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Re: court claim cabot finance
Good morning welcome to LB.
Have you acknowledged service of the claim? If not do so asap online at Money Claim online (MCOL)
Enter intention to defend in full, but do not enter any defence at this stage.
You need to send Cabot a CCA request this is for a copy of the agreement for this account, there's £1 statutory fee
to pay, use a Postal Order endorsed " For Statutory Fee Only" Cabot has 12 +2 Working days to comply, send by
signed for post. Use the template from the forum library.
Next a request made under Civil procedure Rule 31.14 (no fee) for all the documents mentioned in the Statement of Claim. ( nothing else)
This goes to the solicitors ( I guess Restons or Mortimer Clarke are involved, Template in the forum library.
Clarification please.
1. Please either post a suitable redacted copy of the NI claim form or type in the statement of claim verbatim.
2. Do you mean there is no entry on Noddle for the Cap 1 debt?
Cabot will have checked the CRA files when they acquired the debt, don't think this and the P2P default are linked,
but which company does the P2P loan show as still as the original creditor or debt purchaser?
Statute Barred in England and Wales = No payments or written acknowledgment of the debt in 6 clear years, the
relevant 6 year period on a CC account could be the date of the last payment ever made + 1 month ( there are various theories on this but this one seems to be effective more often)
Cabot will only hold the minimal data provided in the portfolio of debts it has bought no records of payments etc. To get these you would need to make a Subject Access Request under the Data Protection Act 1998 to Capital 1.
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Re: court claim cabot finance
please delete this postLast edited by sparrow75; 28th December 2015, 17:39:PM.Comment
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Re: court claim cabot finance
You have given your personnel information on there sparrow, it might be best to remove the info and post again, always best not to put important information on the net if you can help it ..
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Re: court claim cabot finance
No worries Sparrow but I think personally I would remove the claim number and account number.Comment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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