Hi, need some help with cabot taking me to court. Received summary cause from cabots lawyers last week for an old Littlewoods credit card at 4,700 and an argos store card at £257. There is no info contained in the summons other than they are claiming i owe them the money. I had CCA'd cabot in september last year and after a long delay and their usual looking in their archives routine, they eventually sent the original application forms for the 2 accounts. None of these have any of the prescribed terms on them and they have enclosed separate terms and conditions. Unfortunately in 2008 i had buckled under the pressure and was paying money towards these accounts but no further payments have been made since 2008 otherwise they would have been statute barred by now. As far as i know i have never received default notices on these accounts, if i did, it must have been from the original creditors and possibly as far back as 2005/2006. I received letters from cabot with the CCA's saying they acquired the debts in 2007, the letters are dated 2010 with the heading sent in June 2007 and are obviously not copies of the originals. They also refer to the agreements in their letters they have sent me as being covered and bound by English Law and as i live in Scotland would English Law apply or Scottish? Im confused but do i have a case for defending this or should i just plead guilty and seek a time to pay? Im also nervous about defending myself so any help and encouragement would help
delilah
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SHORTCUTS
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CPR 31.14 Request
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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.
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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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Guides and LettersSHORTCUTS
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Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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Directions Questionnaire
Statute Barred Letter
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