• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court Claim - Cabot Financial / Halifax - 30-3-2015

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Court Claim - Cabot Financial / Halifax - 30-3-2015

    Received a claim? Yes
    Issue Date: 30-3-2015
    Amount approx: £18,691 plus fees and costs of £941.08
    Claimant: Cabot Financial
    Solicitor: Mortimer Clarke Solicitors
    Original Credit: Halifax

    Particulars of Claim:
    By an agreement between Halifax (HLX) and the Defendant on or around 20/10/2008 ('the Agreement') HLX agreed to loan the Defendant monies under the terms and conditions set out therein. In breach of the Agreements the Defendant did not pay the instalments as they fell due and the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 18690.72

    Stat Barred? No

    Have sent:

    Other Info:
    The last payment from me was in Spring, 2011 after which I went with a debt management company called Best Solutions (big mistake). This company charge me £1200 to set up the arrangement to deal with 4 creditors. At this time I was married and my ex-wife acknowledged responsibility too as they were family debts, The largest being with the Halifax as per this claim, which is in my name only. My ex-wife was previously on the debt plan arrangement but withdrew after we separated. However, although she cannot be held liable through the civil courts, divorce courts look at debts of the marriage as equal liabilities provided the funds were spent on family needs. This does not help me against the County Court!
    Tags: None

  • #2
    Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

    Hi welcome to LB,
    Have you acknowledge service of the claim and intention to defend?
    I don't think the divorce " settlement" will help you here.
    The Claim mentions an " agreement " was this loan regulated under CCA 1974?
    Is this a loan account secured/unsecured?
    What was the original sum loaned?

    nem

    Comment


    • #3
      Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

      Hi Nem,

      Many thanks for your quick response. I only received the claim this morning so will deal with my response in the next few hours. I have a copy of the agreement that was sent to me some time ago by Halifax, dated October 17, 2008; however, my signature is not in the 'Applicant's Signature' box. The loan was unsecured for £23,000.

      I mentioned in my first post that I was previously involved with the company Best Solutions who advised me to switch to their debt management plan, from the standard debt reduction plan. When I separated I could not afford to pay them any longer. I called them yesterday to request an update on my account status and whether there was any funds that could be returned to me. I was surprised to hear that two of the debts were considered unenforceable, one with Halifax credit cards and the other with MBNA, but they did not inform me of this. By coincidence this morning. I received the County Court claim from Cabot Financial for the other Halifax debt. It is possible that Cabot Financial have reacted to losing the enforceability of the credit card debt and so issued the court claim. Otherwise, the other Halifax debt I have is for a joint overdraft for £650 and that is still hanging over me. Either way, Best Solutions managed to negate £14,800 worth of debt, so not all bad!

      Many thanks

      Comment


      • #4
        Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

        Ok I would still send Cabot a CCA request.

        nem

        Comment


        • #5
          Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

          Originally posted by nemesis45 View Post
          Ok I would still send Cabot a CCA request.

          nem
          Many thanks, Nem

          CCA in the post. I sent this to the Group Chief Executive, Neil Clyne, Cabot Financial by recorded delivery.

          Bombardier

          Comment


          • #6
            Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

            Good job!!
            Please keep us posted on progress.

            nem

            Comment


            • #7
              Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

              Hi Nem

              I have received A letter from Cabot Financial dated April 9, 2015 in response to my CCA request dated March 31, 2015 in accordance with the standard letter you recommended. Cabot state that they did not have the information requested but anticipate being able to provide the information within 40 days. This deadline takes me well past the deadline for the submission of my defence, which is April 27, 2015 latest. Are Cabot in breach of the rules?

              As Cabot are unable to respond, bearing in mind that Mortimer Clarke briefly acknowledged that they are waiting for the client to provide information, what you recommend as my best next step? I also have a counter-claim against Lloyds Bank who are vicariously liable for the actions of Forthright Finance, a then subsidiary of the Bank of Scotland. This counter-claim would be for unfair charges and PPI dating back to 2001 and this matter is exempt the Statute of Limitations Act, as my date of knowledge can only have been in accordance with the Ombudsman's rulings that set the scene for these claims.

              Should I submit my defence and counter-claim, regardless of Cabot's inability to supply the paperwork?

              Many thanks

              Bombardier
              Attached Files

              Comment


              • #8
                Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                Just a quick reply yes get the defence in.

                Back later.

                nem

                Comment


                • #9
                  Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                  Hi Nem,

                  I notice that your site templates for submitting a defence highlight in bold type that the template is form 'Claims under £10,000'. Please advise me about the appropriate defence submission for my claim, which is to defend a claim for £19,000.

                  Many thanks

                  Bombardier

                  Comment


                  • #10
                    Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                    As you are in fast track you can push to an application for compliance with your CPR 31.14 request through court before you defence. http://www.legalbeagles.info/forums/...order-at-court
                    #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


                    • #11
                      Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                      Hi Amethyst,
                      Please explain what is the 'fast track'? The last day I may submit my defence is 28th April and I have heard nothing more since I notified this forum of the response from Cabot. I am unemployed, recently divorced and currently engaged in a financial dispute with my ex-wife. This debt is a debt from the marriage, a consolidation loan that was taken out to settle our old joint debts, but which is in my name so I am held liable even though the divorce court considers this debt and all debts taken out during the marriage as joint debts. I have also recently been diagnosed with leukaemia, so I do not need too much stress! As I gather I can do this before my final defence submission date, there just remains the issue of the costs of the application, which is expensive. I understand I can apply for fee exemption and I did this when submitting my divorce papers and was successful, but it takes a long time to process. I am worried that I might end up with a judgement before this matter is processed. What you think?

                      Many thanks

                      Bombardier

                      Comment


                      • #12
                        Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                        Fast Track : A more formal court, and process as Amethyst has said you can press now for
                        a full response to your CPR31 .14 request.

                        Comment


                        • #13
                          Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                          Many thanks, Nem. My last date for defence submission is April 28, 2015. I assume that if I submit form N244, I do not need to submit my defence? I noted in the specimen template for filling out form N244 that the 'attend hearing' box was ticked. Is it necessary to attend this hearing?

                          Bombardier.

                          Comment


                          • #14
                            Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                            Hello Moderators,

                            I have completed EX160 and form N244 - these will be posted to the court tomorrow morning by recorded delivery. Just one query: the witness statement template suggested for use has, at paragraph 6, A 'description' of further contact with the claimant. I have had no contact with the claimant since I sent in the CPR 31.14 request on 31 April. Should I attempt one call tomorrow morning? If anyone could suggest a way forwards, I am listening!

                            Comment


                            • #15
                              Re: Court Claim - Cabot Financial / Halifax - 30-3-2015

                              Hi,

                              I have now sent by next day delivery to Northampton CCBC my application for disclosure of documents using form N244. I also applied for the redemption using form EX160. We shall see where this goes.

                              Many thanks

                              Bombardier

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              1 of 2 < >

                              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 < >

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X