for years. ( The 2002 CCJ - the last correspondence was in 2004 when I was advised to pay, by the acting solicitor, the £1 per month directly to the credit card company, which I have been doing. The loan - was a letter from Equidebt returning my £1 cheque in July 2004 informing me not to send them any more payments)

My current situation is that I am receiving Tax Credits, working and child, as a single Dad to my 10 year old, I have only been in part time work due to ill health and at the moment I am training and trying to set up an Internet business for which I don't expect an income for a while yet. The tax credits and child benefit are my only income. I have other debts which I am paying at the rate of £1 per month. I have read a large number of threads on this amazing forum and I have seen similar problems but not the same as mine.

I guess I will have to dispute the claim in total at this moment, with Northampton Court, although, in the IMPORTANT IF YOURE BEING SUED thread I read "i wouldnt let it get to allocation without the agreement, cos that implies youve filed a defence, which should not have happened without the agreement cos how can you defend a claim when you dont have the key principle document which the claim is based upon?" So do I just send acknowledgment of service and tick I intend to defend all of this claim? Do I contest jurisdiction also? if it goes to court will they send a solicitor to my local court? As the claim is so large is there any more information I need? Over £5k not fast track?

Do I write to Cabot and ask them for details of the unsecured loan plus when it was assigned to them and for how much? The CCA?

What do I ask them about the credit card debt?, why it was transferred to them?

When the credit card company took me to court in 2002 I did not defend their claim or ask for any evidence of outstanding amount or a CCA. Is there any point in my asking for the CCA now? How can they sell the debt ( I guess ) without notice to me, when there is a CCJ attached to it?

What else should I do? Can anyone help me ?

Thank you very much in advance and I shall continue reading other threads.

Hi mark welcome to CAG

I am just sending you back to the top of the forum with this message!

someone will be along to help soon

mj:)

ok first things can you post up the PoC and have you acknowldge the claim yet? if not then do so now and put down you intend to defend all, as far as I am aware then cannot combine 2 debts into one.

I have deleted my information from the Claim, have I deleted too much? In the particulars of claim there is not a separation of the 2 £ xxx debts just a single £ xxx figure of more than £20,000

I haven't yet acknowledged, service date is today - Saturday.

I am planning to do it online.

Thank you very much for this.

well they are screwed any way from what I have read here, you already have a ccj for one of the debts so I dont see how they can go for it again

acknowldege and defend

also send the sol a cpr31 request

Hello

I have searched for cpr31 and believe it is Civil Procedure Rules

Is there a template to download somewhere?

I have looked on .justice.gov.uk

When i defend do I also tick contest jurisdiction ? - Northampton is hours away.

they will automatically move it to your local court

it is cpr31.14

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

for example of defences look in the legal forum, there are loads of examples

The Particulars of claim are hopeless, a child could have done a better job, you could win this case on that point alone...however, you must acknowledge service, and say you intend to defend all, you can do this online using the password on the front of the claim form.

Im afraid i dont have the time to help you through this from start to finish, but i know there are many on here who will

It will be helpful to them if you can post up the alleged agreements, minus personal details

By the way they are not allowed interest under s.69 for regulated debts

I have acknowledged online and I will draft a cpr31.14 today, does anyone advise sending a cpr 18 as well? I am very grateful for this.

I have drafted/copied a cpr31.14 - is it ok in my circumstances?

Dear Sir,

In the Northampton County Court

Cabot Financial (UK) Limited -v- Me

Claim Number: ********

CPR 31.14 Request

On 5th March 2010 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.

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 document(s) mentioned in your Particulars of Claim:

1. The agreement(s). 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 DO I DELETE THIS LINE AS IT IS NOT MENTIONED ON THE POC?

4. The termination notice DO I DELETE THIS LINE AS IT IS NOT MENTIONED ON THE POC?

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.

I look forward to hearing from you.

Yours faithfully,

Me

I have also drafted a cpr 18 as the poc does not list most of the documents required.

In the Northampton County Court

Cabot Financial (UK) Limited -v- Me

Claim Number: ********

Dear Sir

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 *********** (name of credit card issuer )

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,

Me

Do I do a cpr 18 for each of the 2 debts claimed, or just 1 for the claim where they have lumped them together, and detail the names separately?

Thank you.

Creditcardmug has a point... but why not go straight for strike out? A CPR request implies you know what there is to defend, and as you are paying a CCJ, your thoughts should be that this claim cannot refer to that. Lumping two claims together without a split or showing how the amounts were arrived at is also sloppy.

Nip it in the bud and go for strike out - have another look through pt2537's brilliant thread here - all the info and reasoning to go for strike out is there...

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start-8.html#post2812885

and also look at Volvo's thread here...

http://www.consumeractiongroup.co.uk/forum/legal-issues/180858-volvo-cabot-bank-one-5.html#post2812674

where two debts were merged into one claim... by Morgan Solicitors acting for Cabot! I'm seeing a trend here...

try this one

Dear Sir,

 

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

 

CPR 31.12 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 indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1. the Agreements giving rise to the obligation to ######## for the credit advanced. 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 Default Notices, the service of which was a condition precedent to the creation of the debt now sued upon by you.

 

3. the Notices of Assignment

 

You should ensure compliance with your CPR 31 duties and ensure that the documents 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 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 that part of this request concerned with CPR 31 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 any part of this request or fail to request more time, 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 look forward to hearing from you.

 

yours faithfully

I would also make an application to Court for a Strike Out and/or Summary Judgement against them on the account with an existing CCJ and the interest as neither is allowed to be claimed.

You will not have to pay, but you will need to fill in an EX160 as well as the N244.

Have alook at both of the forms and I (and others) will help with the wording for them

Good Luck

where two debts were merged into one claim... by Morgan Solicitors! I'm seeing a trend here...

More desperation from Mr Maynard & Co I fear:rolleyes:

Beau

I agree with DB & CCM - send in the AS stating you are going to defend & then go straight for a strike out.

This POC is absolute sloppy rubbish & is a total abuse of CPR. These people are getting worse, someone should really teach Morgans how to set out POCs!

gh, should that be CPR 31.14 (not 31.12) ?

My apologies if I have lost the plot

you cannot demand production of the default and termination notices under CPR31.14 as they were not mentioned in the POC

i

anything not in the POC needs to be requested by CPR18

i would personally not send a CPR31.14 OR CPR 18 request off to start with

I would be inclined to submit a one paragraph embarrassed defence

Then write to the other side and demand that they submit a fully particularised POC within 7 days failing which you will make an immediate application to strike out their claim with costs - and i would send a copy of the letter to the court and ask that it be placed on the court file

I wouldn't give anything away until they do so.

in 8 days i would immediately make a strike out application as threatened

What gives you the impression that they have included the sum under a previous CCJ in the claim- there is nothing in the POC to indicate that they have done this

they may have "bumped up" the second debt!!

.

with respect to the CCJ - they cannot re issue proceedings and in the event of non payment they can only apply to the court for a means of enforcement or a variation on the amount of the monthly payments

with respect to the second loan i would get a cca s78 request off now

AND a SAR

gh, should that be CPR 31.14 (not 31.12) ?

 

My apologies if I have lost the plot

Well, it's worked for me in the past 12 covers specific disclosure, 14 is strictly POC documents.

Not sure that the majority of claimants or their 'solicitors' would understand anyway - Cobbetts recently refused a CPR31 (it may well have been that letter) request and got rather short shrift from the Judge

Well, it's worked for me in the past 12 covers specific disclosure, 14 is strictly POC documents.

 

Not sure that the majority of claimants or their 'solicitors' would understand anyway - Cobbetts recently refused a CPR31 (it may well have been that letter) request and got rather short shrift from the Judge

Aha, many thanks. And as the POC says "sod all" the 31.14 wouldnt have been appropriate.

Understood.

you cannot demand production of the default and termination notices under CPR31.14 as they were not mentioned in the POC

 

i

 

anything not in the POC needs to be requested by CPR18

 

 

i would personally not send a CPR31.14 OR CPR 18 request off to start with

 

I would be inclined to submit a one paragraph embarrassed defence

 

Then write to the other side and demand that they submit a fully particularised POC within 7 days failing which you will make an immediate application to strike out their claim with costs - and i would send a copy of the letter to the court and ask that it be placed on the court file

 

I wouldn't give anything away until they do so.

 

in 8 days i would immediately make a strike out application as threatened

 

What gives you the impression that they have included the sum under a previous CCJ in the claim- there is nothing in the POC to indicate that they have done this

 

they may have "bumped up" the second debt!!

 

 

 

.

Thank you diddy

The credit card company that is named in the POC, ( which I have whited out ) is the one that has a CCJ against me -from 2002, I did not defend or ask for any information, as it all happened when my life went awry. I have only ever had one account with that particular credit card company.

then a SAR would cover everything

i am confused- i thought you said you had a ccj from a previous loan and then another loan-

if the first loan went to a ccj i dont see how it could have remained in existence to allow further borrowing?

DD, there are two completely separate alleged debts here in this claim - one has already been subject to an uncontested CCJ and the OP has been paying it, and the second is another debt also acquired by Cabot. They have simply lumped the two together in one claim, which is wrong in soooo many ways.

I guess the second debt may also have been in existence at the same time?