County Court Claim: Cabot Finance re: Old Welcome Finance Loan

[BillyRay01]

Hi,

I received paperwork for County Court Claim, for an old loan with Welcome Finance!

I have responded online, stating that I intend to dispute the whole claim. Since then, i have written to their Solicitors and Cabot, asking for information of this loan. Also a letter stating that this is Statue Barred as I have been through my bank statements and the last payment I paid to them was in May 2009. I sent the letters recorded delivery to both

The loan (they say) was originally taken out in 2006, but i'm sure this was before, but either way I have made no payment to them since 2009 or made any acknowledgment of the debt!

What do I need to do next?? Should I send another letter out as I will need to send off my defence within the next few days?

Any advice is appreciated

Thanks

[Amethyst]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

What date was the claim issued?

You've sent a CCA request and a CPR request ? ( the requests for information ) and told them the debt is statute barred.

If no response to anything then that is basically what you put in your defence. There is an example here http://www.legalbeagles.info/forums/...t-Court-Claims

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

It was issued the 28th September 2015

Yes I have sent both, to both the companies: Cabot Financial and Restons Solicitors.

Should I re-send them again?

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Hi welcome to LB,

Ok, Service of claim acknowledged:
Intention to defend notified.
The " letters " sent requesting information:
A request made under the provisions of Civil Procedure Rule 31.14 sent to the claimants solicitors ?

A request made under the provions of sections 77/78/78 of CCA 1974 with the £1 statutory fee included sent direct to Cabot?

Do you know when the default was registered on this account? If not check your credit files ( Noddle is a free on line credit ref: agency)

Can we see a suitably redacted copy of the claim form please?

What is the date of issue on the N1 claim form?

nem

Apologies posts crossed.

nem

[Amethyst]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

It was issued the 28th September 2015

Yes I have sent both, to both the companies: Cabot Financial and Restons Solicitors.

Should I re-send them again?

Good good No you're fine. You do have another couple weeks before you defence is due so hang fire and see if they respond this week first. Defence due before Saturday, 31 October 2015

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Just trying to scan the copy pf the Claim form in now

I didn't send £1 in, after looking around I've only just seen that this was needed, shall I send another letter with the £1?

I'll upload the letters I sent

- - - Updated - - -

For some reason, I cant upload the letters??

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Just trying to scan the copy pf the Claim form in now

I didn't send £1 in, after looking around I've only just seen that this was needed, shall I send another letter with the £1?

I'll upload the letters I sent

- - - Updated - - -

For some reason, I cant upload the letters??

Two chances with Cabot total bank on the CCA request, or a letter pointing out it cannot respond until
the fee is paid.

Send CCA request again, use a cheque or Postal Order for £1 endorsed for statutory fee only. Cabot has
12 + 2 Working Days to Comply from the date it receives the claim, use signed for post.

The CPR request has no fee and a nominal 7 day timescale, the solicitors ( which one is it Weightmans or Reston) may decline to comply you can chase this one but leave the CCA request alone. Failure to comply renders the debt unenforceable until the agreement is provided.

nem

[Amethyst]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

letters probably too big xx feel free to email me them admin@legalbeagles.info

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Thank you :-) will send them now

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Its Reston Solicitors, i'll send again with a cheque for £1.oo and recorded delivery

[FlamingParrot]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Just trying to scan the copy pf the Claim form in now

You could just type up the particulars of claim, which is what a lot of people do, and the date printed on the form. :typing:

Is the name of the claimant Cabot Financial (UK) Limited?

I didn't send £1 in, after looking around I've only just seen that this was needed, shall I send another letter with the £1?

I'll upload the letters I sent

Probably best, if you didn't send the fee they'll have an excuse not to comply. :mmph:

With the CPR request, they should have responded in 7 days, if they haven't you should chase that one up with Restons. You may want to tell them that you need the documents they should have had in their possession before issuing the claim and, as they've not supplied them, would they kindly agree to a 28 day extension to file your defence, as allowed by CPR 15.5. :thumb: You can do this over the phone :cell: (I don't think Restons accept anything by email if I remember correctly) and if they agree, you have to notify the court in writing (you can do so by email). If they refuse, you will mention that fact in your defence. :thumb:

For some reason, I cant upload the letters??

This may be of help: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

- - - Updated - - -

Its Reston Solicitors, i'll send again with a cheque for £1.oo and recorded delivery

The CCA request goes to Cabot though. :thumb:

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Its Reston Solicitors, i'll send again with a cheque for £1.oo and recorded delivery

The CCA Request goes to Cabot with the £1 fee,
Your CPR request to Restons is fine no fee payable.

nem

[Amethyst]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Can't read the Claim form, bit pixellated so can you try that again. Letters received though fine.

The Statute barred letter is spot on.

The 31.14 request is a little bit extreme and asks for a lot more information than will be mentioned in the particulars of claim, so expect that will be a refusal and we can rewrite asking for what is actually mentioned.

You do still need to send the CCA request to Cabot, with £1. ( http://www.legalbeagles.info/forums/...y-of-Agreement)

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Ok thanks, I just found the 31.14 on a website and copied it ( I did think it was very long)

I will send that letter today, I'll copy and send

Thank you

[Amethyst]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

It's okay, it's not fatal, just a bit extreme. you can only ask for documents mentioned in the statement of case so half of it won't apply.