Court Claim Received from Drydensfairfax solicitors on behalf of Cabot Financial (UK)

[Tzvetkov]

Hello there,

I have used the help of your site in the past regarding a court claim which I managed to successfully defend.

I am now in a similar situation, which I believe is related to that time when an ex partner used my details and trust to apply for cards and telephones online.

I have received a Court Claim from Drydensfairfax solicitors on behalf of Cabot Financial (UK) for the amount of 439,83.

This apparently is for a Capital One card which I never had.

The Court claim is dated 08/02/2016. I have since acknowledge it on the 11/02/2016.
I have also sent CPR 31.14 to Drydensfairfax and CCA (along with £1 postal order) to Cabot Financial. Both sent on 11/02/2016

To date I have received a letter from Drydensfairfax confirming the receipt of my recent correspondence and noting its content. They also mention that my account has been placed on temporary hold until they contact their client.

There are no dates or anything.

I have not received any reply from Cabot Financial regarding my CCA request.

I am cautious that my defence submission date is fast approaching and I need help as to what my next best actions are.


Many thanks for your time and help

Regards

Nick

[Amethyst]

Re: Court Claim Received from Drydensfairfax solicitors on behalf of Cabot Financial

Hiya xx

I would put in your defence shortly, based on the fact you have never had a capital one credit card, have requested information from the claimant including the CCA and they have not sent anything. So full denial. Use the example as a basis and amend accordingly - http://legalbeagles.info/forums/show...t-Court-Claims

Did you mention in either of your letters that you have never had a capital one card?

Sharon
xx

[Tzvetkov]

Re: Court Claim Received from Drydensfairfax solicitors on behalf of Cabot Financial

Hello Sharon,

Thank you for your prompt response.

I don't think I have mentioned anything about not ever having the card because I used standard CPR and CCA forms that I found on your website.

So there is no need to call the solicitors and ask for extension?

Is it worth chasing a response to the CCA?

Do I wait until the 10th which is my submission deadline or I can send the defence earlier.

Thanks Sharon

[Amethyst]

Re: Court Claim Received from Drydensfairfax solicitors on behalf of Cabot Financial

That's fine. As you are denying having the card entirely I don't think it is of any benefit to give them extra time to find documents that don't exist ( or exist but just serve to evidence fraud ) so I'd be inclined to put the defence in and keep them to the timescales of the court ( which, after all, they set themselves by bringing the claim without having the documents to hand).

Do you want to have a go at amending the defence example http://legalbeagles.info/forums/show...t-Court-Claims on here and we can give you hand before submitting it. It can go in anytime you like before the 10th xx

[Tzvetkov]

Re: Court Claim Received from Drydensfairfax solicitors on behalf of Cabot Financial

Hello Sharon,

Thanks for the attention and prompt responses.

I will try and prepare the defence myself and send it back to you via PM for advice.

Once again thanks for all the help and great work


Regards

Nick

[Tzvetkov]

Re: Court Claim Received from Drydensfairfax solicitors on behalf of Cabot Financial

Hello Sharon,

I was wondering if you received my defence. I sent it as a private message. Please if you have time let me know if it is ok for submission.

Many thanks.

Regards
Nick

[nemesis45]

Re: Court Claim Received from Drydensfairfax solicitors on behalf of Cabot Financial

Hello Sharon,

I was wondering if you received my defence. I sent it as a private message. Please if you have time let me know if it is ok for submission.

Many thanks.

Regards
Nick

:help: [MENTION=6]Amethyst[/MENTION]