Cabot CCJ Claim From Northamptom Business Centre

[nero_810]

Hi,

Good Afternoon. I received a CCJ claim from from Northamptom Business centre on 24th Dec 2014 ( Dated 22/12/14) and I acknowledge the claim and wish to defence the claim.

The claimant - Cabot Financial

Solicitor -Restons Solicitors

Amount -£700 ( credit card debt )

And I followed most the steps from your forum ( which is very helpful ) however I forgot to send the CCR 14 to claimant and did sent CCA request to Cabot. And they replied to wait 40 days. And I have to submit my defence tomorrow. Is there any advices / suggestions will be appreciated.

Regards
Nero

[nemesis45]

Re: Cabot CCJ Claim From Northamptom Business Centre

Hi Welcome,
Another Cabot 40 days to comply with a CCA Request, they have 12 + " Working Days to comply!
What have you got so far by way of a defence?
Certainly the Failure to Comply with the CCA request can be used.

The 40 day letter should be answered by rejecting their claim to have such a time scale.
Do CPR 31.14 to Restons Now.
When was the account opened?
When did Payments cease?
When was it defaulted?
PLEASE send a copy of that letter to the Financial Conduct Authority it is interested this misleading letter.

[nero_810]

Re: Cabot CCJ Claim From Northamptom Business Centre

Thanks for swift reply. So I have to leave out the CCR 15 bit and file a defence with CCA?
Also what are my chances? Because I want to avoid CCJ.

[nero_810]

Re: Cabot CCJ Claim From Northamptom Business Centre

I think CCA might be my only defence. Because the debt is not statue barred as far as I am aware.

[nemesis45]

Re: Cabot CCJ Claim From Northamptom Business Centre

If you can answer the questions in my earlier post it will be easier to advise once we have some "history" of the debt.
CPR 31.4 is a request for the documents mentioned in the Particulars of Claim (POC) so send that to Restons now.

[nero_810]

Re: Cabot CCJ Claim From Northamptom Business Centre

I will send the CPR 31.4 today to their solicitors however the last date to file my defence is tomorrow.
The account probably opened in 2008/9
The payment to creditor ceased in 2010
Defaulted in 2011

[nemesis45]

Re: Cabot CCJ Claim From Northamptom Business Centre

What do you have as a basis for your defence??

[nero_810]

Re: Cabot CCJ Claim From Northamptom Business Centre

What do you have as a basis for your defence??

Thanks for the reply.
i think it will be only CCA.
should I ask for extension?

[nemesis45]

Re: Cabot CCJ Claim From Northamptom Business Centre

Good idea!
I think this needs looking into further.
nem

[nero_810]

Re: Cabot CCJ Claim From Northamptom Business Centre

Good idea!
I think this needs looking into further.
nem

Thanks, how should I do that? Is there any template to ask for extension ?

[Amethyst]

Re: Cabot CCJ Claim From Northamptom Business Centre

Thanks, how should I do that? Is there any template to ask for extension ?

http://www.legalbeagles.info/forums/...filing-defence

[nero_810]

Re: Cabot CCJ Claim From Northamptom Business Centre

Hi,

I sent the email to Restons solicitors regarding the extension and no reply yet.
Should I wait them or just send the extension letter to court?
Because my last date for defence is 24/01/15 and i doubt that the court will open on Saturday.
I don't know what to do next please advice me.

[wayne7]

Re: Cabot CCJ Claim From Northamptom Business Centre

Hi
I would enter my defence if I was in your position, otherwise you my find the other parties don't play fairly.....

good luck

[Amethyst]

Re: Cabot CCJ Claim From Northamptom Business Centre

Hi,

I sent the email to Restons solicitors regarding the extension and no reply yet.
Should I wait them or just send the extension letter to court?
Because my last date for defence is 24/01/15 and i doubt that the court will open on Saturday.
I don't know what to do next please advice me.

Get your defence put in to court as wayne says.

Example defence to get you started http://www.legalbeagles.info/forums/...t-Court-Claims

HOWEVER - the debt is quite recent ( 2008/2009 ) defaulted in 2011 - I can't see who the original creditor was - but this recent it is likely they will find compliant documents - and as it is a relatively small amount and you really don't want a CCJ - you could enter into negotiation with the claimant after you have put the defence in and before the next step - while they still haven't complied with your CCA request to give you a bit of an edge.

[nero_810]

Re: Cabot CCJ Claim From Northamptom Business Centre

Get your defence put in to court as wayne says.

Example defence to get you started http://www.legalbeagles.info/forums/...t-Court-Claims

HOWEVER - the debt is quite recent ( 2008/2009 ) defaulted in 2011 - I can't see who the original creditor was - but this recent it is likely they will find compliant documents - and as it is a relatively small amount and you really don't want a CCJ - you could enter into negotiation with the claimant after you have put the defence in and before the next step - while they still haven't complied with your CCA request to give you a bit of an edge.

Thanks for the replies guys. I will give them a couple more days to respond my extension request because the court told me I can send my defence with email on Monday the latest. Meanwhile I will prepare my defence wish me luck.
thanks again for all your help. I will update if there is any progress.