County Court claim , advice needed

[Chris7]

Hi, I received a CC claim from Cabot (re: credit card debt less than 5k, pre-1997) and need some advice.

This debt is nearly 6 years old and was already subject to a CC claim in Jan 2014 by a different debt agency. I defended the claim and made a CCA request. I didn't receive a reply and the claimant didn't respond to my defense. I haven't checked the status and believe it was stayed.

About a year after I received communication from the credit card company ( a yearly statement stating the amount owed) and then a few months ago it was sold to Cabot.

Now, do I go through the same procedure in defending? What about the first claim? I will check if that that claim is still live, I thought that after 6 months they get cancelled, but read somewhere that a N244? form and a fee is required.

Thanks in advance.

[nemesis45]

Re: County Court claim , advice needed

Good morning Chris, welcome to LB,

Things to do:

1. get a CCA request sent to Cabot asap £1 stat fee, use a Postal Order endorsed "for statutory fee only" template in the forum
library. Cabot has 12 + 2 workings Days to Comply, use signed for post.
2, A request under CPR 31.14 for the documents mentioned in the statement of claim to the solicitors ( is this Restons or Mortimer Clarke?)

I seems to me that the previous claimant has not informed Cabot of the previous claim and the reason (s) for not carrying it through to trial.
If Cabot had known about the stayed claim ( and it had no major problems ) they could/would have applied to the court to have themselves
named as the claim.

An application via N244 has a fee of £155.00, personally I would let that alone for now.

nem

If the previous claim is still stayed