cabot finance claim form received

[jweb]

Re: could admins please check this defence for me

thanks nem i put the word debt in because in their claim discription it says the claim is for debts from agreements and no mention of what type ie loan, hp ect..i suppose it wont matter though if i go ahead and change it to credit agreement. what do you think?

[jweb]

Re: cabot finance claim form received

hi nemesis45, kati, charitynjw and amethyst, (updates for your review)
I have submitted my defence to the court and the court has responded with the following on 15th march 2016:
I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Upadate received from Cabot on 30th march 2016 (Today)

Dear Mr xxxxx

RE xxxxxxxxxxxxxxxxxxxxxxxxx
Thank you for your request for information under section 77-79 of the Consumer Credit Act 1974.

We currently do not have this information on file. However, I have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender..

I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender I anticipate that we will be able to provide this information within 40 days. In the unlikely event we areunable to obtain this information within those time limits we will write to you again.

Yours sincerely

xxxxxxxxxxxxxxxxx

Help please guys what on earth is happening here what should i do next?

[nemesis45]

Re: cabot finance claim form received

hi nemesis45, kati, charitynjw and amethyst, (updates for your review)
I have submitted my defence to the court and the court has responded with the following on 15th march 2016:
I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Upadate received from Cabot on 30th march 2016 (Today)

Dear Mr xxxxx

RE xxxxxxxxxxxxxxxxxxxxxxxxx
Thank you for your request for information under section 77-79 of the Consumer Credit Act 1974.

We currently do not have this information on file. However, I have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender..

I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender I anticipate that we will be able to provide this information within 40 days. In the unlikely event we areunable to obtain this information within those time limits we will write to you again.

Yours sincerely

xxxxxxxxxxxxxxxxx

Help please guys what on earth is happening here what should i do next?

The claimant has 28 days to respond to your defence if they don't have the agreement they cannot enforce, that means they can't respond to the defence so the court will stay (suspend ) the claim so little to do for a while.

nem

[jweb]

Re: cabot finance claim form received

so when you say the claimant has 28 days which is when? from the date on the court response? or is it the date when the court served a copy of my defence to the claimant which i wouldn't technically know when they received it....i'm a little confused but guessing it would be around mid april ish? thank's for your help nem by the way

[charitynjw]

Re: cabot finance claim form received

so when you say the claimant has 28 days which is when? from the date on the court response? or is it the date when the court served a copy of my defence to the claimant which i wouldn't technically know when they received it....i'm a little confused but guessing it would be around mid april ish? thank's for your help nem by the way

There is a presumption in English law that the service of a document which is posted via 1st class or recorded delivery is served 2 business days after posting, unless the contrary can be proved.

[jweb]

Re: cabot finance claim form received

thank you!... you and all your colleagues are amazing :goodjob:

[nemesis45]

Re: cabot finance claim form received

so when you say the claimant has 28 days which is when? from the date on the court response? or is it the date when the court served a copy of my defence to the claimant which i wouldn't technically know when they received it....i'm a little confused but guessing it would be around mid april ish? thank's for your help nem by the way

Hello J the 28 days is from the date the claimant (sols) receive the defence the court allows 5 days for service from the date the defence is received by the court so actually 33 days from then.
Hope that helps.

nem

[jweb]

Re: cabot finance claim form received

thanks nem so approx 33 days from 15th march takes it to roughly 18th april then

[nemesis45]

Re: cabot finance claim form received

thanks nem so approx 33 days from 15th march takes it to roughly 18th april then

Yep, you will not be informed if the claim is stayed so start checking with court a little earlier than the 18th.

nem

[jweb]

Re: cabot finance claim form received

thank you nem i will keep you all updated as time goes on.

[jweb]

Re: cabot finance claim form received

ok update time: i rang the court and they agreed that over time it looks like it might be stayed but told me to phone the court around the 25th april to check with them. Today i have received a (Notice of Proposed Allocation to the Small Claims Track)

What is it? why have i been sent it? and what should i do about it please im starting to get worried here

[jweb]

Re: cabot finance claim form received

anyone?

[nemesis45]

Re: cabot finance claim form received

anyone?

Normal Court Process. Just the next step.

nem

[jweb]

Re: cabot finance claim form received

ok thanks nem but i still dont have a clue what to fill in here..would you mind if i took pics of the pages and inbox you them?

[nemesis45]

Re: cabot finance claim form received

ok thanks nem but i still dont have a clue what to fill in here..would you mind if i took pics of the pages and inbox you them?

Just list the questions here and I'll answer them for you so you can amend to suit.

nem