cabot court claim

[Aquarius23]

hi, i really desperately need help asap!

On 01/10/2015 i received a court letter from northampton regarding a cabot/vanquis debt. on 13/10/2015 i acknowledged the claim and sent a cca to cabot, cpr to their solicitors. i have received a reply from cabot and they cannot provide me with the paperwork requested ans will need to go to vanquis therefore are asking for a further 40 days. i have not heard from the solicitors, their 7 days was up yesterday and i need to file my defence today as i received the claim on 01/10. i do not know what i need to do next and really could use some guidance.

[judgemental24]

Re: cabot court claim

Then you need to file your defence on the basis that you cannot plead due to information requested from the claimant has not been provided

If you do not file your defence you will get judgement in default

This is important

Did they request an extension to file under CPR 15.5??

Even that is to late now if you have to file your defence today

[Aquarius23]

Re: cabot court claim

Hi, no I have not received anything asking for an extension regarding cpr. And the letter from Cabot just says they would be able to provide me with info in 40 days.

Do you know if I Can I email my defence?

Do you have a template I can use?

[Kati]

Re: cabot court claim

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]??

[judgemental24]

Re: cabot court claim

You send your defence through money claim on line using the password.
The same process you used to acknowledge the claim

But it has to be done by 4pm if the defence is due today

[Aquarius23]

Re: cabot court claim

Thankyou judgemental24. I have just contacted the court as my password was not working and they have confirmed I can file my defence by email. I'm not sure how to word it or what I should provide but I'll do my best. Thanks for your help.

[judgemental24]

Re: cabot court claim

FILL IN THE BLANKS

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2) The defendant has no recollection of the account details or the amount referred to in this claim. Until such time the claimant can disclose the necessary documents that this claim relies upon the claimants claim is denied.

3) The defendant is not aware of any Assignment of any alleged debt nor do I have any recollection of any Notice of Assignment pursuant to the Law of Property Act 1925.

4) On receipt of the claim the defendant requested copies of any documents or information that would support the claim. The request was made on xx xxxx xxxx (sent by recorded delivery) by CPR 31.14 and under section 78 Consumer Credit Act 1974. The Claimant has failed to provide any evidence of assignment/balance/breach/contract/agreement..

5) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6) Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement or contract; and
(b) show what finance and / or services and/ or goods they refer to;
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

7) As per Civil Procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

8) By reason of the facts and matters above it is denied that the claimant is entitled to the relief claimed or any relief at all.

[Aquarius23]

Re: cabot court claim

From the bottom of my heart,........Thankyou 😘

[judgemental24]

Re: cabot court claim

Just keep us all updated

At the end of the day it is your problems that are paramount

[nemesis45]

Re: cabot court claim

[QUOTE=Aquarius23;590996]Hi, no I have not received anything asking for an extension regarding cpr. And the letter from Cabot just says they would be able to provide me with info in 40 days.

Do you know if I Can I email my defence?

Do you have a template I can use?[/QUOTE
Yes you can either e-mail of enter your defence online (the latter preferable).

Have a look through some of the other Cabot threads and the defences used
on those, it'll give you more insight in regard to format and content.

nem

[Aquarius23]

Re: cabot court claim

Hi, I've just got home from work and I have received a letter from shoosmiths ( claimants solicitors). Letter reads as follows..

" We write to reference with the above matter and further to your letter dated 23/10/2915.

We confirm that the documents requested in your above mentioned letter have been requested from our client. Upon receipt of the sane these shall be forwarded to you, after which time you may file your defence should you still wish to. "

I have already filed my defence eRlier today.

[nemesis45]

Re: cabot court claim

Hi, I've just got home from work and I have received a letter from shoosmiths ( claimants solicitors). Letter reads as follows..

" We write to reference with the above matter and further to your letter dated 23/10/2915.

We confirm that the documents requested in your above mentioned letter have been requested from our client. Upon receipt of the sane these shall be forwarded to you, after which time you may file your defence should you still wish to. "

I have already filed my defence eRlier today.

That's OK.
You may have to amend your defence once you receive the documents.
Nothing from Cabot yet?

nem

[judgemental24]

Re: cabot court claim

You can have a sigh of relief now that defence has gone in

Next move is Crapbot

You had no choice, the defence had to go in today or they would have gone for a default judgement

Ask yourself why they left it to the last day to respond??

[Aquarius23]

Re: cabot court claim

So relieved!!

Cabot letter stated they need 40 days to retrieve the information from vanquis. So I'm assuming if they do not provide this in the time scale there's nothing they can do ?!

Also sending everything at the last minute surely proves they're struggling.

Will I receive a letter from the court once they have looked at my defence?

[judgemental24]

Re: cabot court claim

Call me cynical but i have no doubt they were trying to trick you in holding off you submitting a defence

I can guarantee they would check in a few days to see if you submitted a defence, and if not gone for a default judgement.

People get mistaken that they are under court time tables once a claim has been submitted, not a solicitors or debt agency

You simply cannot trust them to act in good faith

Crapbot have 28 days now to see if they will continue or the claim gets stayed, a sort of never ending limbo

If they decide to go ahead they have to pay an allocation fee for which the court will contact you direct