Urgent advice needed... Claim form - Cabot Financial

[DixieDean]

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

That's brilliant. Thanks so much. I've sent it to the court.

[Amethyst]

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

Cool - best of luck. Let us know when you hear back from anyone xx

[DixieDean]

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

Hi all,
I haven't heard anything from the claimant, but I received a letter from the court, which says...

"I acknowledge receipt of your defence. A copy is being served om 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."

Is this just standard procedure and do I just cross my fingers now?

Cheers.

[nemesis45]

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

Hi all,
I haven't heard anything from the claimant, but I received a letter from the court, which says...

"I acknowledge receipt of your defence. A copy is being served om 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."

Is this just standard procedure and do I just cross my fingers now?

Cheers.

Yes standard letter. The claimant has 28 days from the date they receive the defence to make a response it they don't the court will stay the claim and the claimant must pay a fee to lift the stay.
You are not informed of this stay if it happens so if you don't here from the claimant by the end of the 28 days you will have to contact the court to check the status of the claim.

nem

[DixieDean]

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

Hi all,

I have now received a letter from the claimant, Cabot Financial, which says:

"Thank you for your request for information under sections 77-79 of the consumer Credit Act 1974.

We currently do not 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 within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

If you have any queries please do not hesitate to contact us."

The original lender is Lloyds Bank Credit Card. Are they entitled to use this information within 40 days? Or will the debt be 'stayed' before then? What happen next?

Any advice is appreciated.

Cheers.

[nemesis45]

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

Hi all,

I have now received a letter from the claimant, Cabot Financial, which says:

"Thank you for your request for information under sections 77-79 of the consumer Credit Act 1974.

We currently do not 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 within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

If you have any queries please do not hesitate to contact us."

The original lender is Lloyds Bank Credit Card. Are they entitled to use this information within 40 days? Or will the debt be 'stayed' before then? What happen next?

Any advice is appreciated.

Cheers.

Hi,

Standard letter used when they as they say don't have the documents, BUT the 40 days is a Carboot invention and means B all as the court process will carry on as there has been no mention of an agreed extension of time, so if you receive anything from the court in should be dealt with asap.
nem

[DixieDean]

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

Hello,

Regarding this case, I have been informed by the court that the claim has been 'stayed.' However, I have jusr received a letter from Mortimer Clarke Solicitors, acting in behalf of Cabot Financial which says:

"We are instructed to write in reference to the above matter.

Please find enclosed a copy statement from our client, Cabot Financial (UK) Limited. This illustrates payments made by you towards this debt, the last being 24/03/11 for the amount of £26.61.

Our client's position remains unchanged, that this debt is not statute barred and the full balance remains outstanding.

Our client is keen to resolve this matter with you without the need for further action. Please fine enclosed a statement of means form for you to complete and return with your offer of repayment. Our client will not ask you to repay more than you can affird.

We look forward to receiving your response within 14 days.

Yours faithfully,

Mortimer Clarke"

Attached is a photocopy of payments allegedly made by me of £26.61 per month dating from 23/06/10 to 28/03/11 which I cant remeber having made.

I thought this case was over, but I'm really worried now that it is back open! Any advice or help would be greatly appreciated.

Thanks.

[charitynjw]

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

Hi DixieDean

.....is a photocopy of payments allegedly made by me of £26.61 per month dating from 23/06/10 to 28/03/11 which I cant remeber having made.

Do you have any way of checking these?

[MIKE770]

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

check it as sometimes phantom payments made would you make an odd 61 pence part of a payment and not rounded up/down? check bank statements, if not found they need to prove their statement i..e. how paid? by whom/when/cheque/card etc etc

[DixieDean]

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

Thanks for getting back. I have checked with my bank and there are no record of any transactions for this amount at that time.

On the photocopied attachment, the description for these transactions says 'PAYMENT FROM FDR.'

I don't know what that refers to.

[charitynjw]

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

Thanks for getting back. I have checked with my bank and there are no record of any transactions for this amount at that time.

On the photocopied attachment, the description for these transactions says 'PAYMENT FROM FDR.'

I don't know what that refers to.

Lloyds should be able to tell you.
In any event, Cabot/their sols have to prove that the payment(s) was authorised by you.

[nemesis45]

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

Demand an explanation of the mystery code.

nem

[DixieDean]

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

Thanks for your help. I have replied with the following...

Dear Sir,

Regarding your recent correspondence, I have checked with my bank and there are no records of any such payments being made; certainly not authorised by me. How were these payments paid?
Also, can you explain what the code FDR stands for?

[nemesis45]

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

Thanks for your help. I have replied with the following...

Dear Sir,

Regarding your recent correspondence, I have checked with my bank and there are no records of any such payments being made; certainly not authorised by me. How were these payments paid?
Also, can you explain what the code FDR stands for?

That'll do Dixie!!

nem

[Debt Camel]

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

Can I just check that you weren't in any form of debt management arrangement during this period?