Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-2015

[bing66]

Received a claim? Yes
Issue Date: 14-12-2015
Amount approx: 3924.27
Claimant: Carbot Financail (uk) Limited
Solicitor: Mortimer Clarke Solictors LDT
Original Credit: Royal Bank Of Scotland

Particulars of Claim:
By an agreement between Royal Bank of Scotland & Defendant on or around 01/03/2002 (The Defendant with credit card) The Defendant failed to make the minimum payments deu & the agreement. was terminated.
The agreement was assigned to the claimant
The claimant therefore claims 3659.27

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:

[nemesis45]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Received a claim? Yes
Issue Date: 14-12-2015
Amount approx: 3924.27
Claimant: Carbot Financail (uk) Limited
Solicitor: Mortimer Clarke Solictors LDT
Original Credit: Royal Bank Of Scotland

Particulars of Claim:
By an agreement between Royal Bank of Scotland & Defendant on or around 01/03/2002 (The Defendant with credit card) The Defendant failed to make the minimum payments deu & the agreement. was terminated.
The agreement was assigned to the claimant
The claimant therefore claims 3659.27

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:

Good afternoon welcome to LB.

Can you please give us some history of the account, e.g. when and why did payments cease?
What is the default date?


nem

[bing66]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Hi
Sorry I have not got back to you I've been ill

Cabot hounded me night and day for months, I did start making payments but the kept calling me every month wanting more and more money otherwise they would take me to court. I then lost my job and could not afford to pay anything. They kept calling twice a day trying to make me pay something but I could not afford it, in the end I had the phone cut off but I still got the letters.
Dates I Payed
Dates 04^th May 2010 to 7^th September 2011
Date I stopped paying bank of Scotland was 2001
I’m now disabled and I have a job but it does not pay that much.
What is the next step

Thanks
B

[nemesis45]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Hi
Sorry I have not got back to you I've been ill

Cabot hounded me night and day for months, I did start making payments but the kept calling me every month wanting more and more money otherwise they would take me to court. I then lost my job and could not afford to pay anything. They kept calling twice a day trying to make me pay something but I could not afford it, in the end I had the phone cut off but I still got the letters.
Dates I Payed
Dates 04^th May 2010 to 7^th September 2011
Date I stopped paying bank of Scotland was 2001
I’m now disabled and I have a job but it does not pay that much.
What is the next step

Thanks
B

Good evening Bing.

I'm so sorry to hear of your illness! Having just been told a short while ago that I'm disabled I can feel for you.
Can you now be classed as a vulnerable person on low income, i.e. little or no disposable income for the foreseeable
future?
Have you made an I & E statement? It would be a good idea to do so, lets face it court or not " the claimant cannot have
what you have not".

nem

[bing66]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Hi NEM
last year I had a operation causing me to use my sickness 1 month full & 1 month half pay then I just received SSP.
If I fill out I & E how do I go about?

How long do I wait until I call Cabot & solicitor's to see if they are doing anything about the CCA & CPR letters? as I have only a short time with the court

[bing66]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Hi Nemesis45

Please can someone help I sent my Sent a CCA request, Sent a CPR 31.14 request on the 2nd Jan 2016
How long do I leave it before I contact them asking for the above request?
Do I send a letter to the court explaining that I have requested the above information from carbot & Mortimer Clarke Solicitors LDT?
Please can you help me on this request?

[nemesis45]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Hi Nemesis45

Please can someone help I sent my Sent a CCA request, Sent a CPR 31.14 request on the 2nd Jan 2016
How long do I leave it before I contact them asking for the above request?
Do I send a letter to the court explaining that I have requested the above information from carbot & Mortimer Clarke Solicitors LDT?
Please can you help me on this request?

Hello Bing, Happy New Year!!

The CCA request has a statutory 12 + 2 Working Days for compliance, but you don't chase this, as if the request is not complied with
within the time scale the debt is rendered unenforceable until the agreement is produced.

The CPR 31.14 request is likely to be declined on the grounds that the claim will be allocated to the small claims track, however
if this happens the request should be chased up, there's a template for this in the forum library.

You cannot just send letters to the court you must follow the court processes or you could prejudice your defence.

Non compliance with the requests will form part of your defence.

nem

[bing66]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Hi Nemesis45

I have received a Letter from Mortimer Clarke Solicitors
Thank you for your letter dated 29/12/2015
We confirm out client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.
CPR 31.14 relates to a right to inspect a document and can be distinguished from the standard disclosure of evidence during the course of proceedings.
We believe you may have already inspected the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor
We would be grateful if you could confirm what documents you have on your possession of control relating to this matter to avoid duplication over document inspection. We will then take our client’s instructions.
_______________________________________________
Please could you point me to the correct court letter I should send?
Also why are the solicitors asking me for the documents and how should I reply to them?

Thanks B

[nemesis45]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

Good morning Bing
Responding to your PM.

This is their standard template at present, when the have nothing to backup their claims.

Just remind them that what you may or may not have under your control is not relevant.
Any such documents will be disclosed when appropriate during the progress of the claim etc.

nem

[Kati]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

as for informing the courts of the extension ... an email with the letter attached informing the court of the extension and new defence date should be enough (shouldn't it [MENTION=55034]nemesis45[/MENTION]??)

[nemesis45]

Re: Court Claim - Carbot Financail (uk) Limited / Royal Bank Of Scotland - 14-12-201

as for informing the courts of the extension ... an email with the letter attached informing the court of the extension and new defence date should be enough (shouldn't it @nemesis45??)

The defendant must inform the court in writing of an extension, otherwise the court process runs on.
I would follow up an e-mail with a signed for letter at present there is a backlog in the system I don't
know how quickly e-mails are scrutinised.

nem