Received a claim? Yes
Issue Date: 15-11-2017
Amount approx: 3500
Claimant: Cabot
Solicitor: Mortimer Clark
Original Credit: Bank of Scotland
Particulars of Claim:
By an agreement between Bank of Scotland ( ) & the Defendant on or around 01/03/2002 (the agreement), agreed to issue the Defendant with a credit card upon the terms and conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due. The agreement was assigned to the Claimant on 27/02/2017. The Defendant failed to pay & the Agreement was terminated
Stat Barred? No
Have sent:
Other Info:
Hi,
I received a claim for the above debt (which is not statute barred, payments have been made this year but not in full).
I just wanted to check im doing things correctly. I owe this and dont dispute paying but cannot pay in full and if theres any chance of avoiding a CCJ I thought I should try (the vague date gave me some hope they wont have original agreement).
I believe I now need to acknowledge the claim to give 28 days and send a CCA request to Cabot. Is there any chance that they could come back and say I need to go to BOS? And if so should it be sent to both to save time?
I was also going to send a CPR 31.14 but the guide says only ask for things in the particulars - so I only ask for the agreement - is that right?
And, if they don't respond in time, do I then enter a defence anyway - and if so would it be that there is no enforceable agreement even though I wouldn't yet know if that was true? Thank you!
Issue Date: 15-11-2017
Amount approx: 3500
Claimant: Cabot
Solicitor: Mortimer Clark
Original Credit: Bank of Scotland
Particulars of Claim:
By an agreement between Bank of Scotland ( ) & the Defendant on or around 01/03/2002 (the agreement), agreed to issue the Defendant with a credit card upon the terms and conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due. The agreement was assigned to the Claimant on 27/02/2017. The Defendant failed to pay & the Agreement was terminated
Stat Barred? No
Have sent:
Other Info:
Hi,
I received a claim for the above debt (which is not statute barred, payments have been made this year but not in full).
I just wanted to check im doing things correctly. I owe this and dont dispute paying but cannot pay in full and if theres any chance of avoiding a CCJ I thought I should try (the vague date gave me some hope they wont have original agreement).
I believe I now need to acknowledge the claim to give 28 days and send a CCA request to Cabot. Is there any chance that they could come back and say I need to go to BOS? And if so should it be sent to both to save time?
I was also going to send a CPR 31.14 but the guide says only ask for things in the particulars - so I only ask for the agreement - is that right?
And, if they don't respond in time, do I then enter a defence anyway - and if so would it be that there is no enforceable agreement even though I wouldn't yet know if that was true? Thank you!
Comment