Court Claim Form from Cabot Financial

[d_brat]

I'm out of my depth here. Advised to post on here by someone on MSE.

Any help appreciated as I can cope with anymore. Many thanks in advance.

Received a claim? Yes
Issue Date: 17 August 2020
Have you Acknowledged the Claim?: No
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name: Cabot Financial UK Limited
Solicitors Firm: Mortimer Clark Solicitors LTD
Original Creditor: Lloyds TSB
Original Debt (eg. Credit card/Loan/Overdraft) : Loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): By an agreement between LLOYDS TSB & the Defendant on or around 04/06/2007 ('the agreement') LLOYDS TSB agreed to lean the Defendant monies. The Defendant did not pay the installments as they fell due. The Agreement was terminated following the service of a default notice. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. £18000 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No contact but have been paying £2 until April 2019
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details: Received a Claim Form from County Court Business Centre today.

Total amount in the letter is £1800 with court fees and legal costs. It's in hubby's name. He isnt working and hasn't worked for the last 3 years due to a nervous mental breakdown and has subsequently been diagnosed with psychotic depression. He is suicidal so I open all the mail and try to deal with things as he cannot cope.

He was paying £1 & £2 but stopped last year some time as things was really tight as my income is now the only income and I don’t earn alot.

Nothing has changed and in hindsight I shouldn't have cancelled the standing orders but I was trying to maximise every penny to make sure priority bills like mortgage and utilities were paid.

We can just about afford the £1 payments as we rely on credit cards to supplement his income and I am up to date with those payments so we don't end up in a predicament.

We have tried debt solutions when he was working but due to his income no one would help. I'm in the process of filling out an only form with Step Change to see how we could get on top of this.

COVID has meant reduced spending so I was able to make a huge dent and have managed to repay 2 credit cards and have moved 1 to a 0% interest rate card so now have 3 cards left to pay back. That is my priority right now because if there's an emergency we can rely on that.

[d_brat]

I have used the 30 day free trial from Check My File to obtain his credit reports to see exactly what is owed, however even though 2 says adverse accounts reported, the details are unavailable.

Could it be because it is from 2007? If payments of £1 were being made, should it not appear even if they were defaults?

Any help appreciated please.

[MIKE770]

Go to free searches and register don't pay. Google

[d_brat]

Anyone? Advise please.

[MIKE770]

Weekend may be a delay

[d_brat]

I'd like some help filling the Claim Form please?

I have received help on Money Saving Expert on sending off a CPR31.14 request.

Unsure about the defence side of things on the Claim Form. Any help appreciated.

Many thanks in advance.

[Celestine]

Welcome - have you read through our guide to the first steps to responding to a court claim? https://legalbeagles.info/library/gu...y-court-claim/

Have you sent off the CCA request as well as the CPR 31.14?

It may sound like a silly question, but has your husband formally notified Cabot of his health and vulnerability?

They have a vulnerable clients team and I strongly recommend you give them a call and ask to speak to this team about this claim. There is a strong possibility they would cease legal action if you make them aware.

[d_brat]

Welcome - have you read through our guide to the first steps to responding to a court claim? https://legalbeagles.info/library/gu...y-court-claim/

Have you sent off the CCA request as well as the CPR 31.14?

It may sound like a silly question, but has your husband formally notified Cabot of his health and vulnerability?

They have a vulnerable clients team and I strongly recommend you give them a call and ask to speak to this team about this claim. There is a strong possibility they would cease legal action if you make them aware.

I haven't let them know, didn't occur to me to be honest. I will give them a call thank you.

No haven't done a CCA request, was only told to do a CPR, I qill get this sent off today. Thank you

This is the edited version of the CPR request template I am about to send off:

CPR 31.14 Request

On 20 August 2020, I received the Claim Form in this case issued by you out of the County Court Business Centre.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1: The Agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2: The Default Notice

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such versions which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.

[d_brat]

I have read the done the acknowledgement online via Money Claim website and have sent off the CCA and CPR.

Do I need to start another thread to get help with the Claim Form?

Thank you.

[d_brat]

Received a claim? Yes/No: Yes
Issue Date: 17 August 2020
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £19000
Claimant’s Name: Cabot Financial UK Ltd
Solicitors Firm: Mortimer Clarke Solicitors Ltd
Original Creditor: Lloyds TSB
Original Debt (eg. Credit card/Loan/Overdraft) : Loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):By an agreement between LLOYDS TSB & the Defendant on or around 04/06/2007 ('the agreement') LLOYDS TSB agreed to lean the Defendant monies. The Defendant did not pay the instalments as they fell due. The Agreement was terminated following the service of a default notice. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. £19000Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Unsure of last contact, it wasn't recent, however was paying £2 until April 2019
List any letters you have sent (eg: CCA/ CPR ): CCA/CPR
Any Other Information or Background Details:

[MIKE770]

By paying anything stops statute barred system

[d_brat]

By paying anything stops statute barred system

Thank you.

Do I need to start a new thread for help filling the Claim form or will I get help here?

[ULA]

I suggest you remain on this thread.

[jaguarsuk]

Until you receive a response to your requests or you come close to your deadline to file a defence which is 4pm on 21st September 2020 there is nothing more to do.

Just have to wait.

[Celestine]

Hello again

Definitely remain on this thread, it will serve as a diary of your experience defending this claim.

Payment plan till 2019 will have prevented any consideration of time barring under Limitation Act, so your principle concern is their response to your CCA request.
However, I reiterate again, if Cabot were fully aware of your husbands' health issues, they would involve their vulnerable client team and legal action would be unlikely. Please make contacting them in regard to this a high priority.
It is a large debt, so fast track would apply (meaning they can add legal costs) so please keep us informed of progress.