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

[Amethyst]

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

Yes xxx

[Darren Smith]

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

Done defence in !

[Darren Smith]

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

Hi I have had two letters now one from the court
acknowledging the receipt of the defence , a copy has been served on the claimants solicitor says they may contact ne says if claim cant be resolved informally then they will inform the court how they want to proceed
Say where they want to proceed they must do so within 28 days of receiving my defence after that the claim will be stayed .

Mortimer Clarke then wrote to me
Saying We are taking instructions from our client in relation to the contents of your defence . We would be Grateful if you could supply us with a copy of the letter you say was sent by our client saying that this matter is unenforceable.

So I am now sending them a copy of this letter today .

[nemesis45]

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

Have to wonder why MC can't get a copy of the letter from their client???
Get proof of posting or use signed for post.
nem

[Darren Smith]

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

yes i will send it signed for . i have taken a copy of what in the envelope too and kept the original . please can you look at my other thread. x

[Darren Smith]

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

please could you take a look at this thread for me too ?
http://www.legalbeagles.info/forums/...309#post523309

[Darren Smith]

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

they sent a letter today saying that they have not been able to complete my request unde the consumer credit act 1974 - they have said they are no longer going to persue the claim in the court and that the amount should no longer appear on my credit file .

[FlamingParrot]

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

they sent a letter today saying that they have not been able to complete my request unde the consumer credit act 1974 - they have said they are no longer going to persue the claim in the court and that the amount should no longer appear on my credit file .

That's excellent news:cheer2::cheer2: :cheer2:but make sure you check that the claim has actually been discontinued.

I note above that you received one of them Cabot letters saying the account was unenforceable even when they've issued a claim, there's someone else who got one of them yesterday I think it was, this certainly will be good news for them as well! :whoo: :whoo: :whoo:

[Darren Smith]

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

ok so send a copy of this letter to te court and ask them to discontinue it

[FlamingParrot]

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

ok so send a copy of this letter to te court and ask them to discontinue it

The claimant has to inform the court if they wish to discontinue their claim, you just need to make sure they have done so. If you don't receive anything in the post in the next few days you should check with the court.

[Darren Smith]

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

Now ringing them

[FlamingParrot]

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

Now ringing them

Do keep us posted. :typing:

[Darren Smith]

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

I rang them today they said to my suprise that that the debt had been written off as i had been made bankrupt ?????
lol i haven't . their letter said about they couldn't get a copy of agreement . so had dropped it
they said i need to inform the court ??? - they are meant to be taking me to court? they then said they had upgraded their computer system ..... she asked me again had i been made bankrupt ..... so i hung up - i dont mind them thinking im bankrupt . - the debt is statute barred now anyway .
Unless they have tried to make me bankrupt and i dont know ?

I have changed address though my landlord gave me my male from the house .
do i need to give cabolt my new address ?
also do i need to speak to the court ?

- - - Updated - - -

I havent told the court of my new address either

[Darren Smith]

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

just checked my credit report . no bankruptcy thing on there lol will send a letter to the court tomorrow and give a copy to Cabott with my new address

If i just put that cabott have said they are dropping the case include the letter and include my new address and send a copy to both parties

[FlamingParrot]

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

I rang them today they said to my suprise that that the debt had been written off as i had been made bankrupt ?????
lol i haven't . their letter said about they couldn't get a copy of agreement . so had dropped it

:scared: :scared: :scared:

they said i need to inform the court ??? - they are meant to be taking me to court?

What? They didn't know they'd issued a claim either? :confused2:

It is the claimant who has to inform the court that they are discontinuing as per CPR 38.3: https://www.justice.gov.uk/courts/pr...es/part38#38.3

Procedure for discontinuing

38.3
(1) To discontinue a claim or part of a claim, a claimant must –
(a) file a notice of discontinuance; and
(b) serve a copy of it on every other party to the proceedings.

they then said they had upgraded their computer system ..... she asked me again had i been made bankrupt ..... so i hung up - i dont mind them thinking im bankrupt . - the debt is statute barred now anyway .

Was it SBd when they issued the claim? The clock would have stopped at that point. (I've not read back through the entire thread).

Unless they have tried to make me bankrupt and i dont know ?

I have changed address though my landlord gave me my male from the house .

A statutory demand would be required, followed by a bankruptcy petition. Unlike court claims, these have to served personally or brought to your attention.

do i need to give cabolt my new address ?
also do i need to speak to the court ?

I havent told the court of my new address either

It's best if they have your address so they can communicate with you and avoid nasty surprises.

They need to inform the court of the discontinuance but you may want to check with the court to see if they've actually done so, all the above sounds rather odd. :noidea: