please help - Court claim form recieved today

[Diane85]

Hi please can anyone help?

I have received a court claim today from the county court business centre in Northampton from Cabot financial and would like to know how I should proceed, I think I got the loan out in 2006/2007 through welcome finance and the last payment they have said I paid was in Jan 2012 through the debt management company I was with. I believe I paid off now more than I originally borrowed due to them putting lots of interest on top so stopped paying and didn't hear anything back for years. however in the last 6 months I have been receiving letters from Cabot Financial and Mortimer Clarke Solicitors regarding this and they still believe I owe £2883.99!! and I only borrowed £5000.00 to start with and I had been paying them monthly payments of £50 odd from 2007 till 2012, how is that possible! do you think I have a case to fight this or should I just fill the court form out and admit the debt?

any advise would be appreciated

[FlamingParrot]

Re: please help - Court claim form recieved today

Hi and welcome

It's worth attempting to defend the claim because in many cases, Cabot wouldn't be able to obtain the documents necessary to evidence the claim. If you fill in the admission form, Cabo will be able to request judgment by admission and that would leave you with a CCJ. :scared: It is always possible to settle further down the line if they were able to produce all the required paperwork so it's worth giving it a go. You need to start by acknowledging the claim and saying you intend to defend all of it. Full details here: http://www.legalbeagles.info/forums/...313#post499313

Below are the steps to take upon receipt of a claim:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

The CCA request should go to Cabot with £1 PO, the CPR request to the solicitors (are they using Mortimer Clarke for the claim as well?).

Would be helpful if you could post up the particulars of the claim. :typing:

Once you acknowledge service you'll have 33 days to file a defence, Mortimer Clarke are usually agreeable to a 28 day extension on top of that. :thumb:

[Diane85]

Re: please help - Court claim form recieved today

Hi Flaming Parrot,

thank you you very much for your advice.

i have done all of the above as you have mentioned, could you advise what usually happens next please?

also you have mentioned for me to post up more details of the claim, what sort of information are you suggesting would help?

Many thanks, look forward to hearing from you soon.

diane85