Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD -

[wardy111]

Received a claim? Yes
Issue Date: 2-7-2015
Amount approx: £4227.00
Claimant: CABOT FINANCIAL UK LIMITED
Solicitor: WEIGHTMANS LLP
Original Credit: BANK OF SCOTLAND (MARBLES) CREDIT CARD

Particulars of Claim:
1 The Defendant entered into a credit agreement described by the original creditor as BANK OF SCOTLAND (MARBLES) CREDIT CARDAND HAVING ACCOUNT NUMBER 000000000000000 (the Account")

2 The claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account

3 The Defendant in indebted to the claimant in respect of the account in the sum of £3962.00

4 The Claimant claims the said sum of £3962,plus costs

Stat Barred? No

Have sent:

Other Info:
I had debts with most credit cards at some point and managed to agree settlements with them many years ago, the ones i was unable to negotiate with i paid a token amount but the following may help

opening date 18-06-2002
default date 25-09-2009
Default balance £5.733

I would appreciate any help that you can provide as I cant afford to pay this amount and the pressure that it causes me is unbelievable

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi and welcome aboard

Try not to worry too much about it, we'll try and look into defending this claim, as it was a card from 2002 it's possible that they may not be able to provide you with a copy of the agreement, or it may not be a fully enforceable one. Cabot are on a roll issuing claims and in most cases, they cannot provide any documents. Their claims are issued speculatively with the intention of obtaining default judgment.

Below are the first steps to take upon receipt of a claim:

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

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 )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

The first step would be to acknowledge it online, full instructions can be found here: http://www.legalbeagles.info/forums/...313#post499313

Both letters should be sent recorded delivery so you can track them. You'll have a maximum of 33 days from date printed on claim to submit your defence, but acknowledgment has to be within 14 days. Tick the box that says you will defend the whole claim. :thumb:

Any questions just shout! :typing:

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi FlamingParrot

I have today done as suggested and acknowledged the claim and defend in full box ticked, I also sent recorded next day delivery the CCA Request to Cabot and the CPR request to Weightmans LLP

what happens or what do I need to do now ?

Thanks again for your time and assistance

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi FlamingParrot

I have today done as suggested and acknowledged the claim and defend in full box ticked, I also sent recorded next day delivery the CCA Request to Cabot and the CPR request to Weightmans LLP

what happens or what do I need to do now ?

Thanks again for your time and assistance

They should respond to the CPR request in 7 days but you have a better chance of seeing snow in mid-July than the documents in 7 days. Once the time's up, you need to chase Weightmans for the documents and if they still don't send them, ask them to agree to a 28 day extension.
No need to chase the CCA request, Cabot will very likely send you a letter saying it will take 40 days to respond. Ignore that one. Non-compliance within 12+2 working days is a bar to enforcement and can be used in your defence.

Keep an eye on the calendar and remember that you have a maximum of 33 days from the date printed on the claim, to submit a defence. :typing: If you miss the deadline, they can apply for default judgment. :scared:

Do keep us posted. :thumb:

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi FlamingParrot

again thanks for the assistance with this matter very much appreciated

just to clarify my court summons is dated 2-7-2015 so I have until the 9-8-2015 to file my defence ?

Is there a letter to chase again for the CPR request ? and do I do recorded delivery again ?


what would be my defence ? is this based on what they send to me or do I give an automatic defence ?


sorry this is something new to me and again thanks for your help

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi FlamingParrot

again thanks for the assistance with this matter very much appreciated

just to clarify my court summons is dated 2-7-2015 so I have until the 9-8-2015 to file my defence ?

I get the 4th of August, not the 9th: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

Is there a letter to chase again for the CPR request ? and do I do recorded delivery again ?

Most people just do that by email and/or phone to save time.

You could just send an email with your details and claim number as the subject heading, saying that you need the documents to be able to file a defence and, since they've not been able to provide them, would they be so kind as to agree to a 28 day extension to file your defence as allowed by CPR 15.5. They can reply by email and if they do agree to an extension, you have to forward that to the court. If they don't agree, you can use that fact in your defence. If you receive no reply to your email, then chase it up by phone. hone:

what would be my defence ? is this based on what they send to me or do I give an automatic defence ?

In most cases, they don't send anything before the deadline, so you file a generic defence based around the fact they didn't supply you with documents. An example is here:
http://www.legalbeagles.info/forums/...t-Court-Claims

Cabot will very likely send you one of their letters saying it will take 40 days to get your agreement. Ignore it (unless they do send you an agreement, as unlikely as hard frost at this time of year)and don't chase them for the CCA request as non-compliance can be used in your defence.

sorry this is something new to me and again thanks for your help

No worries, that's what we're here for, Any questions just shout!

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi I received this yesterday, what does it mean and what should I do ? Thanks again for your help and support

[IMG][/IMG]

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi I received this yesterday, what does it mean and what should I do ? Thanks again for your help and support

[IMG][/IMG]

Hi,

This seems as if you have mixed up a CCA request ( goes to the claimant direct £1 statutory fee. Used to obtain a copy of an agreement). With a Request made under Civil Procedure Rule 31.14 No Fee payable ( goes to the claimants solicitors) and this
is used to request the documents mentioned in the " Particulars of Claim" e.g., an agreement, a default notice, a notice of assignment
No other documents can be requested.

Despite this Weightmans are saying that they are attempting to acquire the correct documents.

Did you send a CCA request to the claimant with the £ 1.00 fee? If not do it now.

nem

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

nem thanks for the quick reply, attached is what I sent but no reply as yet, would you resend anything to either of them ?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

nem thanks for the quick reply, attached is what I sent but no reply as yet, would you resend anything to either of them ?

That's fine! Did you send the £1 fee?

It's more than likely that Cabot will respond saying they will get the agreement within 80 days, fact is they have 12 + 2 Working Days after which the debt becomes unenforceable until the agreement is found.

nem

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi I received this yesterday, what does it mean and what should I do ? Thanks again for your help and support

A little explanation: Under CPR 31.14 you can only request documents that are referred to on the particulars of claim and nothing else. Their particulars refer only to the agreement and the assignment which is why they say they have requested copies of those two. I can only assume 'paragraph two' would have been the default notice which appears as such on the template letter. Most particulars of claim mention a default notice or at least the word 'default', however, they don't mention it at all, perhaps intentionally to avoid having to provide it. :confused2:

They are protecting themselves in case you decided to apply for an unless order to get the court to force them to disclose the documents, that they could only be made to disclose the two that are on the particulars of claim and not the default notice (or whatever is mentioned under item two). They are also covering themselves by telling you to file a defence even if you haven't received the documents.

There is no fee for a CPR request so they'd have no right to cash the PO and they are returning it to you.

Particulars of Claim:
1 The Defendant entered into a credit agreement described by the original creditor as BANK OF SCOTLAND (MARBLES) CREDIT CARDAND HAVING ACCOUNT NUMBER 000000000000000 (the Account")

2 The claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account

3 The Defendant in indebted to the claimant in respect of the account in the sum of £3962.00

4 The Claimant claims the said sum of £3962,plus costs

I would take advantage of what they've said about having requested a copy of the agreement and notice of assignment and that it will take 'a period of time' to obtain them, to respond saying that they should have had those documents in their possession before issuing a claim and you need them to prepare your defence, therefore you'd like to ask them to agree to a 28 day extension as allowed under CPR 15.5. :thumb:

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

nem thanks for the quick reply, attached is what I sent but no reply as yet, would you resend anything to either of them ?

It is clear the £1 fee was sent (the postal order is there) and Cabot will probably say it will take 40 days to obtain it, it's their standard template. There is no need to chase the CCA request, just the CPR request from Weightmans. Non-compliance with a CCA request is a bar to enforcing the debt as long as they are in default of your request.

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

nem yes I did send the £1

thanks again for your help

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

nem thanks for the quick reply, attached is what I sent but no reply as yet, would you resend anything to either of them ?

No, no need to resend either request. With the CPR request, they are arguing about one of the items (presumably the default notice) not being mentioned on the particulars of the claim, which is fair enough, but they still have a duty to send the other two (agreement and NoA). That's the one you need to chase up.

The CCA request does not need chasing up, non-compliance works in your favour as they cannot enforce the debt for as long as they are in default of your request.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

nem yes I did send the £1

thanks again for your help

That's good and at least the other £1 was returned quite often these
will disappear into the coffers of the recipient.

If Cabot comes back with its 40 day time scale for the CCA request
it's a good idea to remind them that they have 12 + 2 Working Days
to comply, but is some letters now Cabot are explaining that the debt
is unenforceable until they can produce the agreement.

nem