• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

    Apologies for racking up the post count, but I really need to get this filed off. Can anyone who has helped so far comment on "prep work" which I should do / should have done, please? Thanks.

    Comment


    • #17
      Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

      Originally posted by JimmyJames View Post
      Thank you for the posts, much appreciated.

      I had previously seen that and it will be the basis of my submission.

      I am slightly concerned re the "not done any prep" comment...... what should I have done? Thanks.
      I asked quite simply " have you done any preparation yet !

      nem

      Comment


      • #18
        Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

        Thanks for the post. What did you have in mind?

        Comment


        • #19
          Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

          Originally posted by JimmyJames View Post
          Thanks for the post. What did you have in mind?
          Have you checked out other threads as [MENTION=6]Amethyst[/MENTION] suggested?
          The basis of your defence is non compliance with CCA request/CPR 31.14?
          And you believe that the debt is statute barred.

          Statute Barred in England & Wales = 6 years with no payment or unequivocal written admission of liability.

          However there are variations on when that relevant 6 year period starts.
          For debts resulting from simple contract the date a contractual payment was due and not made after which no further payment
          or acknowledgement was made. In reality it boils down to the point at which a creditor can Demand Immediate Payment in Full.

          Cabot are know to claim that the date " the account fell into default" is the relevant start of the 6 years.

          You need to be sure of your ground here.

          Statute barred is a complete defence, If the debt was already statute barred on the date the claim was issued.

          nem

          Comment


          • #20
            Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

            Thank you.

            Update. Have just got home after a long day to a letter from Cabot following 77-79 request.

            A bit of waffle - Thanks for request; don't have, have requested from lender details which will include agreement / statement of account / original/varied terms etc from the original lender.

            Then:
            "WHAT HAPPENS NEXT?

            We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request this from the original lender we anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again."

            Blah blah.

            Sincerely.

            Any thoughts on this please?

            Comment


            • #21
              Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

              Bloody hell! I can't login to the MCOL website. I saved all the details on my phone which I managed to drop last week and got replaced. What can I do? I am starting to get a bit worried here. I need to file defence tomorrow but the help desk doesn't open until 9am Monday.

              This is turning from being quite well organised into a shambles.

              I sorry to keep pestering but if someone can help, that would be great.

              Comment


              • #22
                Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

                You can always email it and state that your having problems with logging in. But still try and log in if you can.

                You will need to put the court reference number and defendant's defence in the subject.
                If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                Comment


                • #23
                  Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

                  Originally posted by JimmyJames View Post
                  Bloody hell! I can't login to the MCOL website. I saved all the details on my phone which I managed to drop last week and got replaced. What can I do? I am starting to get a bit worried here. I need to file defence tomorrow but the help desk doesn't open until 9am Monday.

                  This is turning from being quite well organised into a shambles.

                  I sorry to keep pestering but if someone can help, that would be great.

                  Hello Jimmy,

                  e-mail and signed for post.

                  nem

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                  Announcement

                  Collapse
                  1 of 2 < >

                  SHORTCUTS


                  First Steps
                  Check dates
                  Income/Expenditure
                  Acknowledge Claim
                  CCA Request
                  CPR 31.14 Request
                  Subject Access Request Letter
                  Example Defence
                  Set Aside Application
                  Directions Questionnaire



                  If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                  NOTE: If you receive a court claim note these dates in your calendar ...
                  Acknowledge Claim - within 14 days from Service

                  Defend Claim - within 28 days from Service (IF you acknowledged in time)

                  If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                  We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                  If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                  2 of 2 < >

                  Support LegalBeagles


                  Donate with PayPal button

                  LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                  See more
                  See less

                  Court Claim ?

                  Guides and Letters
                  Loading...



                  Search and Compare fixed fee legal services and find a solicitor near you.

                  Find a Law Firm


                  Working...
                  X