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County court claim form

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  • #1

    County court claim form

    Hi. I would be very grateful for some help.

    I've been receiving letters from cabot financial saying that I owe a sum from a loan I took out in 2008 with welcome finance. I have ignored these letters. then start receiving letters from restons solicitors, acting on behalf of cabot. after doing some research online I sent a template letter as I believe the debt is statute barred. they sent a response saying thank you for the undated letter and they will come back to me. After some months, well after the time scale I gave them to come back to me with prof, they reply saying the information provided to us by our client is that the last credit towards this account was received around 06 sept 2010. Further to this the agreement was terminated around Aug 2011. they then send a letter saying if I don't contact them by 16 march 2016 they will take it to court.
    Yesterday a receive a claim form from the county court.
    Now I have never made a payment to Cobot and the last payment I made to welcome finance was 14th Feb 2008.

    Also I have checked my credit file and there is nothing regarding this debt on there.

    What do I do?

    Thank you for reading
    Tags: None
  • #2
    Re: County court claim form

    Anybody 😢

    Comment

    • #3
      Re: County court claim form

      Hi, follow the basic steps listed above ( Green box at top of page)

      1) Acknowledge the claim
      2) Send a CCA request with fee for £1
      3) Send a cpr 31.14 request to the claimants solicitor, no fee

      When it comes to your defence you can state that no payment was made since and you put the claimant to strict proof that a payment was made but that is some time in the future yet

      Send these by Royal mail signed for and keep an eye on when they are delivered

      Once acknowledged you have 33 days from the date on the claim form to lodge a defence

      You must lodge a defence otherwise you will end up with a default judgement as recently happened to someone on here


      P.S. Sorry you got missed
      • 1 thank

      Comment

      • #4
        Re: County court claim form

        Originally posted by Noah View Post
        Hi, follow the basic steps listed above ( Green box at top of page)

        1) Acknowledge the claim
        2) Send a CCA request with fee for £1
        3) Send a cpr 31.14 request to the claimants solicitor, no fee

        When it comes to your defence you can state that no payment was made since and you put the claimant to strict proof that a payment was made but that is some time in the future yet

        Send these by Royal mail signed for and keep an eye on when they are delivered

        Once acknowledged you have 33 days from the date on the claim form to lodge a defence

        You must lodge a defence otherwise you will end up with a default judgement as recently happened to someone on here


        P.S. Sorry you got missed
        Is the loan a regulated agreement?
        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
        • 2 likes

        Comment

        • #5
          Re: County court claim form

          Originally posted by charitynjw View Post
          Is the loan a regulated agreement?
          Good spot Charity .
          • 2 likes

          Comment

          • #6
            Re: County court claim form

            Originally posted by Noah View Post
            Good spot Charity .
            S'ok, Noah, I've got some ointment for it now! :taunt: :laugh:
            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
            • 2 likes

            Comment

            • #7
              Re: County court claim form

              thank you.

              I'm sorry but I don't understand what a regulated agreement is?

              Michelle

              Comment

              • #8
                Re: County court claim form

                Can you tell us what sort of loan it was and how much for.
                secured or unsecured etc
                • 3 likes

                Comment

                • #9
                  Re: County court claim form

                  It means is the loan a regulated agreement under the Consumer Credit Act 1974 ( normally under £25k )

                  How much is the County Court claim for ? and how much was the original loan ?

                  ( or what Noah said )
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps
                  • 2 likes

                  Comment

                  • #10
                    Re: County court claim form

                    Hi the loan was a unsecured loan from welcome finance. I cant remember how much the loan was originally for, but the balance is £2366.95 according to Restons.

                    Comment

                    • #11
                      Re: County court claim form

                      Also The claim is in a maidon name. Should I use this or my married name on the letters. and what date should I put here?

                      To enable me to file my defence and, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.


                      And To sign or not to sign?

                      Many thanks

                      Comment

                      • #12
                        Re: County court claim form

                        The CPR request definitely sign. The cca request, well seeing as you have changed you name sign in your married name. That is I assume your name now
                        • 1 thank

                        Comment

                        • #13
                          Re: County court claim form

                          Hello again,

                          I sent Send a CCA request with fee for £1
                          a cpr 31.14 request to the claimants solicitor, no fee

                          CCA signed for on the 15th April 2016 but the 31.14 request was sent on the 14th April 31.14 but not delivered. Haven't had anything back from either.

                          Can I please have some help as to what to write in my defence. Its got to be done this week.

                          Many thanks
                          Michelle

                          Comment

                          • #14
                            Re: County court claim form

                            Originally posted by mich0130 View Post
                            Hello again,

                            I sent Send a CCA request with fee for £1
                            a cpr 31.14 request to the claimants solicitor, no fee

                            CCA signed for on the 15th April 2016 but the 31.14 request was sent on the 14th April 31.14 but not delivered. Haven't had anything back from either.

                            Can I please have some help as to what to write in my defence. Its got to be done this week.

                            Many thanks
                            Michelle
                            Hi Michelle

                            You have indicated that you received a court claim pack on 2nd April, & have acknowledged it.
                            What is the issue date? (On the claim form)
                            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
                            • 1 thank

                            Comment

                            • #15
                              Re: County court claim form

                              Hi,

                              It was the 30th March 2016

                              Many Thanks
                              Michelle

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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