• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

help please rec claim form today

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • help please rec claim form today

    Hi I have today received a claim form from Northampton and would really appreciate any help or advice as to next steps I need to take.
    Particulars of claim:
    The Claimants claim is for debts arising from Consumer Credit Act 1974 agreements. The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Capital One. Account no. Xxxx £xxxx. Despite
    demands for payment, the above sums remain due. The Claimant therefore claims the sum of £xxxx interest under s.69 County Courts Act 1984 and costs.

    I also think but am not entirely sure that this debt may be statute barred please help I'm no expert but particulars of claim dont make much sense no dates have been provided and does the interest mean interest accrued or their interest in the debt
    Thank you in advance
    Dawn
    Tags: None

  • #2
    Re: help please rec claim form today

    Good afternoon, welcome to LB.
    First job: Acknowledge service of the claim online ( instructions are on the claim documents.
    State intention to defend in full. Do not enter any defence now.

    What are the " debts" more than one?

    Who is the claimant?
    Are solicitors involved?

    Please post a copy of the N1 claim form after removing personal information or

    type in the " Statement of Claim in full.

    We can explore the statute barred part when we have all the information.

    nem

    Comment


    • #3
      Re: help please rec claim form today

      Hi thank you for getting back to me so quickly,

      I'm not sure whether they are referring to one or multiple debts, I got into a mess a while ago and have been the typical ostrich the only debt they mention by name is capital one.

      Claimant is Cabot
      Solicitors wright hassall llp ( had a giggling fit reading that out loud lol)

      I cant post copy of form I'm on my phone and a complete technophobe, but statement is exactly as I posted in particulars of claim in my original post
      Dawn

      Comment


      • #4
        Re: help please rec claim form today

        Also don't know whether this has any relevance Cabot have recently ie 2 weeks ago discontinued a different claim against me as i had defended statute barred as knew it completely out of time so it was fairly straightforward to defend but this one has me flummoxed
        Dawn

        Comment


        • #5
          Re: help please rec claim form today

          Sorry keep posting loads just getting more confused the more I read
          I have been looking round the site for useful info which you have lots of and noticed a thread re Cabot uk and issues regarding their licence the claim I have received is from Cabot financial uk at kings hill not sure whether that makes any difference to my defence any help on how I proceed would be much appreciated I have acknowledged online and stated I intend to defend in full. What doni do now
          Thanks in advance
          Dawn

          Comment


          • #6
            Re: help please rec claim form today

            Hi dawnie.lou

            The circumstances surrounding Cabot Financial (UK) Limited's FCA registration (or non-reg) is pretty complicated, as they belong to a group of companies, some of which do hold the required permission. How it all fits........:noidea:

            However, you have to concentrate on your court case

            Post #1 indicates that this refers to a CCA debt.
            Post #5 gives the claimant as Cabot Financial (UK) Limited.
            Post #3 gives the legal rep as Wright Hassall LLP

            You have acknowledged receipt of the claim to the court.

            If that is correct, you should consult the 'green box at the top of this thread.
            CCA letter to the claimant, together with £1 payment.
            They have 12 days to reply (+2 for postage). If they do not reply, they are not allowed to progress the claim until they comply.
            Do not chase this request, for obvious reasons.

            CPR letter to the solicitors, asking for the documents quoted in the Particulars of Claim (on the court claim form).
            7 days is the usual time allowed for a response. This one you can chase, as they should disclose these documents in a timely fashion.

            For both, get proof of postage ('SignedFor' post is good, as it can be tracked)

            Most important of all is the court timetable.
            You have max 33 days from the claim issue date (on the court claim form) to submit your defense into court. (this can be done 'electronically'). Failure to do so may well lead to a default judgment against you.

            As things stand, all you can really do is submit a 'Claimant's failure to disclose' defense, but this may change.
            Take a look at other threads for an idea of what to do, & there is also an example in the green box at the top of this thread.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse

            Support LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X