Court Claim - Cabot Financial uk ltd / MBNA - 22-5-2015

[Jay10]

Received a claim? Yes
Issue Date: 22-5-2015
Amount approx: 4506.51
Claimant: Cabot Financial uk ltd
Solicitor: Mortimer Clarke solicitors
Original Credit: MBNA

Particulars of Claim:
By an agreement between MBNA () & the Defendent on or around 01/10/1999 ('the Agreement') agreed to issue the Defendent with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendent failed to make the minimum payments due & the agreement was terminated. The Agreement was assigned to the claimant. The CLAIMANT THEREFORE CLAIMS 4241.51

Stat Barred? No

Have sent:

Other Info:
Currently on maternity leave, looking after my disabled father. Picked up letter yesterday from my home address. Rung the courts did not get through and I Logged on to money claim and found that Judgement had been entered against me on the 15/06/15.

Is there anything I can do? Prior to this I was paying a token payment monthly which broke down earlier this year as currently not working and I had to use all my money to keep my mortgage and council tax updated.
Please help

[FlamingParrot]

Re: Court Claim - Cabot Financial uk ltd / MBNA - 22-5-2015

Welcome aboard

Did you acknowledge the claim and/or submit a defence?

Were you aware that a claim had been issued or did you just find out? Was it sent to your usual address but you've been staying at your dad's?

You may be able to apply for set aside but the court would look at your reasons for not responding to the claim as well as the prospect of a successful defence to the claim.

[Jay10]

Re: Court Claim - Cabot Financial uk ltd / MBNA - 22-5-2015

Thanks for responding Flaming Parrot.
I have been away so post has not been checked until this week. So, no I was not aware that claim had been issued. I have not done anything until today when I logged on to Goverment Portal and found out a judgement has already been awarded.

Can an you point me in the direction of what I can do please.

Welcome aboard

Did you acknowledge the claim and/or submit a defence?

Were you aware that a claim had been issued or did you just find out? Was it sent to your usual address but you've been staying at your dad's?

You may be able to apply for set aside but the court would look at your reasons for not responding to the claim as well as the prospect of a successful defence to the claim.

- - - Updated - - -

Yes it sent to my home address but I was not staying there as I explained

[FlamingParrot]

Re: Court Claim - Cabot Financial uk ltd / MBNA - 22-5-2015

To apply for set aside you need form N244. A £155 fee is payable but you may qualify for fee remission in certain circumstances, see ex160.

Apart from not having received the claim, you'll need to show you have a good prospect of defending the claim. Did you ever dispute this debt with MBNA? Ever request a copy of your agreement (a CCA request)?

See here for more info regarding set aside applications: http://legalbeagles.info/library/how...-judgment-ccj/

[Jay10]

Re: Court Claim - Cabot Financial uk ltd / MBNA - 22-5-2015

Thanks for your advice Flaming Parrott

I actually went to court with them about 6 years ago and because they could not supply the CCA, they were unable to take it any further. But I did make token payments until recently. I have spent the whole weekend looking for paperwork about this to no avail.

Can I request a copy of my CCA again? Can I get a copy of last time they took me to court and Sorry to sound foolish what does it mean to defend a claim? What do you put?

thank you in advance?

To apply for set aside you need form N244. A £155 fee is payable but you may qualify for fee remission in certain circumstances, see ex160.

Apart from not having received the claim, you'll need to show you have a good prospect of defending the claim. Did you ever dispute this debt with MBNA? Ever request a copy of your agreement (a CCA request)?

See here for more info regarding set aside applications: http://legalbeagles.info/library/how...-judgment-ccj/

[FlamingParrot]

Re: Court Claim - Cabot Financial uk ltd / MBNA - 22-5-2015

Thanks for your advice Flaming Parrott

I actually went to court with them about 6 years ago and because they could not supply the CCA, they were unable to take it any further. But I did make token payments until recently. I have spent the whole weekend looking for paperwork about this to no avail.

Was that for the same account? What happened with the claim, did you defend it, did they discontinue? Can you give us a little history? :typing:

Can I request a copy of my CCA again?

You can try, however, they could argue that, as judgment has been obtained, they no longer have a duty to respond.

Can I get a copy of last time they took me to court and Sorry to sound foolish what does it mean to defend a claim? What do you put?

thank you in advance?

What did you do last time they took you to court? Did you not defend?

If they took you to court for this same account and then had to discontinue because they could not supply the documents, it sounds like the new claim could be abuse of process, however we need to know what happened at the time and over the past six years.