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Urgent advice needed... Claim form - Cabot Financial

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  • DixieDean
    started a topic Urgent advice needed... Claim form - Cabot Financial

    Urgent advice needed... Claim form - Cabot Financial

    Hi all,

    i have receives a claim claim form from County Court Business Centre, Northampton and desperately need some advice, as I'm really panicking.

    Details are:

    Issue date - 02 June 2016
    Amount - 3646 (including 185 court fee and 80 legal rep costs)
    Claimant - Cabot Financial (UK) Ltd
    Solicitor - Mortimer Clarke Solicitors Ltd
    Original Creditor - Lloyds Bank

    Particulars of claim: It's an old credit card that I defaulted on and was terminated before I had a chance to repay in full. This was many years ago and I cannot remember the amount that was owed. This is on my credit report and I want it sorted so I can start to rebuild my credit rating. ( Sorry, but I don't know what 'stature barred' means.)

    Please help!
    Tags: None

  • DixieDean
    replied
    Re: Urgent advice needed... Claim form - Cabot Financial

    I did have a debt management arrangement, but I'm pretty sure it had ceased by then.

    Leave a comment:


  • Debt Camel
    replied
    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?

    Leave a comment:


  • nemesis45
    replied
    Re: Urgent advice needed... Claim form - Cabot Financial

    Originally posted by DixieDean View Post
    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

    Leave a comment:


  • DixieDean
    replied
    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?


    Leave a comment:


  • nemesis45
    replied
    Re: Urgent advice needed... Claim form - Cabot Financial

    Demand an explanation of the mystery code.

    nem

    Leave a comment:


  • charitynjw
    replied
    Re: Urgent advice needed... Claim form - Cabot Financial

    Originally posted by DixieDean View Post
    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.

    Leave a comment:


  • DixieDean
    replied
    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.

    Leave a comment:


  • MIKE770
    replied
    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

    Leave a comment:


  • charitynjw
    replied
    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?

    Leave a comment:


  • DixieDean
    replied
    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.

    Leave a comment:


  • nemesis45
    replied
    Re: Urgent advice needed... Claim form - Cabot Financial

    Originally posted by DixieDean View Post
    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

    Leave a comment:


  • DixieDean
    replied
    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.

    Leave a comment:


  • nemesis45
    replied
    Re: Urgent advice needed... Claim form - Cabot Financial

    Originally posted by DixieDean View Post
    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

    Leave a comment:


  • DixieDean
    replied
    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.

    Leave a comment:

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter



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.




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