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Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-2014

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  • Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-2014

    Received a claim? Yes
    Issue Date: 27-6-2014
    Amount approx: 1500
    Claimant: Cabot Financial (UK) Ltd
    Solicitor: Mortimer Clarke Solicitors
    Original Credit: Littlewoods Finance Company Ltd

    Particulars of Claim:
    By an agreement between Littlewoods Finance Company Ltd
    ("LITW") & the defendant dated 14/10/2004 ("the agreement") LITW agreed to issue the Defendant with a store card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the claimant on 22/04/2009. The Claimant has complied with Sections III & IV of Practice Direction
    -Pre Action Conduct:
    THE CLAIMANT THEREFORE CLAIMS
    1. £1359.29


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    Hi, hope i'm posting to the right place i'm not familiar with forums. I desperately need some advice, I think I may have done the wrong thing but not sure so here goes (its a bit lengthy). Back in 2004 I had a catalogue account. I failed to keep up with repayments after my separation from my husband. After seeking advice from the C.A.B. I sent a letter to Littlewoods explaining my situation and asking them to freeze interest charges for short period until I could make repayments again. I never heard back from them. I repeated this process again and still never received a reply. Instead I got a demand with added interest. I do not know how much the orginal debt was for. Evenutally I receieved a letter from Cabot which I ignored at first. Next without any warning I was visited at my house by a man with an identity card claiming he was from Cabot. Clueless, I agreed to speak to him in my home. I think this was in 2009. He purposed a settlement fee of £600 and I agreed. He arranged with me to come back a few days later with documents and take payment. A family member lent the money to me and a few days later this guy come back. Whilst here he made a phone call and then told me my offer had been declined and they wanted more (assuming he was talking to Cabot). I refused and said this was not what we agreed. Then when I asked for documents he didn't have any. it all seemed very strange and I asked him to leave. I never paid any money in the end thankfully, I started to think I'd nearly been scammed. I didn't hear another thing until recently, I receive a letter from Mortimer Clarke Solicitors with a threat of action on behalf of Cabot. I ignored this letter then a few weeks later I receive a court claim for £1509.29. Again I went to C.A.B but I didn't find there advice every helpful. I resorted in acknowledging the claim and responded by admitting part of the claim (£600) I really didn't know what else to do (wish I had discovered LegalBeagles sooner). Since reading this website and other experiences I now know I should have sent requests and put in a defence. For months after this again I have heard nothing from Cabot or Mortimer. Then last week I receive a letter from Mortimer saying if I forward them my medical records there client will except my offer of repayment. What???? These people are bonkers. I have 14 days to respond and am not sure how to do so? I don't believe they have followed the correct procedures and also wonder if this is statute barred in the first place...PLEASE HELP!!!!!
    Tags: None

  • #2
    Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

    Hi Diana, and welcome, yes you are in the right place I'm just having a read through your post now so back in a tick xxx Sharon xxx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

      Okay, don't worry. CAB can be a little behind with coming forwards on court claims, but they are just trained to take the route of least resistance.

      In the defence part of your admission and offer to pay did you mention anything about your health / reasons why you couldn't pay / didn't admit the full amount ??

      Claim was the end of June, so defence was sent in end of July ??? - did you send it to the court or directly to the claimant ?

      Might be an idea to give the court (presumably Northampton CCBC) a call and check what the status of the claim is before you go any further.

      I'm really not sure what to say about the home visit, sounds extremely dodgy to me so I'm glad you kept hold of your cash, must have shaken you up a bit too.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

        Thanks for your reply. The claim I received had various options, I was really unsure which to tick or what to write. I do not know how much the original debt is for and was not going to accept the full amount so I admitted to £600 which is what Cabot had previously agreed to as a settlement fee. I used in my defence the events of how the case had been handled and how anxious it had made me, I mentioned I had already been in poor health and this elevated it. That's all. Your right I was very shaken up it has made me very weary. I was a fool to let him in when I look back on it now. But I panicked. The whole thing was very dodgy. I cant believe these companies are allowed to get away this.

        I sent the claim back to the court. I will give them a call tomorrow and find out then.

        Thanks

        Comment


        • #5
          Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

          That will be why the letter about your health/medical information. You are under no obligation to give this information to them.

          Let me know what the court say about the status of the claim.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

            I did think their request was a little extreme. I do not wish to send my medical records unless it is neccessary, I have had a number of health issues and operations. If this would help support my case then fair enough Im happy to request from my doctor, but I will need to explain what I need them for and I dont particulary want to do this.

            I have spoke to the court this morning, they informed me they have not a response and that the claim has stayed. I'm not totally sure what this means, could you explain please.

            Thank you again so much for your advice, I really appreciate it.

            Comment


            • #7
              Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

              Originally posted by Diana98 View Post
              I did think their request was a little extreme. I do not wish to send my medical records unless it is neccessary, I have had a number of health issues and operations. If this would help support my case then fair enough Im happy to request from my doctor, but I will need to explain what I need them for and I dont particulary want to do this.

              I have spoke to the court this morning, they informed me they have not a response and that the claim has stayed. I'm not totally sure what this means, could you explain please.

              Thank you again so much for your advice, I really appreciate it.
              When you submit a defence the court sends a copy to the claimant who has 28 days to respond and say whether they wish to proceed with the claim. If they don't respond, the case is stayed, meaning all proceedings are suspended until either party applies to the court to lift the stay. Sounds like the claimants didn't respond to your defence.

              Comment


              • #8
                Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

                Ok, thanks for explaining. So what step do I take next? On what grounds do either party need to apply to the court and lift the stay? I'm really unsure on how to respond and what I should expect to happen??

                Comment


                • #9
                  Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

                  As you have admitted part of the debt then the claimants have time to decide whether to accept or refuse your offer thus it will stay on hold until the claimants respond to the court. If I were you I would send them a CCA request to focus their minds on accepting your offer without hassling you for doctors notes.

                  http://www.legalbeagles.info/forums/...y-of-Agreement

                  If after you have sent that and heard nothing from them after two weeks we COULD consider amending your plea.

                  Remember they paid probably under 10% to buy this debt so they are making plenty of profit with a £600 offer. Did you offer monthly installments on that amount? (ie. did you complete the IE form in the response pack)
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

                    Thanks for getting back to me. I was going to ask if I could still send them a CCA request, I was unsure if this would still be allowed, I will post this to them immediately.

                    I did offer repayment in instalments of £20 per month and filled out the form to show my budget which only left £20 per month, which means I will be left with no money at the end of the month. I am a self employed single mum and rely of tax credits to top up my earnings. Therefore it will take a long time to pay off but couldn't possibly offer anymore.

                    Comment


                    • #11
                      Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

                      Originally posted by Diana98 View Post
                      Thanks for getting back to me. I was going to ask if I could still send them a CCA request, I was unsure if this would still be allowed, I will post this to them immediately.
                      You are allowed to send a CCA request at any time provided you haven't sent one in the last 30 days. They have a duty to respond unless judgment has already been obtained. This isn't the case yet, however, as you have filed a partial admission to the claim,this is likely to result in a CCJ for at least the amount you've admitted.

                      Originally posted by Diana98 View Post
                      I did offer repayment in instalments of £20 per month and filled out the form to show my budget which only left £20 per month, which means I will be left with no money at the end of the month. I am a self employed single mum and rely of tax credits to top up my earnings. Therefore it will take a long time to pay off but couldn't possibly offer anymore.
                      If you are unable to keep up repayments you can apply for a variation. It's always preferable to offer an amount you can afford in the long term in the first place to avoid the need for this.

                      Comment


                      • #12
                        Re: Court Claim - Cabot Financial (UK) Ltd / Littlewoods Finance Company Ltd - 27-6-

                        Thanks Flaming Parrot, So even though I've made an offer and if they accept and I repay in instalments I still get a CCJ?? Is that what you mean? I thought a CCJ was an order for them to recover repayments if I refuse?

                        Comment

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