Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Thank you so much.

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

[MENTION=55034]nemesis45[/MENTION] hi sorry you say chase the CPR 31.14 request and there is a template in the forum library. Sorry I can't seem to find what you mean or are referring to. I have seen another thread where you need to ask the court to make an order for the information to be provided if of course they have the information. http://legalbeagles.info/forums/show...order-at-court
would this apply to me do you think?
Sorry confused as to next step.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

@nemesis45 hi sorry you say chase the CPR 31.14 request and there is a template in the forum library. Sorry I can't seem to find what you mean or are referring to. I have seen another thread where you need to ask the court to make an order for the information to be provided if of course they have the information. http://legalbeagles.info/forums/show...order-at-court
would this apply to me do you think?
Sorry confused as to next step.

4


Hi,

That would be an " unless" order. Which can be a costly process should the claimant decide to challenge the application.
I would not recommend this course of action.

For CPR reminder. to the solicitors.


Ref: Claim No................................................ ..

Cabot Financial (UK) Ltd


Sir / Madam,

I refer you to my request made under the provisions of CPR31 .14 dated ..................................:

To date I have not received a reply to my request you are reminded that CPR 31.14 applies to this
claim until it is actually allocated to the Small Claims Track.

Please forward the documents requested by return of post, assuming that you have the documents
your client intends to rely on to hand as you should have prior to issuing the claim.

Failure to comply will be brought to the attention of the court.

Yours etc.

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Ok I see. Thank you. [MENTION=55034]nemesis45[/MENTION] is it possible or do I need to request an extension of time at any point? Is my next step to file a defence if they don't come back to me. Reading most threads this is what tends to happen I believe. Am I correct on this?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Ok I see. Thank you. @nemesis45 is it possible or do I need to request an extension of time at any point? Is my next step to file a defence if they don't come back to me. Reading most threads this is what tends to happen I believe. Am I correct on this?

Yes certainly ask for 28 days extension, at this stage it's ok to phone /e-mal the solicitors tom ask.

If the extension is agreed You must inform the court in writing of this.

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Excellent [MENTION=55034]nemesis45[/MENTION] thank you so much for your help.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Excellent @nemesis45 thank you so much for your help.

Always happy to help!!

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi good afternoon, I was today going to trace up CPR 31.14 request but received a letter back today from Drydensfairfax solicitors who are representing the claimant Cabot.
Letter says:

Account number ####

We write with reference to the above matter and further to your letter of 31st December 2015, the contents of which are noted.

Further to your request for further information relating to the claim, copy documents have been requested from our client. As the documents will be provided by the Originator, Capital One, this may take slightly longer than expected.

In the interim, we can confirm that no action will be taken against you.

We trust that this information is of assistance.


Do I still need to do anything officially? Do they need to notify the court of this or do I need to?
I did call Drydens today to confirm this but they say no just wait? is there a procedure and or official strict time table that needs to be followed? Does the court need to be notified? Should I still request an extension of time officially with the solicitors?

any help on this would be much appreciated. [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi good afternoon, I was today going to trace up CPR 31.14 request but received a letter back today from Drydensfairfax solicitors who are representing the claimant Cabot.
Letter says:

Account number ####

We write with reference to the above matter and further to your letter of 31st December 2015, the contents of which are noted.

Further to your request for further information relating to the claim, copy documents have been requested from our client. As the documents will be provided by the Originator, Capital One, this may take slightly longer than expected.

In the interim, we can confirm that no action will be taken against you.

We trust that this information is of assistance.


Do I still need to do anything officially? Do they need to notify the court of this or do I need to?
I did call Drydens today to confirm this but they say no just wait? is there a procedure and or official strict time table that needs to be followed? Does the court need to be notified? Should I still request an extension of time officially with the solicitors?

any help on this would be much appreciated. @nemesis45

Hi Des:

Standard template:

Still have to stick to the court time scales for defence to be filed etc.

If Drydens don't have the agreement to hand then Carboot doesn't
have them either so all well and good.

Failure to comply with the CCA request within the 12 + 2 Working days
renders the debt unenforceable until the agreement is provided.

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi Nem [MENTION=55034]nemesis45[/MENTION]
Hi sorry Nem Do you mean that is a standard template letter that they send out?

Do I have to do anything at this stage?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi Nem @nemesis45
Hi sorry Nem Do you mean that is a standard template letter that they send out?

Do I have to do anything at this stage?

Yep it's one of Drydens favourites!

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

No problem [MENTION=55034]nemesis45[/MENTION] do I need to do anything at this stage do you think?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

No problem @nemesis45 do I need to do anything at this stage do you think?

Drydens on hold does not halt the courts processes, so preparing/ researching a defence is a good idea.

Take a look around the forum at the various defences on other threads it will give you a good introduction
to the format and content of a defence.

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Thanks so much [MENTION=55034]nemesis45[/MENTION]. I will start preparing my defence statement, so I wonder if the next cause of action would be to prepare and file my defence or would I need to first request an extension of time. I don't need the extra time myself but given the letter I received yesterday from Drydens. Although they didn't formally request an extension of time.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Thanks so much @nemesis45. I will start preparing my defence statement, so I wonder if the next cause of action would be to prepare and file my defence or would I need to first request an extension of time. I don't need the extra time myself but given the letter I received yesterday from Drydens. Although they didn't formally request an extension of time.

Yes good idea it's ok to phone Drydens re the extension ask for 28 days.

- - - Updated - - -

Thanks so much @nemesis45. I will start preparing my defence statement, so I wonder if the next cause of action would be to prepare and file my defence or would I need to first request an extension of time. I don't need the extra time myself but given the letter I received yesterday from Drydens. Although they didn't formally request an extension of time.

Yes good idea it's ok to phone Drydens re the extension ask for 28 days.