Urgent advice needed... Claim form - Cabot Financial

[Celestine]

Re: Urgent advice needed... Claim form - Cabot Financial

Are you showing up as the defendant on MCOL? No you're not doing a counter claim.

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Thanks. I have acknowledged debt as the defendant. CCA and CPR forms will be posted first thing in the morning. Do I just wait now?

[nemesis45]

Re: Urgent advice needed... Claim form - Cabot Financial

Even though this debt is over 6 years old, does it matter if Cabot took on the debt less than 6 years ago.

The "age "of debt is not relevant an account opened 10 years ago for instance then defaulted a couple of years ago is open to litigation.
The Limitation Act 1980 (England & Wales ) provides for a period of 6 years after which no action can be started IF there has been no payment or written acknowledgment of the debt, the start of the relevant 6 years varies with the type of account.

The date of the last payment is no longer a reliable as the start of the 6 period.

The debt still being on credit files is as said correct the default date shown on the CRA files does not relate to the time the " cause of action accrued ".

Cabot buys debts in huge portfolio lots not one at a time the date Cabot acquired the debt is not relevant.

nem

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Hi all,

I have now received a letter from Mortimer Clarke Solicitors saying the following:

"We confirm our client is willing to agree to the extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

CPR 31.14 relates to the right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

we would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions."

Can anyone advise what my next step should be please?

[nemesis45]

Re: Urgent advice needed... Claim form - Cabot Financial

Hi all,

I have now received a letter from Mortimer Clarke Solicitors saying the following:

"We confirm our client is willing to agree to the extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

CPR 31.14 relates to the right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

we would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions."

Can anyone advise what my next step should be please?

You must inform the court in writing (e-mail with a copy of their letter is fine) otherwise the court process will continue.

Reply confirming that you have informed the court of the extension and that what documents you may or may not have in your possession is irrelevant and you require inspection of the documents on which their client intends to rely.

Standard MC response when they don't have a clue on what documentation may or may not be available.

nem

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

I have written to the court to inform them that the claimant's solicitors have agreed to the 28 day extension and have written to the claimant's solicitors as per the message above. However, I am concerned that the deadline is going to pass soon, without my defence being filed with the court. The issue date of the claim was 2nd June.

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Hi all. Thanks for your help so far. Apart from the above letter from the claimant's solicitors, I have heard nothing else. I have not witnessed any documents at all from Cabot or from their solicitors Mortimer Clarke. I have to submit my defence to the court by tomorrow. Any advice as to what I should say?

Any help greatly appreciated.

[Guest]

Re: Urgent advice needed... Claim form - Cabot Financial

Hi all. Thanks for your help so far. Apart from the above letter from the claimant's solicitors, I have heard nothing else. I have not witnessed any documents at all from Cabot or from their solicitors Mortimer Clarke. I have to submit my defence to the court by tomorrow. Any advice as to what I should say?

Any help greatly appreciated.

I have written to the court to inform them that the claimant's solicitors have agreed to the 28 day extension and have written to the claimant's solicitors as per the message above. However, I am concerned that the deadline is going to pass soon, without my defence being filed with the court. The issue date of the claim was 2nd June.

If you have agreed a 28 day extension and informed the court in writing, you do not need to submit your defence by tomorrow. Your time will have been extended by a further 28 days.

[charitynjw]

Re: Urgent advice needed... Claim form - Cabot Financial

It might be wise to ring the court (telephone number on the court claim form) to confirm the current status of the claim.

[Kandis]

Re: Urgent advice needed... Claim form - Cabot Financial

Hi all. Thanks for your help so far. Apart from the above letter from the claimant's solicitors, I have heard nothing else. I have not witnessed any documents at all from Cabot or from their solicitors Mortimer Clarke. I have to submit my defence to the court by tomorrow. Any advice as to what I should say?

Any help greatly appreciated.

You won't hear anything from them, I should rephrase that. You will get their standard letters that they dish out to everyone.
Stick to court timeline and you won't go wrong.

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Thanks. I've contacted the court and the defence is due tomorrow 5th July. Any advice on what I need to say on the defence

[Amethyst]

Re: Urgent advice needed... Claim form - Cabot Financial

There is an example here - Defence Example - to get you started, if you want to have a draft and post it up we can check it over xxx You will need to add in about the claim being Statute barred by virtue of s5 Limitation Act 1980.


You do appear to have agreed an extension with the Claimant. It's okay if you are worried about them filing for a default judgment to put your defence in now, and tbh it's unlikely they will come up with documents in the interveening period, but you are protected by having that agreement to extend and having informed the court of such. It isn't a court 'thing' it's an agreement between the parties, the court admin staff can only go on the dates that pop up on their screen.

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Thanks a lot. Please see my defence letter below. Just let me know if any amendments need to be made.


I received theclaim Cxxxxxxx from the County Court Business Centre, Northampton issuedon 2^nd June 2016.

This claim appears to be for a Credit Card agreement regulatedunder the Consumer Credit Act 1974. However, I feel that the Claim is Statutebarred by virtue of s5 Limitation Act 1980.
The Claimantsstatement of case fails to give adequate information to enable me to properlyassess my position with regards the claim.

On the 10^th June I sent a request for inspection of documentsmentioned in the claimant’s statement of case under Civil Procedure Rule 31.14to Mortimer Clarke Solicitors. I requested the Claimant provide copiesof the Agreement. Mortimer Clarke has not sent any of thesedocuments to me.

On the 10^th June I sent a formal request for a copy of theoriginal agreement to Cabot Financial UK pursuant to section 77 to 79of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with s77 to s79 Consumer Credit Act1974 and by virtue of s77 to s79 Consumer Credit Act 1974 cannot enforce theagreement.

I request the court orders the Claimants to provide the necessary documentationin order for me to fully plead my case else the Claim should stand struck out,


Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Amethyst]

Re: Urgent advice needed... Claim form - Cabot Financial

I received the claim Cxxxxxxx from the County Court Business Centre, Northampton issued on 2^nd June 2016.

This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

I contend that the Claim is Statute barred by virtue of s5 Limitation Act 1980 and I put the Claimant to strict proof otherwise.

The Claimants statement of case fails to give adequate information to enable me to further assess my position with regards the claim.

On the 10^th June I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14t o Mortimer Clarke Solicitors. I requested the Claimant provide a copy of the Agreement.

Mortimer Clarke has not sent this, or any other document to me.

On the 10^th June I sent a formal request for a copy of the original agreement to Cabot Financial UK pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with s78 of the Consumer Credit Act 1974 and by virtue of s78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.

I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out,


Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

[Amethyst]

Re: Urgent advice needed... Claim form - Cabot Financial

made a couple little amendments for you xx