Court Claim - cabot financial uk limited / capital one - 14-1-2015

[terrified]

Received a claim? Yes
Issue Date: 14-1-2015
Amount approx: 1305
Claimant: cabot financial uk limited
Solicitor: mortimer clarke solicitors ltd
Original Credit: capital one

Particulars of Claim:
by an agreement between capital one and the defendant on or around 26/01/2008 (the agreement) CO agreed to issue a defendant with a credit card upon t&c 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, the claimant therefore claims £1305.90

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
I had a credit card from capital one, I was in the violent relationship at the time and money was one of the issues. I believe debt is barred as we talking 7 years back, I m not in the position to pay the amount claimed.any help on how do I go from here will be much appreciated, Im terrified and got no idea what to do. last thing I want is a CCJ and attachment to my salary or something. Im a domestic violence survivor trying to build my life back again.

[Kati]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Hi Terrified ... Welcome to LB

You will get lots of help and support from the Beagles here

As it's the weekend, we're a bit quiet right now ... but please try not to worry. While you're waiting, have a read of this thread - http://www.legalbeagles.info/forums/...it-Court-Claim Amethyst's advice is easy to understand and takes you through your first steps

Kati x

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

thank you Kati. I have read linked thread, still a bit confused. I just dont want to do something that would make my situation worse but in the same time I know there is limited time I have to respond to them, if I understood everything correctly.

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Am I right to think that now I need to send CCA request or do I have to send CPR? I am confused which step should I take now. anyone can help?

[Nuff55]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

CCA to Cabot
CPR to Mortimer Clarke

Send signed for post and keep copies of everything.

Cabot have 12 days to respond (plus 2 days for posting time) and Mortimers have 7.

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

CCA to Cabot
CPR to Mortimer Clarke

Send signed for post and keep copies of everything.

Cabot have 12 days to respond (plus 2 days for posting time) and Mortimers have 7.

thank you so much Nuff55! how much time I got left, date on the court claim was 14-01

[Nuff55]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

You need to get them off asap and you also need to be mindful that your defence will be due in soon

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

You need to get them off asap and you also need to be mindful that your defence will be due in soon

OK, I will send it first thing tomorrow. how long have I left for defence? and is sending these two letter classed as defence? or do I have to send anything to the court? sorry I am clueless here

[Nuff55]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

No - these two letters are to ascertain if they hold any paperwork to back up their claim. Chances are they haven't and without it they cannot get a ccj.

Your defence will be just that they cannot provide what the law says they must - there are examples on this site of how your defence should be laid out.

I'm assuming that on your acknowledgement of service you said you were going to defend in full?

[Nuff55]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Also your defence is due 28 days after you put in your Acknowledgement of service.

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

yes, I responded online to the claim and said I m going to defend in full.
can I send a defence whilst still waiting for them to come back to me? or ask to extend time for my defence?

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Also your defence is due 28 days after you put in your Acknowledgement of service.

I have acknowledged the service on the 26th Jan, is it 28 working or calendar days? where do I send it? and cabot and mortimer got their time to respond counting from the day of receipt or from the day I posted docs to them?

[Nuff55]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

If you send a defence they (Cabot etc) will then have a further 28 days to decide what they're doing (going ahead or withdrawing) - that should allow plenty of time for them to get paperwork to you- but I bet they can't/don't have it.

According to my calculations if you sent an AoS on 14/1/15 then your defence is due in on/around 11th Feb - so I guess the decision is yours. If you don't put one in they will probably go straight for the CCJ. If you do put in a defence you've got at least another month...

[Nuff55]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

it's 28 days from the date of the court papers - not from your AoS. You file your defence online as you did your acknowledgment.

Cabot etc from the date of receipt.

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

it's 28 days from the date of the court papers - not from your AoS. You file your defence online as you did your acknowledgment.

Cabot etc from the date of receipt.

ok so I got a day left to fill my defence online, can I based it on the fact that I have sent cpa etc and still waiting to hear? who then is deciding on my defence? the court or cabot etc? Am I right thinking I am better off to fill the defence anyway