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Cabot Claim

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  • Cabot Claim

    Hi - Wondering if I can grab some quick advice please,

    Cabot submitted a claim via Nothampton via there Solicitors in regards to New Day Aqua -

    So Far I have

    1) Acknowledged the service online
    2) Borrowed and amended a CCA letter
    3) Borrowed and amended the CP31.14 template
    4) SAR to sent

    Claim was issued on 21st July
    I acknowledged on 25th July
    Defence was submitted on 15th August.

    I have received only one communication from the solicitor saying this will take time to get the information together and no further action will be taken until they have the information.

    So question is - At the moment it is on the Mcol site as Defence Submitted, but nothing more - What is my next step as they have not sent any information and the claim is kind of in Limbo? Does the claim "timeout" for a response from them?

    Not sure if that makes sense, please let me know if you need any more info
    Tags: None

  • #2
    Case stayed ring court they will have to pay to unstay it???

    Comment


    • #3
      Will give them a bell tomorrow

      Comment


      • #4
        Hey - sorry to resurrect a thread…

        Since my last post I have had no response or word from Cabot or there solicitor

        However this evening I have received an email from Mortimer Clarke asking me to withdraw my defence as they are now looking to lift the stay on the claim.

        Given it has been two years. How likely is this?

        Also - in response to the defence claim they have said as I have signed an e-sig I have already had the proof I have taken then credit - the supporting doc (102 pages or terms and conditions and a general credit agreement with rates and amounts cc’d out so from what I can see they still have not supplied the information.

        In this case - would I write back to them and also submit this to the court?

        hope this makes sense?

        Comment


        • #5
          Sorry that should have read - they have sent a 102 document with the general t&c and an example credit agreement with no sig at all and my name not mentioned at all on the agreement (credit limits and interest rate are both “xxxxxxx” instead of an amount or name)

          Comment


          • #6
            Originally posted by VENOMEXUK View Post
            Sorry that should have read - they have sent a 102 document with the general t&c and an example credit agreement with no sig at all and my name not mentioned at all on the agreement (credit limits and interest rate are both “xxxxxxx” instead of an amount or name)
            If they want to proceed, let them lift the stay. They need to still provide the correct documentation.

            Update the thread when they make further contact.

            Comment


            • #7
              I have had similar, big wadge of documents with a covering letter suggesting I withdraw my defense because "we have a high success rate in overturning vexations and frivolous defenses such as yours", and an offer of reduced settlement. They also failed to serve the N180, got ordered to serve it and did that late but never sent me a copy, got increasingly threatening over it and I politely told them to spin on it and continue the claim.

              Discontinued.

              Edit: mine was disputed and getting up to SB before the claim was made, sold by a company that went bankrupt and conveniently omitted was the details of my dispute with the original creditor. Solicitors kept asking for all the information I had on the dispute but I refused to provide it until it was time to submit witness statements and evidence. Was not going to give them a chance to hallucinate documents to disprove the dispute.

              Comment


              • #8
                That is very similar to what they have written to me - even citing case law and that “they will apply for a default judgement” which….ummm no it is defended and they have not provided the evidence…
                will draft a letter to them and court this week advising them of change of address and that they have not - to this date - supplies the evidence - in case they forget to update my address and “accidentally” use the old one to get a default judgement. But feels like a fishing and threatening exercise by they solicitor

                will update once I hear more :-)

                Comment

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                SHORTCUTS


                First Steps
                Check dates
                Income/Expenditure
                Acknowledge Claim
                CCA Request
                CPR 31.14 Request
                Subject Access Request Letter
                Example Defence
                Set Aside Application
                Directions Questionnaire



                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                NOTE: If you receive a court claim note these dates in your calendar ...
                Acknowledge Claim - within 14 days from Service

                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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