Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

[al_jh]

Received a claim? Yes
Issue Date: 5-10-2015
Amount approx: 4900
Claimant: CABOT FINANCIAL
Solicitor: MORTIMER CLARKE
Original Credit: BARCLAYCARD

Particulars of Claim:
By an agreement between BARCLAYCARD & the defendant on or around 05/06/2003 ("the agreement") BARCLAYCARD agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due & the Agreement was terminated The agreement was as signed to the claimant. THE CLAIMANT THEREFORE CLAIMS 4642.40

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Letter received back from solicitor stating client agrees 28 day extension and to notify court in writing.
They added the following: We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Received a claim? Yes
Issue Date: 5-10-2015
Amount approx: 4900
Claimant: CABOT FINANCIAL
Solicitor: MORTIMER CLARKE
Original Credit: BARCLAYCARD

Particulars of Claim:
By an agreement between BARCLAYCARD & the defendant on or around 05/06/2003 ("the agreement") BARCLAYCARD agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due & the Agreement was terminated The agreement was as signed to the claimant. THE CLAIMANT THEREFORE CLAIMS 4642.40

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Letter received back from solicitor stating client agrees 28 day extension and to notify court in writing.
They added the following: We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

Hi Welcome to LB,

Certainly do not disclose any documents you may have.

Just tell Mortimer Clarke to mind their business and that any documents will be disclosed as and when
necessary in the progress of the claim.

nem

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

As am new to all this:
Regarding the letter I need to send to court. Does it just need to be a basic recognition of the letter from Mortimer Clarke acknowledging the 28 day extension or what detail needs to put in it.

[joedempsey]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

As am new to all this:
Regarding the letter I need to send to court. Does it just need to be a basic recognition of the letter from Mortimer Clarke acknowledging the 28 day extension or what detail needs to put in it.

Don't want to build your hopes up too much...but Barclay card seem to have missed placed many agreements from around that time.
i asked a certain DCA for a Barclay card circ 2004 couldn't be found😈

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

As am new to all this:
Regarding the letter I need to send to court. Does it just need to be a basic recognition of the letter from Mortimer Clarke acknowledging the 28 day extension or what detail needs to put in it.

You must simply inform the court in writing that,
The Claimant in Claim No................... has a agreed to an extension of xx days.

nem

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Many thanks for any advice that comes across. I am absolutely bamboozled by all this. In basic terms if possible what is the process now that the cca and cpr31.14 have gone in and how does the defence part of this work.

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

template for the extension http://www.legalbeagles.info/forums/...filing-defence

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Many thanks for any advice that comes across. I am absolutely bamboozled by all this. In basic terms if possible what is the process now that the cca and cpr31.14 have gone in and how does the defence part of this work.

This is an example of the defence if you have no positive response to your CCA and CPR requests - http://www.legalbeagles.info/forums/...t-Court-Claims

Basically if they do not send you your credit agreement they are unable to enforce the debt ( get judgment against you) in court.

If they do, then we can help you check that it is compliant and any other issues with the claim.

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

if I do not receive the credit agreement, would I need to keep contacting them reminding them of the fact or is it solely with them to sort in their own time frame.

[Berniethebolt]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

No need to remind them . If you have sent a cca request they will be well aware of what their duties are

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

No Don't chase the CCA request, non compliance is a bar to enforcement.

nem

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Many thanks. Have emailed the extension letter to the link that was posted. Didn't know I could do it that way. Expected to have to send everything by post and signed for!! Will now wait to see what arrives from Cabot now they have the CCA request?

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Don't want to build your hopes up too much...but Barclay card seem to have missed placed many agreements from around that time.
i asked a certain DCA for a Barclay card circ 2004 couldn't be found😈

Received a claim? Yes
Issue Date: 5-10-2015
Amount approx: 4900
Claimant: CABOT FINANCIAL
Solicitor: MORTIMER CLARKE
Original Credit: BARCLAYCARD

Particulars of Claim:
By an agreement between BARCLAYCARD & the defendant on or around 05/06/2003 ("the agreement") BARCLAYCARD agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due & the Agreement was terminated The agreement was as signed to the claimant. THE CLAIMANT THEREFORE CLAIMS 4642.40

Yes, Barclays are notoriously bad at retrieving agreements, I've heard some got destroyed in the Iron Mountain fire. ray:

if I do not receive the credit agreement, would I need to keep contacting them reminding them of the fact or is it solely with them to sort in their own time frame.

No, you don't need to chase them for that, if they don't send you anything you will say so in your defence.

Many thanks. Have emailed the extension letter to the link that was posted. Didn't know I could do it that way. Expected to have to send everything by post and signed for!! Will now wait to see what arrives from Cabot now they have the CCA request?

Very likely a letter saying it will take them 40 days to supply it.

With regards to Cabot, if the claimant is Cabot Financial (UK) Limited this may be of interest, although it's a fluid situation: http://www.legalbeagles.info/forums/...ing#post583876 :thumb:

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Yes, Barclays are notoriously bad at retrieving agreements, I've heard some got destroyed in the Iron Mountain fire. ray:

No, you don't need to chase them for that, if they don't send you anything you will say so in your defence.

Very likely a letter saying it will take them 40 days to supply it.

With regards to Cabot, if the claimant is Cabot Financial (UK) Limited this may be of interest, although it's a fluid situation: http://www.legalbeagles.info/forums/...ing#post583876 :thumb:

The claim is from Cabot Financial UK limited and the info in the link makes interesting reading to say the least!!

[al_jh]

Re: Court Claim - CABOT FINANCIAL / BARCLAYCARD - 5-10-2015

Hi. Just had letter from Cabot regarding CCA request. They do not have the information on file and have requested the relevant details. They acknowledge the 12 day time limit, however as they have to request from original lender they anticipate 40 days. Do I need to email court to let them know this info?