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Default Court Claim - Cabot / Barclaycard - 22-12-2014

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  • Default Court Claim - Cabot / Barclaycard - 22-12-2014

    Received a claim? Yes
    Issue Date: 22-12-2014
    Amount approx: 1489.14 (1339.14 + court fee: 70 + solicitors fee: 80)
    Claimant: Cabot Financial (UK) Limited
    Solicitor: Drydens Limited
    Original Credit: Barclaycard

    Particulars of Claim:
    The Claimants claim is for the sum of 1489.14 under an agreement regulated by the Consumer Credit Act 1974, between the defendant and Barclaycard account number ******** and assigned to the Claimant on 15/02/2011, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement despise requests for such payment. And the claimant claims the sums of 1489.14 together with costs

    Stat Barred? No

    Have sent:
    Acknowledged the claim on 24/12/2014 received on 29/12/2014

    Sent a CCA Request to the Cabot > 24/12/2014 Received the letter yesterday that they does NOT have this information on file and have requested the relevant information from the original lender. and will be able to provide the information within 40 days.

    Sent a CPR request to the Drydens > 24/12/2014 > No reply from them so far.

    I haven't got much time left to submit my defence as i have calculated it need to be submitted by 22/01/2015. Please correct me if I have calculated it wrong.

    Any advice on what should be the next course of action be and help with the defence will be very highly appreciated.

  • #2
    Re: Default Court Claim - Cabot / Barclaycard - 22-12-2014

    Well sounds like you are completely on top of things and right on track xx I get your defence as being due Saturday, January 24, 2015, so 23rd at the latest really.

    So far sounds like a standard 'lack of documents, no CCA' defence is appropriate. There's an example of this http://www.legalbeagles.info/forums/...t-Court-Claims which you could use as a bit of guidance.

    What year did you open the barclaycard account do you think ? last payment/acknowledgement of the debt ? and are there any other issues/disputes/ppi etc with the debt ?

    Oh, and welcome to LB :beagle:
    #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: Default Court Claim - Cabot / Barclaycard - 22-12-2014

      Many thanks for a prompt advice and help.

      I have checked the noddle and the one the account is showing by cabot name which I believe is the one they are referring but the opening default amount on that is 1207 and current default amount is 1339 and the default date is 29/11/2009.

      The debt was never acknowledged since the default date however, I had a PPI claim against barclays and barclaycard last year and Barclaycard refused the claim.

      Thanks for correcting me on the dates for defence I shall start working on this, and also for the warm welcome.

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

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