Court Claim - Cabot Financial / Sainsburys - 5-5-2015

[sloane82]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

No you need to contact them. Seems a bit odd this.

[nemesis45]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

No you need to contact them. Seems a bit odd this.

Contact who??

nem

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi Nemesis,

finger crossed the court would still consider my defence,
Today had to call the helpline, as I was expecting N244 reply,
I did called last week making them aware I forgot to inclose copies of documents (as each side needs one), they told me not to send them and wait for the court letter sent 1st july, they did not say my claim was rejected,
they only disclosed this today over the phone.
I rushed and paid the n244 court fee as they said I could get it refunded if I did not proceed with a n244.
So by the time I then reorganised the documents I said to myself lets try to do a defence, the clock was ticking. I rushed to the post office and i sent in guaranteed 1pm tomorrow, so hopefully they might still count today date as in the date of the defence itself, (coinciding with my deadline)

I paid in the past the DCA 1 pound a month till 2012, as I was then chased by many other DCAs for the same debt I got suspicious. When then Cabot did not renew the agreement for 1 pound, my bank standing order stopped automatically. So I am sure they might have a record of my situation and being "vulnerable". The only contact I had with the Solicitor not the claimant I told them I am not working and in receipt of benefit. However I refused to answer other questions such you live in rented accomodation etc, as I thought they might use them to fake a cca or something. I did not inform the claimant directly though just solicitor.

Should I send them a Financial Stataement at this stage?

thanks to all of you for advice and encouragement

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

to avoid misundertanding on what I have written

Over the phone they told me either file a defence as the claimant might not yet apply for default or reapply filling a new n244

[FlamingParrot]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi

I sent the n244 that was rejected on the basis my income proof for exemption of fees was more than 3 month old,

Unfortunately they are very strict with regards to that sort of thing. The problem for benefits claimants is that your award letter would probably be several months old so you'd need to request a special letter from the DWP. However, all that information is on the EX160.

I now served a defence instead although this is one day late, hoping that will still be accepted by the court. Could not be more disappointed at this stage

The deadline for filing your defence is so as to avoid the claimant requesting default judgment against you, which they can only do after the deadline has passed. If no judgment has been requested, there is no reason why the court would not accept your defence just because it's a little late. ray:

[nemesis45]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

to avoid misundertanding on what I have written

Over the phone they told me either file a defence as the claimant might not yet apply for default or reapply filling a new n244

Personally I think filing a defence is better than unless order, it is to your advantage if the documents CCA in particular are not found/supplied.

Also I would also bring to notice your disability/ vulnerability it may have been "forgotten".

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

finger crossed the court would still consider my defence,

As above, as long as no judgment has been requested, there is no reason it shouldn't be considered.

So by the time I then reorganised the documents I said to myself lets try to do a defence, the clock was ticking. I rushed to the post office and i sent in guaranteed 1pm tomorrow, so hopefully they might still count today date as in the date of the defence itself, (coinciding with my deadline)

Is there any reason for not filing it online on the MCOL website?

Should I send them a Financial Stataement at this stage?

thanks to all of you for advice and encouragement

I would wait to hear from the court now you have filed your defence. The claimant has 28 days to respond and say whether they wish to proceed with the claim. Let's see how it goes. Presumably you filed the generic defence saying no documents had been supplied.

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi

Yes FlamingParrot,

I did not send an email it as it was past 4 pm and also thought defence needed original signature not acanned copy.

Thanks.

Hi Nemesis I will inform the claimant directly with a letter mentioning my disability and inform I filed a defence.

thanks

[sloane82]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Sorry the Financial Ombudsman Service can you post any information about this also please paperwork etc.

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi, Just un update.

On 7 July the court has written to inform me, that unless the claimant wishes to proceed, within 28 days the case will be stayed. On 11 of july MC wrote to me, telling they received the defence, will let the claimant know and that they will get in touch if needed. Now is the 9 August, I guess the 28 days have passed.

Should I check with the court the claim is indeed stayed or is it unnecessary?

I was hoping for a strike off, a stay can be lifted, although the claimant might have to pay to get an order to do so. Hope it wont resurface in a few month.

Thanks

[FlamingParrot]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Yes, it would be a good idea to check the status of the claim although I'd probably give it a few days because there seems to be a bit of a backlog. There has been mixed experiences with strike out applications - some defendants have been told they'd need to apply to lift the stay to start with. :ohwell:

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi,

Does that mean I can still apply for a strike out once the stay is in place?

If so are there any examples here or is it the same I did with my unless order, N244 that was rejected?
If I do that it means I will get a hearing I suppose.

thanks

[nemesis45]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi,

Does that mean I can still apply for a strike out once the stay is in place? If so are there any examples here?

thanks

Wait and check to see if the claim get's stayed, an immediate application for strike out may be rejected.

nem

- - - Updated - - -

Hi,

Does that mean I can still apply for a strike out once the stay is in place? If so are there any examples here?

thanks

Wait and check to see if the claim get's stayed, an immediate application for strike out may be rejected.

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Does that mean I can still apply for a strike out once the stay is in place?

Yes, ideally you should wait until the claim has been stayed for a while because you'd have a stronger argument to argue that the claimant issued the claim as an abuse of process and did not intend to take it further. :thumb:

If so are there any examples here or is it the same I did with my unless order, N244 that was rejected?
If I do that it means I will get a hearing I suppose.

The N244 form is just a general application form which can be used for various purposes depending on what you are asking the court to do. As with the unless orders, it's a bit of a lottery, some strike out applications have been successful and in some cases defendants have been told they needed to apply to lift the stay first. :ohwell:

An example is here but it's still a little early for that: http://www.legalbeagles.info/forums/...139#post494139

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

hi,

I wonder if somebody can help, this is now more than a year old thread for the credit collectors who started a CCJ but did not get througgh as they could not provide relative documents. I am a disabled with a newly diagnosis of invasive skin scancer and I would rather not having to deal with the situation now. Cabot sent the documents, basically the one page agreement (Not legible) with my signature (legible) and sevearl statement (2003 to 2004). I would like to argue that the agreement must be legible and clearly shows that the I agrreed for the debt to be sold to third parties, as the latter should be stated in the T&C. There is not note of the debt ever been sold either. The statemnts also do not look legit, as the last 2, one shows a balance transfer on top of zero owed amount, going back few months there is also a credit limit increase, which justify what I believed is an inflated amount they are asking. I would then would like to argue that the statement looks fraudulent as I never received a credit increase and the amount they claim I owe them is above the original credit limit. it is also quite unusual that the credit limit on a cc card goes from 3500 to only 4500 as we are talking of 2004, I believe the original credit was 3000, the amount they claim I owe is 4085.53, while instead should just be short of 3000 from my memory. I am asking for some help in writing to their solicitor especially regarding the credit agreement issue and if the fact that right of sale of the debt need to be in the agreement. If someone could take the time to answer I will appreciate it.
Thanks in advance