Solicitors letter from Calbot Financial

[nemesis45]

Re: Solicitors letter from Calbot Financial

Tell Cabot they have 12 + 2 Working Days not 40!
Send a copy of the letter to the FCA please.

[lilly666]

Re: Solicitors letter from Calbot Financial

Tell Cabot they have 12 + 2 Working Days not 40!
Send a copy of the letter to the FCA please.

Thank-you. What is the FCA please?

[gallahad]

Re: Solicitors letter from Calbot Financial

Financial Conduct Authority

[lilly666]

Re: Solicitors letter from Calbot Financial

Thank-you

[nemesis45]

Re: Solicitors letter from Calbot Financial

The Financial Conduct Authority ( now responsible for Consumer Credit Licencing ) Regulates the debt collection " industry".

All details on line. The more people to report Cabots conduct the better!!!

nem

[lilly666]

Re: Solicitors letter from Calbot Financial

The Financial Conduct Authority ( now responsible for Consumer Credit Licencing ) Regulates the debt collection " industry".

All details on line. The more people to report Cabots conduct the better!!!

nem

Hello,
More trouble.
Reston's sent me the following letter, re the debt with Calbots

We acknowledge your recent request made persuant to CPR 31.14.
We would point out that the claim was issued via County Court Business Centre which is a procedure specifically provided for in the CPR.
This procedure only allows the claimant to issue brief details of the Claim and does not allow the attachment of any enclosures.
Paragraph 5.2A of practice directions 7E specifically states 'The requirement in paragraph 7.3 of Practise direction 16 for documents to be attached to the particulars of the contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.'

We would also remind you that CPR 31.14 states:
'A party may inspect a document mentioned in-
a A statement of case
b A witness statement
c A witness summary
d A affidavit

You would have been provided with the T and Cs at the time the account was opened, and hence we see no reason why you now require an additional copy.

Furthermore the other documents you requested are not 'mentioned' in the particulars of the claim, and therefore CPR31 14(1) does not apply.

Although your letter states that you require the requested documents in order to file a defence/counterclaim , we would point out that the particulars of the claim contains sufficient information in order for you to understand what the claim relates to, namely:
a date account was opened
b the account number
c the outstanding balance
d the name of the original creditor
e the fact that the account has been assigned to the Claimant and when it was assigned

We have returned your ten pound postal order attached to the CPR request as the request does not attract a fee.

[lilly666]

Re: Solicitors letter from Calbot Financial

Please can anyone help me with this? I followed all your previous instructions to the letter. I kept to what was said on the County Court Claim form when writing to them. So that bit is incorrect for a start.

They sent me back the now useless postal order for £10.00 it was made payable to them and I wrote on the back as to its use.

What now?
Lily

[gallahad]

Re: Solicitors letter from Calbot Financial

The usual nonsense response from them see my thread for the letter to send in response. It's their way of trying to avoid the issue of them not having the documents required to get a judgement.
G

[nemesis45]

Re: Solicitors letter from Calbot Financial

Hello Lilly,
Another Cabot /Reston smoke screen BUT it seems you may have mixed up the processes!

1. A CCA request goes to Cabot, Fee £1.00, 12 + 2 Working Days to comply.
2. CPR31.14 to Reston NO FEE this is for production of the Document (s) Mentioned in the Particulars of Claim Only.
3. A £10.00 Statutory Fee relates to a Subject Access Request (for personal data) which would be sent to the original creditor.

4. If you have not done so make the CCA Request to Cabot asap. £1 statutory fee use the template from the forum library.
Cabot have 12 + 2 Working Days to Comply, failure means the debt is unenforceable UNTIL the agreement is found.

5, To Reston by signed for post.

Sir/Madam,

I refer to your letter dated.......................... in response to my CPR31.14 request in regard to Claim No.xxxxxxxxxxxxxxxxx, your comments have been noted.
I now reiterate my request for copies of all documents mentioned In the particulars of claim as this claim is yet to be allocated to a track CPR31. 14 remains relevant and I expect to receive the documents within 7 days from the date hereon.

OK nem

[lilly666]

Re: Solicitors letter from Calbot Financial

Hello Lilly,
Another Cabot /Reston smoke screen BUT it seems you may have mixed up the processes!

1. A CCA request goes to Cabot, Fee £1.00, 12 + 2 Working Days to comply.
2. CPR31.14 to Reston NO FEE this is for production of the Document (s) Mentioned in the Particulars of Claim Only.
3. A £10.00 Statutory Fee relates to a Subject Access Request (for personal data) which would be sent to the original creditor.

4. If you have not done so make the CCA Request to Cabot asap. £1 statutory fee use the template from the forum library.
Cabot have 12 + 2 Working Days to Comply, failure means the debt is unenforceable UNTIL the agreement is found.

5, To Reston by signed for post.

Sir/Madam,

I refer to your letter dated.......................... in response to my CPR31.14 request in regard to Claim No.xxxxxxxxxxxxxxxxx, your comments have been noted.
I now reiterate my request for copies of all documents mentioned In the particulars of claim as this claim is yet to be allocated to a track CPR31. 14 remains relevant and I expect to receive the documents within 7 days from the date hereon.

OK nem

Ok I did as you said. Now this:
We acknowledge receipt of your further Civil Procedure Rules request for documentation dated 21st March, and refer your our previous letter as our position remains the same.
We trust this clarifies matters. Please be aware that you have until the 9th of April 2015 to file your Defence, faling which we will request that Judgement be entered against you.
Renstons Solicitors.

[lilly666]

Re: Solicitors letter from Calbot Financial

Now what please? They still have not come up with the documents asked for.

[nemesis45]

Re: Solicitors letter from Calbot Financial

Ok, the reply is fairly predictable, on can apply to the court to enforce the request, but that involves fees, which is why they refuse to comply.
This can be used in your defence.
Any news on the CCA request?

nem

[lilly666]

Re: Solicitors letter from Calbot Financial

Hello,

I have just got a letter from Apex, not Calbot! They basically say that my account is on hold as they are going to try to come up with the documents I asked for, CCA request.
Does this mean that the letter from Renstons giving me until April the 9th 2015 is now to be disregarded?
Lily

[nemesis45]

Re: Solicitors letter from Calbot Financial

What is the date on the Apex letter?
Apex is just the " collection " arm of Cabot
next desk different label!!
nem

[lilly666]

Re: Solicitors letter from Calbot Financial

What is the date on the Apex letter?
Apex is just the " collection " arm of Cabot
next desk different label!!
nem

The letter is dated 26th March 2015. Thanks for your help so far.