Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

[ohwhatalad]

Received a claim? Yes
Issue Date: 15-12-2014
Amount approx: 935.26
Claimant: CABOT FINANCIAL
Solicitor: MORTIMER CLARKE
Original Credit: EGG

Particulars of Claim:
by an agreement between opus card ('opus') and the defendant on or around 26/07/2007 ("the agreement") opus agreed to issue the defendant with a credit card upon there 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 . THE CLAIMANT THEREFORE CLAIMS 935.26

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Egg card was taken out in 2006, sold to OPUS in 2007.

Cabot financial took over the debt, i have made 2 or 3 payments to CABOT in the past, but i can't remember how long ago, maybe 2-3 years ago. I have no record of these so cannot find out exact date unfortunatly.

Today i have asked to defend the case on MCO sent off the CCA request to CABOT & the CPR request to MORTIMER as read to on the forums.

Any help or advice would be appreciated as i have never dealt with anything like this before.

Many thanks and Hello all.

Scott

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Hi, Scott,

You have made a good start!!

It will be interesting to see what is provided for the CCA request many of these Opus/Egg agreements are very dodgy indeed.

Cabot are playing some very silly games at present e.g. claiming to have 40 days to comply with a CCA request instead of 12 + 2 Working Days if this happens reject it.

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Thankyou for the reply,

Am i right in thinking that until Cabot provide the CCA request the court claim cannot go any further, ie a judgment ordered?

Many thanks, Scott

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Am i right in thinking that until Cabot provide the CCA request the court claim cannot go any further, ie a judgment ordered?

Many thanks, Scott

You need to submit a defence within the allowed timescale (a total of 33 days from date on claim). Lack of compliance with a CCA request can be used in your defence but it still has to be submitted, otherwise they can request default judgment. :scared:

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Understood thankyou, so i have until 18th January 2015 to put up my defense. Do i do this online also, same as i did to acknowledge?
I understand it would probably be wise to wait until at least 17th January to do so, so i can make sure they have replied with all the appropriate documents (or not ).

Many thanks

[spirit2534]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

What you MUST do is to file a defense!

What Cabot want you to do is to fail to fail a defence.

They can then go for a "Default Judgement"

Once you have filed a defence, it will have to go to a court, this is usually just what Cabot don't want. !

Best of luck !!

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Understood thankyou, so i have until 18th January 2015 to put up my defense. Do i do this online also, same as i did to acknowledge?
I understand it would probably be wise to wait until at least 17th January to do so, so i can make sure they have replied with all the appropriate documents (or not ).

Many thanks

Yes, you can also file your defence online on the MCOL site. :thumb:

They should reply to the CPR request in 7 days, once they're up you should contact Mortimer Clarke and ask them to agree to a 28 day extension as allowed under CPR 15.5. MC have agreed in other cases posted on here. You shouldn't wait till the 17th to chase them up, do that as soon as the 7 days have elapsed. :cell:

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

I have now only 3 days till i have to file defense,
Mortimor clarke did not respond to my letter, nor an email sent yesterday with regards to CPR request or 28 day extension.

Received nothing from CABOT either.

Is there a basic defense template i can start to work on as id like to post here before i apply it on the MCOL site.

Many thanks

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

http://www.legalbeagles.info/forums/...t-Court-Claims

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

thanks Amethyst, i have used your template as a guide please can you tell me if my defence looks OK

i have received 0 comms from either mortimer clarke or cabot financial regarding the requests i sent off.

many thanks for your help

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

As it is a credit card you want to amend so only s 78 is quoted ( so delete the square brackets and s 77 bits) then un bold it all xx Otherwise perfect xx

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

All done, i guess im ready to put it on the MCOL site then

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Yip, seems a bit too straightforward doesnt it

You've had absolutely nothing back from Cabot at all ?

Not majorly suprised these Egg agreements are stored at Barclaycard now and they do seem to have trouble getting hold of them.

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

hi amethyst, i didnt receive any comms from either cabot or mortimer solicitors. i emailed mortimer 4 days ago chasing up my letter to ask if they had made a decision on the 28 day extension and they didnt even bother replying to that either!! ?

very odd indeed.

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

would you believe it, just after filing my defence last night i receive a letter reply from CABOT saying "They do not currently have this information on file, we have requested it from the original lender" then below stating the usual it may take up to 40 days to produce this information!