Cabot Financial Claim Form received

[lulu88]

Hello,

I received claim form dated 12/08/2016 and claimant is Cabot Financial, the amount of claim is £3,643 + court fee. I don't live in the UK any more, I moved abroad in 2008. For the outstanding payment of the credit card last transaction was in 2011.

Can I dispute the jurisdiction?
What I should do to dispute the jurisdiction?

Please help me, I have very short time left to respond before default judgement could be issued.

I will highly appreciate guidance in these regards.

[Diana M]

Re: Cabot Financial Claim Form received

A quick question.

If you don't live in the UK anymore how do you know you've got a county court summons?

That's not a trick question but your answer may be relevant as to how you should respond.

If the claim issue date is 12th August 2016 you must file your Acknowledgment of Service no later than 19 days later.

Di

[lulu88]

Re: Cabot Financial Claim Form received

Hi,

Thank you for your quick response, a family living at that address has informed me and sent me court documents by email.

I hope there will be some way for me dispute the jurisdiction.

Regards,

IA

[charitynjw]

Re: Cabot Financial Claim Form received

CPR 11

(2) A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.
(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.
(4) An application under this rule must –
(a) be made within 14 days after filing an acknowledgment of service; and
(b) be supported by evidence.
(5) If the defendant –
(a) files an acknowledgment of service; and
(b) does not make such an application within the period specified in paragraph (4),
he is to be treated as having accepted that the court has jurisdiction to try the claim.
(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including –
(a) setting aside the claim form;
(b) setting aside service of the claim form;
(c) discharging any order made before the claim was commenced or before the claim form was served; and
(d) staying^(GL) the proceedings.

[lulu88]

Re: Cabot Financial Claim Form received

Thank you very much for sending me information, it is really helpful to know what steps can be taken to dispute the jurisdiction. I will be sending acknowledgement of service, can you please tell me what supporting documents I should send, i.e. copy of driving licence, copy of passport proving that I don’t live in the UK or which other document I can enclose with acknowledgement of service.

Also could you please advise which application form do I need to fill up and send to the court to dispute the jurisdiction?

Your help will be greatly appreciated.

Thanks.

[charitynjw]

Re: Cabot Financial Claim Form received

Who are the Claimant's solicitors named on the court documents?

[lulu88]

Re: Cabot Financial Claim Form received

Claimant solicitors name and address:
Prestons Solicitors Limited
Trinity Chambers
800 Mandarin Court
WA11GG

Please let me know what supporting documents I need to send with my acknowledgement

[charitynjw]

Re: Cabot Financial Claim Form received

Claimant solicitors name and address:
Prestons Solicitors Limited
Trinity Chambers
800 Mandarin Court
WA11GG

Are you sure of this?

[lulu88]

Re: Cabot Financial Claim Form received

Yes, this is correct
solicitor firm as on Claim Form is

Prestons Solicitors Limited
Trinity Chambers
800 Mandarin Court
WA11GG

and Claimant:
Cabot Financial (UK) Limited
1 Kings Hill Avenue
Kings Hill
West Malling
ME19 3UA

[Diana M]

Re: Cabot Financial Claim Form received

Yes, this is correct
solicitor firm as on Claim Form is

Prestons Solicitors Limited
Trinity Chambers
800 Mandarin Court
WA11GG
and Claimant:
Cabot Financial (UK) Limited
1 Kings Hill Avenue
Kings Hill
West Malling
ME19 3UA

That's the address of Restons Solicitors

Di

[lulu88]

Re: Cabot Financial Claim Form received

Yes, it is correct address of Restons Solicitors

Prestons Solicitors Limited
Trinity Chambers
800 Mandarin Court
WA11GG


Can you please let me know which supporting documents I need to send with acknowledgment and dispute jurisdiction?

[lulu88]

Re: Cabot Financial Claim Form received

Hi,

Can you please help with information about supporting documents for disputing the jurisdiction?
This will be a great help, I already sent my acknowledgement of service but disputed the jurisdiction.
I am not sure which documents I should send to the court to dispute the jurisdiction, I don't live in the UK.
I read in this forum that everybody can send CCA and CPR request, can do it while living abroad?
Do I still need to send £1 fee when sending CCA and CPR request?

regards,

[Diana M]

Re: Cabot Financial Claim Form received

Can you please help with information about supporting documents for disputing the jurisdiction?
This will be a great help, I already sent my acknowledgement of service but disputed the jurisdiction.
I am not sure which documents I should send to the court to dispute the jurisdiction, I don't live in the UK.
I read in this forum that everybody can send CCA and CPR request, can do it while living abroad?
Do I still need to send £1 fee when sending CCA and CPR request?,

I'm not sure you can dispute jurisdiction since credit card/bank account Terms & Conditions usually have a clause saying the product is bound by UK law. Does this Cabot claim relate to a debt?

You can send a CCA Request (with £1 statutory fee in sterling) and a CPR 31.14 Request. You then have a choice whether to reveal your overseas address (enabling them to transfer enforcement of any CCJ to that country) or if you instruct solicitors they will go on record with the court and have no obligation to reveal your current address at this stage.

If if you choose to deal with this from abroad (admitting your whereabouts) then as I understand it the timescales and deadlines for responses may be different/extended.

Whatever your decision you would need to attend any hearing in the UK if things get that far.

Di

[Diana M]

Re: Cabot Financial Claim Form received

I received claim form dated 12/08/2016 and claimant is Cabot Financial

According to my calculations your Defence should have been filed by 4pm today.

Did you do that?

Di

[lulu88]

Re: Cabot Financial Claim Form received

I have called court yesterday and asked information desk if I am entitled for extra time while I am not in the UK jurisdiction and I was told me my time limit is till 14th of September 2016 which is tomorrow hence, I am filing my Defence today and I believe it will be with court in the morning 8am.