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Cabot Financial v lulu88
Hi,
I am starting a new thread because I couldn’t find information that I can use in my situation.
Received a claim? Yes
Issue Date: 12/08/2016
Amount approx: £3,643 + court fee £180
Claimant: Cabot Financial
Solicitor: Restons
Original Creditor: Capital One
Particulars of Claim: The claimant claims payment for overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Jul 10 2000 and assigned to the Claimant on Sep 24th 2015.
I actually no longer live in the UK and received this claim from my relatives that still live there, same address as I have been living before. I moved to Canada in 2008 but I kept paying for my credit cards till 2011-2012 so this debt is not statue barred. But what I would like to do is to dispute jurisdiction. I really don’t want bailiffs harassing my family.
How do I go about disputing the jurisdiction?
I called the court today and I was told to fill out N244 form and email it to the court and pay £100 over the phone. But when I looked at the form it doesn’t look like it’s the right form for me.
I understand that I have 5 + 14 days to respond from the issue date so it means that I have to do it by 31st of August.
If I submit acknowledgment of service then which box do I tick
(1) I intend to defend all of this claim or
(3) I intend to contest jurisdiction?
If I tick box (3) do I still get 14 days extension?
I am not sure if Restons or Capital One sent me any letters before with demands to pay back the debt, they might have, my family could have destroyed them.
If I tick box (3) shall I send CCA request to the claimant and CPR request to the claimant’s solicitors?
What is the right form to submit to dispute the jurisdiction?
And, finally, what can happen after I dispute the jurisdiction?
Any help will be greatly appreciated!
I am starting a new thread because I couldn’t find information that I can use in my situation.
Received a claim? Yes
Issue Date: 12/08/2016
Amount approx: £3,643 + court fee £180
Claimant: Cabot Financial
Solicitor: Restons
Original Creditor: Capital One
Particulars of Claim: The claimant claims payment for overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Jul 10 2000 and assigned to the Claimant on Sep 24th 2015.
I actually no longer live in the UK and received this claim from my relatives that still live there, same address as I have been living before. I moved to Canada in 2008 but I kept paying for my credit cards till 2011-2012 so this debt is not statue barred. But what I would like to do is to dispute jurisdiction. I really don’t want bailiffs harassing my family.
How do I go about disputing the jurisdiction?
I called the court today and I was told to fill out N244 form and email it to the court and pay £100 over the phone. But when I looked at the form it doesn’t look like it’s the right form for me.
I understand that I have 5 + 14 days to respond from the issue date so it means that I have to do it by 31st of August.
If I submit acknowledgment of service then which box do I tick
(1) I intend to defend all of this claim or
(3) I intend to contest jurisdiction?
If I tick box (3) do I still get 14 days extension?
I am not sure if Restons or Capital One sent me any letters before with demands to pay back the debt, they might have, my family could have destroyed them.
If I tick box (3) shall I send CCA request to the claimant and CPR request to the claimant’s solicitors?
What is the right form to submit to dispute the jurisdiction?
And, finally, what can happen after I dispute the jurisdiction?
Any help will be greatly appreciated!
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