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Received a second County Court Claim Form

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  • Received a second County Court Claim Form

    Hi all,

    Newbie here, so any help will be appreciated :tinysmile_twink_t2:

    Today I received a second County Court claim form (Northampton) originating from the same claimant, Cabot Financial.

    The original claim form was dated back in May from Mortimer Clarke Solicitors referring to a statue barred CC debt. I duly filed my defence in time and in July I received a letter from Mortimer Clarke saying they had received my defence and the matter was on hold whilst Cabot try to find the CC paperwork. I've not received any further contact from Cabot or Mortimer Clarke since that date, until today.

    Today a second claim form, also from Northampton County Court, with a different Claim No, arrived for the same debt (Cabot and exactly the same amount, around 3 grand), but this time the solicitors are Wright Hassall. I've not received any letters or communication from them before this.

    I guess there are 2 questions that come to mind:

    1. Is it legal to issue 2 claims in parallel, when the first is on hold from a different solicitor, at the same County Court?

    2. What should be my next steps? Write to Cabot, or Wright Hassall?

    I'm thinking of raising a counter-claim for all the extra paperwork, etc I face. Is this wise?

    Any advise will be appreciated.

    Thanks in advance for your help.
    Tags: None

  • #2
    Re: Received a second County Court Claim Form

    Originally posted by FlyerMatt19 View Post
    Hi all,

    Newbie here, so any help will be appreciated :tinysmile_twink_t2:

    Today I received a second County Court claim form (Northampton) originating from the same claimant, Cabot Financial.

    The original claim form was dated back in May from Mortimer Clarke Solicitors referring to a statue barred CC debt. I duly filed my defence in time and in July I received a letter from Mortimer Clarke saying they had received my defence and the matter was on hold whilst Cabot try to find the CC paperwork. I've not received any further contact from Cabot or Mortimer Clarke since that date, until today.

    Today a second claim form, also from Northampton County Court, with a different Claim No, arrived for the same debt (Cabot and exactly the same amount, around 3 grand), but this time the solicitors are Wright Hassall. I've not received any letters or communication from them before this.

    I guess there are 2 questions that come to mind:

    1. Is it legal to issue 2 claims in parallel, when the first is on hold from a different solicitor, at the same County Court?

    2. What should be my next steps? Write to Cabot, or Wright Hassall?

    I'm thinking of raising a counter-claim for all the extra paperwork, etc I face. Is this wise?

    Any advise will be appreciated.

    Thanks in advance for your help.
    Hi welcome to LB,

    Which part of the Cabot Group is the creditor on the 1st Claim? Is it the same on the 2nd one?

    e.g. Cabot Financial UK Ltd on 1. and Cabot Financial Europe Ltd on 2?

    Any contact at this stage should be via the solicitors named on the new claim.

    I have a suspicion as to what may have happened here.

    nem

    Comment


    • #3
      Re: Received a second County Court Claim Form

      Thanks for replying nem.

      The original claim was from Cabot Financial, Kings Hill, West Malling, Kent.

      Today's claim was from Cabot Financial, Grafton Road, Worthing.

      I'd not noticed they were from different addresses until you'd ask.

      Do you suspect it's a case of the 2 addresses not talking to each other?

      Comment


      • #4
        Re: Received a second County Court Claim Form

        Originally posted by FlyerMatt19 View Post
        Thanks for replying nem.

        The original claim was from Cabot Financial, Kings Hill, West Malling, Kent.

        Today's claim was from Cabot Financial, Grafton Road, Worthing.

        I'd not noticed they were from different addresses until you'd ask.

        Do you suspect it's a case of the 2 addresses not talking to each other?
        Are the exact claimant titles Cabot Financial UK Ltd and Cabot Financial Europe Ltd or even Cabot ( Marlin) Ltd

        There is a question mark over the licensing of Cabot Financial UK Ltd.

        nem

        Comment


        • #5
          Re: Received a second County Court Claim Form

          The full exact claimant titles are:

          1. Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA

          2. Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP

          Comment


          • #6
            Re: Received a second County Court Claim Form

            '' 1. Is it legal to issue 2 claims in parallel, when the first is on hold from a different solicitor, at the same County Court?''

            No. The second claim should be struck out as there is already a claim on the same cause of action live in the court system. First step to call Wright Hassall and tell them there is a live claim in the court system for the same cause of action. They will probably want you to scan and email them evidence of this and should just discontinue.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Received a second County Court Claim Form

              Ok, thanks for your help I'll contact them tomorrow.

              Comment


              • #8
                Re: Received a second County Court Claim Form

                Originally posted by FlyerMatt19 View Post
                The full exact claimant titles are:

                1. Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA

                2. Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP
                Very Odd the Worthing address is the HO of Marlin which was taken over by Cabot and is Now Cabot (Marlin) on the FCA Consumer Credit Register.
                Cabot Financial UK Ltd West Malling is no longer licenced to carry on a consumer credit business.
                What you have is a complete mix up of trading name and addresses.
                I would write to Solicitors on the 2nd Claim stating you have already received a claim from Cabot F. UK for the same alleged debt.
                send it by signed for post asap.

                nem

                Comment


                • #9
                  Re: Received a second County Court Claim Form

                  Thanks for your help nem, I'll get the signed for letter off in tomorrow's post

                  Comment


                  • #10
                    Re: Received a second County Court Claim Form

                    Originally posted by FlyerMatt19 View Post
                    Thanks for your help nem, I'll get the signed for letter off in tomorrow's post
                    Please keep us up to speed on this Matt there's a lot of confusion over Cabot at present, have you acknowledged the 2nd claim.

                    nem

                    Comment


                    • #11
                      Re: Received a second County Court Claim Form

                      Will do, I'll keep in touch when I hear back from them.

                      I've not acknowledged yet. Do you think it wise to send the acknowledgement to the court tomorrow saying I intend to defend all of the claim?

                      Comment


                      • #12
                        Re: Received a second County Court Claim Form

                        Originally posted by FlyerMatt19 View Post
                        Will do, I'll keep in touch when I hear back from them.

                        I've not acknowledged yet. Do you think it wise to send the acknowledgement to the court tomorrow saying I intend to defend all of the claim?
                        Yes definitely use MCOL Money Claim on Line.

                        Nem

                        Comment


                        • #13
                          Re: Received a second County Court Claim Form

                          Originally posted by FlyerMatt19 View Post
                          The full exact claimant titles are:

                          1. Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA

                          2. Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP
                          The second address was Marlin's, which has now been integrated into the Cabot Group. That's also their new registered office address.

                          In view of the fact that the claimant is Cabot Financial (UK) Limited, this should be of interest: http://www.legalbeagles.info/forums/...censed+trading :grin:

                          Comment


                          • #14
                            Re: Received a second County Court Claim Form

                            Originally posted by FlamingParrot View Post
                            The second address was Marlin's, which has now been integrated into the Cabot Group. That's also their new registered office address.

                            In view of the fact that the claimant is Cabot Financial (UK) Limited, this should be of interest: http://www.legalbeagles.info/forums/showthread.php?69837-Cabot-Financial-%28uk%29-limited-Unlicensed-


                            trading/page2&highlight=unlicensed+trading
                            :grin:
                            Yes it's all been said noted and dealt with thanks.

                            Comment


                            • #15
                              Re: Received a second County Court Claim Form

                              So today I received a reply from Wright Hassall.
                              To quote them:

                              Re. Cabot Financial (UK) Limited

                              We act for the Claimant in the above matter.
                              Further to our Client's instructions, we can confirm we have requested the Court discontinues the County Court claim in the above matter.
                              We have accordingly closed our file, should have you any further queries,please contact our Client directly.
                              We apologise for any inconvenience caused.

                              I've just checked mcol online and the case is still live, their history shows my acknowledgement was received 10 days ago.

                              Presumably I now wait for this to be closed online? Also, is there anything else I need to do?

                              Thanks in advance for your help.

                              Comment

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