Need Help- Don't know what to do

[lynneburns05]

I received a county court claim form in Sept 2014, I acknowledged it and sent the 2 letters off requesting the documentation etc, Ireceived a letter saying they would need 40 days and I didn't hear anything till yesterday and I don't know what to do, I will try and put up all the letters etc.
Thanks in advance

[lynneburns05]

Re: Need Help- Don't know what to do

wouldn't let me upload the last 2 so had to put them separate

[FlamingParrot]

Re: Need Help- Don't know what to do

OK, I've looked at the files and they are their response to your CCA request of September last year, including a statement of account. It took them 'slightly' more than 40 days to obtain them! The 40 day letter is their generic template response to ALL CCA requests they receive. The letter from Mortimer Clarke is just their agreement to the 28 day extension.

I assume you submitted a defence based around not having received any documents and they didn't respond to your defence so the claim was stayed.

Have you had anything from the court after submitting your defence? An N180 directions questionnaire/notice of allocation to small claims? Anything saying they are applying to lift the stay?

Did they send you the default notice and notice of assignment?

There is no need to respond to their letters or do anything until you hear from the court. :ranger:

[lynneburns05]

Re: Need Help- Don't know what to do

Yes my defence was I didn't have the documents, that is all the documents have received off them and no I haven't received anything further from the court

[nemesis45]

Re: Need Help- Don't know what to do

Yes my defence was I didn't have the documents, that is all the documents have received off them and no I haven't received anything further from the court

Your " reconstituted" true copy must have.

1. Your main and address as it was when the account was opened.

2. The creditors name and address when the claim was opened.

3. The terms and conditions relevant when the account was opened.

4. The terms and conditions when the account was closed.

5. Any material amendments to the terms and conditions made
during the life of the agreement.

6. Any other document (s) mentioned in the terms and conditions.

nem

[lynneburns05]

Re: Need Help- Don't know what to do

so do I just have to wait and see if the court sends me something now, as that isn't signed so if it was a true copy it should have my signature on with a date, anyone could have filled that in, so confused.

[Amethyst]

Re: Need Help- Don't know what to do

The agreement is incomplete - if you read the terms it refers to paragraph 6b 'overleaf' - they haven't sent you that. A signature isn't required to fulfil a CCA request but the full terms are.

These forms were often sent out with your first order and hardly anyone actually completed them and returned them so it is unlikely you did ever actually sign a copy.

What year did you open the account ?

Cabot don't seem to talk to the solicitors who bring the claim a great deal so I would just keep it filed away until (if) you hear further from the solicitors or the court.

[lynneburns05]

Re: Need Help- Don't know what to do

the account was opened 2006 I think, ok thanks I will wait and see what happens, the last payment made on the account was April 2008 does that make a difference as I don't know when the statute barred starts?, sorry don't know any of this.

[FlamingParrot]

Re: Need Help- Don't know what to do

the account was opened 2006 I think, ok thanks I will wait and see what happens, the last payment made on the account was April 2008 does that make a difference as I don't know when the statute barred starts?, sorry don't know any of this.

That's very good news! Statute barred is six years without any payments or written acknowledgement. The clock runs from the cause of action which is when the lender could have taken action against you, usually after a couple of missed repayments. If that was over seven years ago, I'd say it's SBd. :whoo: :whoo:

[nemesis45]

Re: Need Help- Don't know what to do

so do I just have to wait and see if the court sends me something now, as that isn't signed so if it was a true copy it should have my signature on with a date, anyone could have filled that in, so confused.

Recons don't need signatures but must have your name and address at inception of the agreement.

nem

[lynneburns05]

Re: Need Help- Don't know what to do

it looks like the last payment was 15/04/2008, they sent me the claim form 05/09/2014 the account was set up in 2006.

[FlamingParrot]

Re: Need Help- Don't know what to do

it looks like the last payment was 15/04/2008, they sent me the claim form 05/09/2014 the account was set up in 2006.

I would say it would have been SBd by then, your first missed payment would have been in May 2008, they could take action at any time after that, definitely before September.

I take it you've not heard from the court yet...

[lynneburns05]

Re: Need Help- Don't know what to do

no not since I put in my defence last year.

[nemesis45]

Re: Need Help- Don't know what to do

no not since I put in my defence last year.

Check with the court I suspect the claim is stayed!

nem

[lynneburns05]

Re: Need Help- Don't know what to do

ok will do, thanks for all help, all of you on here are stars in my book.