Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

[Darren Smith]

Received a claim? Yes
Issue Date: 19-12-2014
Amount approx: 3005 COURT FEE 185 SOLICITORS COSTS 80 , £3270
Claimant: Cabot Financial ltd
Solicitor: Mortimer Clarke Solicitors
Original Credit: Barclaycard

Particulars of Claim:
By an agreement between barclaycard ('BARC") and the defendant on or around 19/11/2004 ('the agreement') BARC agreed to issue the Defendant with a credit card upon the terms and conditions set out therein . In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated . The agreement was assigned to the claimant on the 29/11/2010 THE CLAIMANT THEREFORE CLAIMS 3005.41

Stat Barred? No

Have sent:

Other Info:
Received this yesterday , I also received another claim last week which i started a thread about last week and that is for around £1000 i dont have over £4000 to settle these bills outright .
got these debts after a messy divorce i didnt pay them the attention i should have .
the link to the other thread is herehttp://www.legalbeagles.info/forums/showthread.php?59225-Court-Claim-lowell-portfolio-lloyds-bank-12-12-2014&p=502598#post502598

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Hiya, well it's nice to get them all out the way at the same time I suppose, they could have waited till January tho, masroll:

It'll be same process as other claim - send the CPR request, the CCA request and acknowledge the claim, and we'll see what comes back and go from there.

For ease of ref

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Ok letters written , acknowledged claim . Received another letter from Cabot today with regard to the same account saying that i owe £2740.41 When the amount before costs and fees they are taking me to court for is £3005.41 £3270.41 with fees this is what makes me laugh they cant even get right the amount i owe !
Im off to send the letters at the post office in a minute . Im sure this letter is useful as it helps me to dispute the debt and gives me more reason not to pay them at the moment without proof of what i actually owe.

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Received a letter today back from mortimer clarke today
further to you letter dated xxxxxxx we are talking to our clients instructions iin relation to your request and will come back to you as soon as we can
We confirm our client is willing to agree to the extension of 28 days for you to file your defence pursuant to 15.5(2) please notify the court in writing of the agreement yours faithfully xxxxxxxx
Amethyst please could you also comment on my other thread regarding my bryan carte solicitors claim .

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

So now that they have agreed to an extension what is the best way forward with this matter . ?

[Kati]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

So now that they have agreed to an extension what is the best way forward with this matter . ?

have you notified the court of the extension?

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

No Kati I havent yet do i do this online or by filling in a form . ?
Kati please could you also try and help me with my other thread as im running out of time with it .
that can be found here http://www.legalbeagles.info/forums/...ight=desidereo

[Kati]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

I'll flag both your threads for attention (I'm not clued up on court claims to be much help myself :sorry

As far as I know, you can email the court to tell them of the extension (with a copy of the letter from Mortimer Clarke (post #4) attached

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

ok can we get clarifiaction on this and where i find the email address .
i wont be able to reply for a couple of hours as i have to goto a meeting now . thank you

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

http://www.legalbeagles.info/forums/...filing-defence ref extension - email address is on that post xx

but here

To inform the court in writing;


Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk - obviously change the date to YOUR ORIGINAL DEFENCE DATE + 28 DAYS (or claim issue date plus 61 days )



SUBJECT: CLAIMANT v xxxxxxxxx CASE NO: XXXXXX
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 18th August 2014.

Kind regards

xxxxxxxxx
Defendant

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Thank you very much please could you also comment on my other case and help me with the options i have available .http://www.legalbeagles.info/forums/...ight=desidereo so weather or not i can evalute if i can settle or out of court or if i should goto court as in i want to avoid getting the ccj . id their a high chance they will get it etc . please help me with this

[Amethyst]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

I've just posted a draft defence for you on there - you need to hold your nerve for a bit and get the defence in, then in the next month or so we will have a better idea where we stand with that claim and whether to enter into negotiation or not. They haven't yet evidenced anything and you still don't know what the claim is actually for, other than guesswork.

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Ok Im now going to do this email . So this is just a straight email and doesnt have to be done through the money claim site where you can file your defence ?

[Darren Smith]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Ok Im now going to do this email . So this is just a straight email and doesnt have to be done through the money claim site where you can file your defence ? or do I email it and also register it on the money claim site too .
sorry to sound so silly lol x

[Kati]

Re: Court Claim - Cabot Financial ltd / Barclaycard - 19-12-2014

Ok Im now going to do this email . So this is just a straight email and doesnt have to be done through the money claim site where you can file your defence ?

Ok Im now going to do this email . So this is just a straight email and doesnt have to be done through the money claim site where you can file your defence ? or do I email it and also register it on the money claim site too .
sorry to sound so silly lol x

It looks like a straightforward email

To inform the court in writing;


Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk - obviously change the date to YOUR ORIGINAL DEFENCE DATE + 28 DAYS (or claim issue date plus 61 days )



SUBJECT: CLAIMANT v xxxxxxxxx CASE NO: XXXXXX
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 18th August 2014.

Kind regards

xxxxxxxxx
Defendant