Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi, I received this letter from solicitors yesterday. Not sure what this means now?

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi, I submitted my defense and got told by the court that if they had nothing withing 28 days the case would be stayed. Anyway I received this letter from Cabot today and am a bit confused.
Are they still trying it on?

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Attached letter

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi, I submitted my defense and got told by the court that if they had nothing withing 28 days the case would be stayed. Anyway I received this letter from Cabot today and am a bit confused.
Are they still trying it on?

- - - Updated - - -

Attached letter

Standard letter BUT their " on hold" is not a formal extension of time filed with the court, the court process continues as normal any documents received from the court should be completed and filed as directed. All timescales for filing must be adhered to.

nem

[Noah]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

No need to panic as your defence is submitted. I am guessing that the 28 days from filing your defence is now up so I would call the court next week just to check the claim is stayed.

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi yeah I filed my defence back in February and it is now up, haven't had anything further back from the court, so I may just ring and check. Thanks!

[charitynjw]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi yeah I filed my defence back in February and it is now up, haven't had anything further back from the court, so I may just ring and check. Thanks!

Are you going to apply for the case to be struck out?

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi yeah I filed my defence back in February and it is now up, haven't had anything further back from the court, so I may just ring and check. Thanks!

It would be wise to check with the court and as Charity has said you can apply for the claim to be struck out.

nem

[Noah]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

It is a little crazy that it will have to find the costs upfront to apply for a strike out but you are doing the right thing in checking with the court

[charitynjw]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

It would be wise to check with the court and as Charity has said you can apply for the claim to be struck out.

nem

Hi nem

I don't know if it's significant, but the letter is from Cabot (Europe), & the name on the claim form is Cabot (UK) ltd?

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Are you going to apply for the case to be struck out?

If/when the claim is stayed you can give them notice that you intend to apply to the court for the claim to be struck out and suggest that the claimant discontinues/ withdraws the claim in the interest of saving further costs and court time.

nem

[Kandis]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi,
I would omit your personal details from the letter you got from Cabot Europe.
I got the same letter, which I'm going to ignore! The cheeky muppets saying it's unenforceable then in the next breath tells you to pay up.!

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi nem

I don't know if it's significant, but the letter is from Cabot (Europe), & the name on the claim form is Cabot (UK) ltd?

Cabot Europe is the principal Cabot UK acts as an " authorised representative."

nem

[Noah]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi,
I would omit your personal details from the letter you got from Cabot Europe.
I got the same letter, which I'm going to ignore! The cheeky muppets saying it's unenforceable then in the next breath tells you to pay up.!

Of course they wii because unenforceable is not the same as owed and due.
It just means they can't get a judgement against you- if you defend

[Kandis]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

I stand corrected. Thank you for that

[Noah]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

I stand corrected. Thank you for that

It is a common mistake so you are far from unique
Its a bit like the madness that a state barred debt still exists in England and Wales but doesn't in Scotland
If you ask me , I suspect that many of these Debt purchasers have SB debts on their books which they describe as assets although they have bugger all chance of collecting them