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

[JimmyJames]

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.

[nemesis45]

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

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

[JimmyJames]

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

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

[nemesis45]

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

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

[JimmyJames]

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?

[JimmyJames]

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.

[R0b]

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.

[nemesis45]

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.

Hello Jimmy,

e-mail and signed for post.

nem