Court Claim - Cabot / Halifax - 4-6-2015

[Dawnielou]

Received a claim? Yes
Issue Date: 4-6-2015
Amount approx: 9550.14
Claimant: Cabot
Solicitor: Weight mans llp
Original Credit: Halifax

Particulars of Claim:
1. The defendant entered into a credit agreement described by the original creditor as Halifax-loan and having the account number xxxxxxxxx (the account)
2. The claimant, a U.K. Limited company with co no 3757424, is the assignee and legal owner of all rights previously enjoyed by the creditor in respect of the account.
3. The defendant is indebted to the claimant in respect of the accounting the sum of 9040.14
4. The claimant claims the said sum of 9040.14 plus costs

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
Help really needed please claim form was sent to wrong address so i received it late, have acknowledged service on line as time was running out but am panicking about defence as haven't got a clue how to word it and don't want to trip myself up, the debt to my knowledge is statute barred as not acknowledged or made payment since March 2006, could well be earlier but that's the latest date

Any help really appreciated I'm so worried over this and don't know what to do

Dawnielou

[FlamingParrot]

Re: Court Claim - Cabot / Halifax - 4-6-2015

Hi and welcome aboard

Don't panic, you have acknowledged service which is the important thing for now. :thumb:

If the issue date was the 4th of June, you have until the 7th of July to file a defence - 33 days from date printed on claim form: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

Below are the usual steps to take upon receipt of a claim, you have already taken step one which was to acknowledge.

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

Although you say the debt is SBd, it's always a good idea to request the documents as a back-up.

[Dawnielou]

Re: Court Claim - Cabot / Halifax - 4-6-2015

Hi thanks for replying, I will send them today, what happens if they don't acknowledge in time, no idea how to write defence, also what happens if they do produce cca, sorry if I being a bit dim but this is all new to me
Dawnielou

[FlamingParrot]

Re: Court Claim - Cabot / Halifax - 4-6-2015

Hi thanks for replying, I will send them today, what happens if they don't acknowledge in time, no idea how to write defence, also what happens if they do produce cca, sorry if I being a bit dim but this is all new to me
Dawnielou

No worries, that's what we're here for. :thumb:

• CCA request - you don't need to chase that one as the debt becomes unenforceable if they don't respond in 14 working days and this fact can be used in your defence. Cabot are very likely to respond with a letter saying it will take them 40 days to obtain the documents and possibly that the account will be 'on hold'. If so, do not believe that the account is actually on hold, it's just a template they use to respond to all CCA requests and you still need to submit your defence before the deadline of 33 days from date on claim. :clock: The chances of them sending you the CCA before the deadline are slimmer than the chances of snow in July!
• CPR request - you DO need to chase that one if they don't respond in 7 days (from when your letter is received). You can contact them by post or by phone and/or email to save time. :cell:
• Defence - if they don't supply the documents and the debt is also statute barred, you'd be looking at a generic defence that combines both, this is an example (not a template, it needs to be amended to suit): http://www.legalbeagles.info/forums/...011#post494011 As you will see, the case went in favour of the defendant. :bounce:

[Dawnielou]

Re: Court Claim - Cabot / Halifax - 4-6-2015

Hi thanks again for quick reply, I'm at work at mo so trying to do this on my phone n keep losing connection, if i send cca req to Cabot today it won't give them theb14 days before i have to file a defence, will this go against me?, also can I file defence online or does it have to be on the forms?

[FlamingParrot]

Re: Court Claim - Cabot / Halifax - 4-6-2015

Hi thanks again for quick reply, I'm at work at mo so trying to do this on my phone n keep losing connection, if i send cca req to Cabot today it won't give them theb14 days before i have to file a defence, will this go against me?, also can I file defence online or does it have to be on the forms?

Don't worry about that, if your debt is SBd that would be the main argument of your defence and one that takes precedence over any other issues. :thumb:

You can submit your defence online. :typing: