Court claim by Cabot financial

[Jeff-B]

Hi could anyone help me on step to take next

i received a court claim form on 11/6/15 it was dated 8/6/15 about a debt from 2007 cabot bought from capital one after reading a few steps on posts here for help on what to do, I sent acknowledgment of service back to the court via the website 15/6/15. I also sent cpr14 letter (recorded sign for) to the solicitor 15/6/15 and sent a cca request to Cabot on 15/6/15 also recorded signed for including the £1 postal order. I have not heard anything back from the solicitor or the court yet. But Cabot have responded. Saying they don't currently have this info they have requested from original lender. they acknowledge the 12 day time limit before the account becomes enforceable but anticipate it will be able to provide the info within 40 days

any advice on what to do next is appreciated. Thanks in advance Jeff x

[nemesis45]

Re: Court claim by Cabot financial

Hi welcome to LB,

You have received the standard Cabot Crapogram, Cabot has 12 + 2 Working Days to comply with a CCA request failure
to comply renders the debt unenforceable until the agreement is produced.
You can note Cabot's response in your defence.

The CPR31.14 request 7 day time scale is likely to be declined by the solicitors on the grounds that
the claim will be allocated to the small claims track, you can and should challenge this if/when it happens.

A Capone credit card a presume??

Can you tell us please: When the account was opened?
When was the account defaulted?
Have you made any payments or written acknowledgment of the
account in the last 6 years.

Do you have a defence to the claim?

nem

[Jeff-B]

Re: Court claim by Cabot financial

The agreement was taken out on18/8/2007 but I only know this because that's what the court claim says. I havnt made any payments for around 6 years I don't know dates of default ect. I got an experience credit report to see if that would show me but the account doesn't show on it at all. Jeff ��

- - - Updated - - -

Experian*

[nemesis45]

Re: Court claim by Cabot financial

OK Jeff,

This has probably been removed from the credit files after 6 years has elapsed from the
default date.

You could try checking (just for safety) if Noddle Call Credits free online credit ref site has
any data, sometimes there is some historical data there.
nem

[FlamingParrot]

Re: Court claim by Cabot financial

Hi could anyone help me on step to take next

i received a court claim form on 11/6/15 it was dated 8/6/15 about a debt from 2007 cabot bought from capital one after reading a few steps on posts here for help on what to do, I sent acknowledgment of service back to the court via the website 15/6/15. I also sent cpr14 letter (recorded sign for) to the solicitor 15/6/15 and sent a cca request to Cabot on 15/6/15 also recorded signed for including the £1 postal order. I have not heard anything back from the solicitor or the court yet. But Cabot have responded. Saying they don't currently have this info they have requested from original lender. they acknowledge the 12 day time limit before the account becomes enforceable but anticipate it will be able to provide the info within 40 days

any advice on what to do next is appreciated. Thanks in advance Jeff x

That's their standard response to anyone who requests a copy of their agreement. There is no need to chase them for that one as non-compliance is a bar to enforcement.

The agreement was taken out on18/8/2007 but I only know this because that's what the court claim says. I havnt made any payments for around 6 years I don't know dates of default ect. I got an experience credit report to see if that would show me but the account doesn't show on it at all. Jeff ��

- - - Updated - - -

Experian*

If the account was defaulted over six years ago, there shouldn't be anything on any of the CRAs about it. There are quite a few posters on here with similar claims issued by Cabot for Cap One credit cards and some have been successful in getting the date of their last payment by ringing Cap One. :cell:

[Jeff-B]

Re: Court claim by Cabot financial

Just did a search on noodle credit report. Also no sigh of the account on there either

jeff

[Jeff-B]

Re: Court claim by Cabot financial

Today I received a reply from the solicitor saying
they are taking clients instructions it relation to my request and will get back to me as soon as they can
also the say the client agrees to a 28day extension for me to file my defence and asked me to notify the court of this in writing

is this right? And I'm confused as to the date my defence has to be filed by now and help is appreciated
Jeff

[FlamingParrot]

Re: Court claim by Cabot financial

Today I received a reply from the solicitor saying
they are taking clients instructions it relation to my request and will get back to me as soon as they can
alsothe say the client agrees to a 28day extension for me to file my defence and asked me to notify the court of this in writing

is this right? And I'm confused as to the date my defence has to be filed by now and help is appreciated
Jeff

Yes, it's up to the defendant to inform the court that an extension was agreed, so you need to forward the letter or email (you don't say how they replied).

If the date printed on the claim was the 8th of June, your initial deadline was July 11th. You now add 28 days on top to get the 8th of August:http://www.timeanddate.com/date/date...&am=&aw=&ad=28 You may want to double-check your dates using the calculator on that website. It's 33 days from date on claim, then the 28 day extension is added on top of that. :typing:

[nemesis45]

Re: Court claim by Cabot financial

Today I received a reply from the solicitor saying
they are taking clients instructions it relation to my request and will get back to me as soon as they can
also the say the client agrees to a 28day extension for me to file my defence and asked me to notify the court of this in writing

is this right? And I'm confused as to the date my defence has to be filed by now and help is appreciated
Jeff

You have an extra 28 days to file, but you must inform the court that this has been agreed!!

nem

[Jeff-B]

Re: Court claim by Cabot financial

Just a quick update. Sent notification to the court and they replied saying they have received my email and have noted it. I havnt had any more content from Cabot or the solicitor
-Jeff

[Jeff-B]

Re: Court claim by Cabot financial

At what date would you recommend entering my defence pls. It's due on the 8th of August
thanks in advance
Jeff

[nemesis45]

Re: Court claim by Cabot financial

At what date would you recommend entering my defence pls. It's due on the 8th of August
thanks in advance
Jeff

Get it all in order now.

nem

[Jeff-B]

Re: Court claim by Cabot financial

I've never had to write a defense before could you run me through what I need to do. I have saved a copy of every letter I have sent and received

[nemesis45]

Re: Court claim by Cabot financial

I've never had to write a defense before could you run me through what I need to do. I have saved a copy of every letter I have sent and received

Ok to start take a look around some of the threads on the forum containing defences this will ( and is probably the easiest way) give you good idea of format and content.

Make a rough draft and post it here then we can go through it with you.

Non compliance with CCA request (if not yet supplied) renders the debt unenforceable until the agreement is supplied.
This above is mentioned in the defence like so: numbered in logical order

1. On date I sent a request under sections 77/78 of CCA 1974 to Cabot with the required statutory fee of £1.00.

2. To date Cabot has not complied with my request and is therefore unable to enforce the debt.

3. On date I sent a request made under the provisions of CPR31.14 to xxxxxxxx solicitors for sight of the documents mentioned in the claimants statement of claim.

4. .................. solicitors has not to date complied with my request.
just to give you a start.

nem

[Jeff-B]

Re: Court claim by Cabot financial

Thank you nem I'll get on it asap ��
jeff