Court Claim Cabot Financial / Hitachi Capital help urgent please

[debtfree]

Hi there. I do hope someone could help with good information what to do in my situation.

I received court claim almost 4 weeks ago. I submitted the AOS back on 25/9 and therefor now only got 1 more day before at least have to do defend form online.

My problem was I have been very ill for last 2 weeks with flu and also going through tooth abscess so really tough times for me. But nevermind I should still have got this sorted before it went so far.

I am praying someone of you could help me with some good information on how best to tackle this as I have to submit this form tonight. I will prob not have time to respond before deadline as have work all day today. But hope to respond back on anything here at forum from after 8pm uk time.

The claim is as below:

Claimant: CABOT FINANCIAL (UK) LIMITED
Amount Claimed: 795.32
Court Fee: £60.00
Solicitors Fee: £70.00
Total amount: 925.32

The original debt was to Hitachi Capital after buying computer equipment on credit which was urgent needed at that time last year.

But to keep it short I missed the first repayment which ended up in direct debit charges they added also got problems with my bank. But in total within couple months added charges of around £200 so I was in dispute and was in contact regular through email pointing out they could not charge these high fees.

So now instead of a reasonable debt of around £600 has now gone up to £925.32

What can I do now as I know have not got time to send those letters where I can request documents from Cabot. And I also read something else around the internet about sending these forms.

I am hoping to get an agreement with Cabot to pay of monthly instalments for original amount owed around £600 do you think that would be possible if I submit my defend part admission?

I was thinking to submit that tonight and put information about my dispute with Hitachi Capital.

But just very confused now as what can I do to help this situation apart from submit part admission? As its too late to claim back charges from Hitachi?

Do I put in defend form that I wish to request cca and cpr request? As I cannot get leter sent to them in time now?

Sorry for all these questions and very long thread just very upset about this.

Hope someone could shine a light asap would be very much appreciated.

[Amethyst]

Re: Court Claim Cabot Financial / Hitachi Capital help urgent please

Morning debtfree, Just reading your post xx

[Amethyst]

Re: Court Claim Cabot Financial / Hitachi Capital help urgent please

As the debt is only a year old it is very likely they will come back with compliant documents and then you will have to make an admission and offer to pay anyway, so I'm not sure it is worth it, and the risk of increasing costs, but you do have the option. How much did you borrow originally? If that was £600 then it has only gone up to £795 over the year of non payment so it's not half as bad as it could be. The other £130 is court charges (which could have been avoided by sorting this out with Hitachi earlier)

So....
Admission - (I think this is your best option) you will need to complete your N9 with your offer to pay an affordable amount that tallys with your income and expenditure. If the offer is reasonable (say £30 + a month) they should accept it and you will get an order to pay. This will give you a CCJ on your credit file for the next six years unless you can pay the whole amount within 28 days. Alternatively you could try negotiating settlement full and final (ie offer them £500 cash) to ditch the court proceedings. Its unlikely they would accept but if they did you could avoid the CCJ. If they did accept you'd need to ask them for a consent/tomlin order that once you pay the amount to them they withdraw the court claim.

otherwise;

Defence:
There is one thing you can try is calling the Claimant solicitors and asking them if they will agree to an extension of 28 days to the date for filing your defence, as allowed under CPR 15.5 because of your recent health issues and because they haven't provided you with any documents for the claim.
If they agree ask them to email you confirmation so you can let the court know (then email the court informing them both parties have agreed to an extension)
Then get the CCA request sent off to CABOT. As I said it is likely they will come back with compliant documents so you would still need either negotiate or offer to pay at that point. I'm also not sure an argument on the charges would succeed as you basically took out credit then just didn't pay anything.
If they say no then you will have to enter a defence or admission and offer to pay.


If you happen to still have a copy of the agreement that would be useful to double check its all fine but for such a recent loan then I suspect it would be.

So after that ramble, I reckon you should just get your N9 back with an admission and offer to pay.

[debtfree]

Re: Court Claim Cabot Financial / Hitachi Capital help urgent please

As the debt is only a year old it is very likely they will come back with compliant documents and then you will have to make an admission and offer to pay anyway, so I'm not sure it is worth it, and the risk of increasing costs, but you do have the option. How much did you borrow originally? If that was £600 then it has only gone up to £795 over the year of non payment so it's not half as bad as it could be. The other £130 is court charges (which could have been avoided by sorting this out with Hitachi earlier)

So....
Admission - (I think this is your best option) you will need to complete your N9 with your offer to pay an affordable amount that tallys with your income and expenditure. If the offer is reasonable (say £30 + a month) they should accept it and you will get an order to pay. This will give you a CCJ on your credit file for the next six years unless you can pay the whole amount within 28 days. Alternatively you could try negotiating settlement full and final (ie offer them £500 cash) to ditch the court proceedings. Its unlikely they would accept but if they did you could avoid the CCJ. If they did accept you'd need to ask them for a consent/tomlin order that once you pay the amount to them they withdraw the court claim.

otherwise;

Defence:
There is one thing you can try is calling the Claimant solicitors and asking them if they will agree to an extension of 28 days to the date for filing your defence, as allowed under CPR 15.5 because of your recent health issues and because they haven't provided you with any documents for the claim.
If they agree ask them to email you confirmation so you can let the court know (then email the court informing them both parties have agreed to an extension)
Then get the CCA request sent off to CABOT. As I said it is likely they will come back with compliant documents so you would still need either negotiate or offer to pay at that point. I'm also not sure an argument on the charges would succeed as you basically took out credit then just didn't pay anything.
If they say no then you will have to enter a defence or admission and offer to pay.


If you happen to still have a copy of the agreement that would be useful to double check its all fine but for such a recent loan then I suspect it would be.

So after that ramble, I reckon you should just get your N9 back with an admission and offer to pay.

Thank you very much for your kind help x x

Sorry for not responded so stressed out and working 24/7 at moment

I also got help different forum

Very nice comments you have given here. I just get more confused what to do though hehe.

End of day I admit the debt nothing can be done so really I will not bother with requesting documents and cca etc.

I will prob not be able to pay £500 within 28 days so that is out of the question

BUT i do not agree in those illegal unlawful charges which Hitachi put on almost £200 within couple monts. Just £22 couple times for direct debit failures. Have I not got anything to do for this? Surely I can claim those charges back?
Which should leave just about original amount around £600 , I also had that £10 token payment to Hitachi within first months.

The court charges £60+£70=£130 - is there nothing I can do for them? Just accept is only I can do or??

So that seems I could try settle for £750 and ask for £35 monthly installements. Does this sound as my best option?

Would it be better to try phone Cabot to try negotiate and find agreement? Or should I only fill in my defence fo Court with above suggestion and leave it with that?

Also is there any way I could phone or email Hitachi which I original have debt with?

Thanks again x x