Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

[Amethyst]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

We used to do a lot more unless orders before, I used to suggest them more than generic defences, unless the claims were very low value, but then we got some awkward judges, didn't we? Plus the £155 N244 fee unless they qualify for fee remission.

There was, however, a success story this morning with an unless order, quoted below so it may still be worth going down that route:

Yep I am still a bit wary of the unless order route - and of course the £155 makes it a bit of a stretch for some, but it is still (I think) the best way to get a claim ditched quicker and more conclusively than it ending up perpetually stayed by them failing to respond to the defence. Great to hear greensoarer used that route and it paid off... i'll try have a read later xx

Easier of course if you can get fee remission.

(apols if I repeated what you said on the 40 days issue btw must have been typing at same time xx)


( on Jon's other comment about not having made the claim without the necessary documents - it all seems to have gone quiet on the debt pre-action protocols - any one heard 'owt lately ?)

[jon1965]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Maybe someone needs to take cabot in hand and make a complaint to be followed through. The FCA couldnt be clearer in what they say about time they were enforced. I have always been a belt n braces type of person who believes in attacking on all fronts.

[Amethyst]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

I've noticed xx

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

( on Jon's other comment about not having made the claim without the necessary documents - it all seems to have gone quiet on the debt pre-action protocols - any one heard 'owt lately ?)

One can only hope they do come up with one, as it stands, the new PD stinks!

The Annex that listed everything that a creditor should supply has gone and what's left is very generic and wishy-washy, hardly anything left to quote in a debtor's response to a LBA other than "the parties are supposed to exchange information..." :blah: :blah:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Hi all,

Ok week to go before the deadline is due to submit defence and guess what? No documents no response from the solicitors and nothing yet from Cabot except the bog standard letter. When should i submit my defence? Shall I do this now or leave it till Friday??

I have not chased the solicitors as not sure if this will poke the hornets nest so to speak but if this is not advisable then I will email them ASAP.

Thanks again
j

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Hi all,

Ok week to go before the deadline is due to submit defence and guess what? No documents no response from the solicitors and nothing yet from Cabot except the bog standard letter. When should i submit my defence? Shall I do this now or leave it till Friday??

I have not chased the solicitors as not sure if this will poke the hornets nest so to speak but if this is not advisable then I will email them ASAP.

Thanks again
j

You can try asking them to agree to a 28 day extension. It's usually a good idea to do it, if they refuse, you can add that to your generic defence based around not having sent you any documents. It shows you've exhausted all avenues with them. :thumb:

You can send an email saying that you need the paperwork that they should have had in their possession in the first place, before issuing the claim, to prepare your defence. As you haven't got it, would they be so kind as to agree to a 28 day extension as allowed under CPR 15.5. If there's no reply, chase up by phone. If they agree, you need to inform the court (forward the email or letter). :typing:

If they refuse to agree an extension, then you need to submit your defence before Friday. You will find examples of generic defences based around not having received documents here: http://www.legalbeagles.info/forums/...t-Court-Claims

No need to chase the CCA request though, non-compliance is a bar to enforcement (although only whilst they are in default of your request). :thumb:

Do keep us posted.

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

You can try asking them to agree to a 28 day extension. It's usually a good idea to do it, if they refuse, you can add that to your generic defence based around not having sent you any documents. It shows you've exhausted all avenues with them. :thumb:

You can send an email saying that you need the paperwork that they should have had in their possession in the first place, before issuing the claim, to prepare your defence. As you haven't got it, would they be so kind as to agree to a 28 day extension as allowed under CPR 15.5. If there's no reply, chase up by phone. If they agree, you need to inform the court (forward the email or letter). :typing:

If they refuse to agree an extension, then you need to submit your defence before Friday. You will find examples of generic defences based around not having received documents here: http://www.legalbeagles.info/forums/...t-Court-Claims

No need to chase the CCA request though, non-compliance is a bar to enforcement (although only whilst they are in default of your request). :thumb:

Do keep us posted.

Hi I realised I have made an error and thought my defence was due in the 12th it's not it's today 8th if I submit it online tonight will that suffice???

Also no positive response from the solicitors they claim they sent acknowledgment of by CPR request on the 15th June but I did not receive.

Please advise thanks j

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Hi I realised I have made an error and thought my defence was due in the 12th it's not it's today 8th if I submit it online tonight will that suffice???

Also no positive response from the solicitors they claim they sent acknowledgment of by CPR request on the 15th June but I did not receive.

Please advise thanks j

Yes, do file your defence online a.s.a.p. :clock:

The generic defence linked to above makes allowances for not having received any response, just make sure you edit the relevant bits and submit it today. :typing:

[nemesis45]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Your fine if you get that in before midnight.
You still state no response to CPR 31.14.

nem

[jon1965]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

As FP says get it in asap, I think we have all fallen foul of s dropped Internet connection or website maintenance in the past.

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Yes, do file your defence online a.s.a.p. :clock:

The generic defence linked to above makes allowances for not having received any response, just make sure you edit the relevant bits and submit it today. :typing:

Hi again,

Just to confuse things Weightmans responded to my emails and calls I was chasing up today as I thought I had more time. Attached is an email sent by them at 16:46PM however not had time to get in touch with the court to advise they agreed to extend 14 days!!

Should I just submit the defence anyway then advise the solicitors that I have done so tomorrow morning.

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

As FP says get it in asap, I think we have all fallen foul of s dropped Internet connection or website maintenance in the past.

The court doesn't stop you from submitting your defence once the deadline has passed, the danger is that the claimant can request judgment in default. :scared:

As long as that's not the case, the defence will go through even if it's late.

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Hi again,

Just to confuse things Weightmans responded to my emails and calls I was chasing up today as I thought I had more time. Attached is an email sent by them at 16:46PM however not had time to get in touch with the court to advise they agreed to extend 14 days!!

Should I just submit the defence anyway then advise the solicitors that I have done so tomorrow morning.

That means they weren't going to request judgment!

You can forward the letter to the court by email: ccbcdefendants@hmcts.gsi.gov.uk

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

That means they weren't going to request judgment!

You can forward the letter to the court by email: ccbcdefendants@hmcts.gsi.gov.uk

Thanks I have forwarded the letter via email to the court. Do I need to chase up with them to ensure receipt? If they were not going to request judgement is that an indication they don't have the necessary documents to backup the claim??

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Thanks I have forwarded the letter via email to the court. Do I need to chase up with them to ensure receipt? If they were not going to request judgement is that an indication they don't have the necessary documents to backup the claim??

What I meant to say is that, since they had already drafted a letter agreeing to a 14 day extension, they were not going to request judgment tonight so to speak. If you don't submit a defence in 14 days, they may well request it then. :scared:

To clarify, no documents are required to obtain default judgment, that is entered upon request when the defendant has either not acknowledged the claim or has failed to file a defence within the relevant timescales. Default judgment is a purely administrative process that does not require the production of any evidence to back up the claim.

Yes, it would be good to chase up to ensure receipt but don't be surprised if they tell you they have a backlog and are still processing stuff from last week.