Cabot Financial (UK) Limited vs Mfuller79

[Guest]

Re: Cabot Financial (UK) Limited vs Mfuller79

Hello and forgive the intrusion.
I'm in a kinda same situation and would love some advice.
I need to state my defence (122 lines max) as so far I can only tell hat I have just received the acknowledgment letter from the solicitors, but nothing from the claimant in regards of CCA.

Best,
Leo

[charitynjw]

Re: Cabot Financial (UK) Limited vs Mfuller79

Hi nleo

Both [MENTION=6]Amethyst[/MENTION] & I have responded on your thread.
Your defence also relies on non-compliance of a CCA request.
See the defence example at the top of your thread, tweak it to suit &, if you want, post a copy of your draft on your thread (suitably sanitised of personal info).

[Mfuller79]

Re: Cabot Financial (UK) Limited vs Mfuller79

Hi nleo,

I received an acknowledgement from the claimants solicitor stating they had requested the relevant documents and nothing further. I therefore used the template charitynjw has referred to to form the basis of my defence.

On the 30th May, I received acknowledgement of receipt of my defence from the Court. They have sent a copy to the defendant who now has 28 days to confirm they wish to proceed or the claim will be stayed. Naturally, they can only proceed if they comply with my CCA - which they are still yet to do. I hope that helps

[Guest]

Re: Cabot Financial (UK) Limited vs Mfuller79

Thank you Mfuller,
I had the same response...
going to complete the defence online.

Best,
Leo

[Guest]

Re: Cabot Financial (UK) Limited vs Mfuller79

Hello Mfuller,
I was wondering if you could update me on what happened?
I have also received the acknowledgement but 28 days have now passed since the 15th Of June..
So I wonder what to do now?

Best,
Leo

[MIKE770]

Re: Cabot Financial (UK) Limited vs Mfuller79

ring the court and ask state of the claim no doubt stayed until/if the solicitors decide if they want to proceed

[Guest]

Re: Cabot Financial (UK) Limited vs Mfuller79

Sorry Mike, I'm not sure I'm understanding...

[MIKE770]

Re: Cabot Financial (UK) Limited vs Mfuller79

you sent your defence in , court passed copy to solicitors giving 28 days to respond - if they have not responded to court = court will shelve the case/park up (Stayed) as they call it, it is then up to claimant to pay a fee to un stay the case and proceed to next step> hence if the case I suggest you ring the court and enquire the state of play regarding the case, i.e. stayed or not?

[warwick65]

Re: Cabot Financial (UK) Limited vs Mfuller79

If you used MCOL have a look to see if anything g is happening such as a DQ received or sent

[Guest]

Re: Cabot Financial (UK) Limited vs Mfuller79

Nothing is showing on line since I have submitted my defence..
So what else can still happen?

[MIKE770]

Re: Cabot Financial (UK) Limited vs Mfuller79

para 21 next move check it out with court - after which the next stage if they decide to continue is up to them!

[warwick65]

Re: Cabot Financial (UK) Limited vs Mfuller79

Hi

Once you serve your defence on the court they will pass it to the claimants solicitors , they have 28 days from receipt to respond ( that receiopt can take some time) , If they respond you will be sent a Directions questionnaire completed by them and one for you to fill in, you must make sure you list dates you will be unavailable - if you have a holiday booked i would add a day at the end when you are unavailable as i heard of someone who arrived back in the UK at midnight and needed to be in court at 10am the following morning

If the solicitors do not respond the claim will be stayed and they would have to apply to lift the stay- but I have not heard of that being refused

Nleo maybe you should stick to your own thread and if you want an answer tag people - you do that by putting the @ before the name for example [MENTION=98117]warwick65[/MENTION] will alert me you have tagged me in a post just as [MENTION=5553]charitynjw[/MENTION] would alert charity ( Morning Charity)