Cabot Financial Claim Form received

[Diana M]

Re: Cabot Financial Claim Form received

I am filing my Defence today and I believe it will be with court in the morning 8am.

* phew*

Did you send the Claimant a CCA request and their solicitors a CPR 31.14 Request as suggested?

Di

[lulu88]

Re: Cabot Financial Claim Form received

Yes, I sent CCA request and CPR and I have checked tracking and post is in the UK already, it is to be delivered by tomorrow and I hope it will be delivered tomorrow.

[lulu88]

Re: Cabot Financial Claim Form received

The court information desk told me that I may need to send email or letter with defence informing the court that I do not live in the UK. Is there any example of writing letter to the court? If you can send me that would be great help.

[Diana M]

Re: Cabot Financial Claim Form received

The court information desk told me that I may need to send email or letter with defence informing the court that I do not live in the UK. Is there any example of writing letter to the court? If you can send me that would be great help.

I (my firm) can't do that for you but maybe someone on this forum can.

Di

[Amethyst]

Re: Cabot Financial Claim Form received

Okay, you've filed your acknowlegdement and defence so just need to inform the court and claimant of your change of address. When you sent your CPR and CCA letters did you put in those your change of address or are the family who live in your previous address happy to inform you of any further mail? Also do you now reside within the EEA ?

Change of address for service

6.24 Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.

[lulu88]

Re: Cabot Financial Claim Form received

Hi, I have mentioned that my address changed and provided complete address and contact number where I am living now for last 7 years, same information was mentioned in my CPR and CCA requests sent to the claimant and their solicitors. Acknowledgement of service and defence was filed within the time limit and I also sent email to the Court with proof of my address along with government documents. I disputed jurisdiction and I hope the court will accept the fact that I do not live in county court jurisdiction. I live in North America, I do not live in European Union. Please let me know your opinion what will be the outcome?

[Diana M]

Re: Cabot Financial Claim Form received

I disputed jurisdiction and I hope the court will accept the fact that I do not live in county court jurisdiction.

While you may not live in the UK the question is whether the contract is enforceable under UK law.

As previously explained this may be down to the terms and conditions of the credit agreement.

Do you have those ?

Di

[lulu88]

Re: Cabot Financial Claim Form received

Hi, I have been away for couple of weeks and I did not have access to my computer to check the messages. I appreciate your guidance and I don;t have any credit agreement terms and conditions copy and I have no idea if the contract is enforceable under the UK law or not. I received email from claimant solicitor giving me 14 days to put forward settlement proposal and I have realized email was sent me on 26th September and I think 14 days have passed. Do you think I should answer even though I have no intention to put any offer to settle? They acknowledged my request under CCA and CPR and they mentioned that they have contacted their client and it may take some time to produce those documents. Please guide me what should I do and if I need to answer their letter/email. Thanks

[charitynjw]

Re: Cabot Financial Claim Form received

Hi, I have been away for couple of weeks and I did not have access to my computer to check the messages. I appreciate your guidance and I don;t have any credit agreement terms and conditions copy and I have no idea if the contract is enforceable under the UK law or not. I received email from claimant solicitor giving me 14 days to put forward settlement proposal and I have realized email was sent me on 26th September and I think 14 days have passed. Do you think I should answer even though I have no intention to put any offer to settle? They acknowledged my request under CCA and CPR and they mentioned that they have contacted their client and it may take some time to produce those documents. Please guide me what should I do and if I need to answer their letter/email. Thanks

Was this a 'without prejudice' offer? (I doubt it, but I'm just being nosey )
I believe the usual rule concerning offers is that it must be actually communicated to the offeree. (ie Holwell Securities-v-Hughes [!973]).
You had not been 'fixed with the knowledge' of the offer before it expired.

[lulu88]

Re: Cabot Financial Claim Form received

Hi, thank you for writing me back, I am sorry, I could not understand what do you mean by 'without prejudice' offer? Claimant solicitor asked me in their letter to put forward my proposal to settle the matter. I am not sure if I am obliged to answer their letter and particularly this point where they mentioned that for CCA & CPR we have to wait in the meantime asked me that they welcome to my proposal for settlement. Please see attached letter for your convenience and better understanding the matter. I will be very grateful for your guidance, what step I should take in these regards.

[MIKE770]

Re: Cabot Financial Claim Form received

No = usual template response to the said request they are begging at this stage = xmas party comes to mind!

[Diana M]

Re: Cabot Financial Claim Form received

Claimant solicitor asked me in their letter to put forward my proposal to settle the matter. I am not sure if I am obliged to answer their letter and particularly this point where they mentioned that for CCA & CPR we have to wait in the meantime asked me that they welcome to my proposal for settlement. Please see attached letter for your convenience and better understanding the matter. I will be very grateful for your guidance, what step I should take in these regards.

You're not obliged to answer that letter. The Claimant has asked you to put forward an offer to settle that's all. If you're not inclined to settle then there's nothing to say on the subject.

The letter simply informs you that they have received a copy of your Defence and it confirms that the Claimant does not have the paperwork requested by you (yet) The paperwork you have asked for is the paperwork needed by them in order to enforce the debt in court. They know that

If they don't tell the court that they want to proceed with the claim within 28 days of the court sending them your Defence then the claim will automatically be stayed (a pause button on the proceedings). Make a note in your diary to ring/email the court at that point for a status update because they won't write to tell you.

Since you live outside of the UK you really do need to access your emails on a regular basis so you don't miss a court deadline.

Di

[lulu88]

Re: Cabot Financial Claim Form received

Hi Di, Thank you so much for writing me, I really appreciate it.
I can simply pray for you for a great life and success in everything you do.
It is really a wonderful work you are doing helping others in their difficult time.

Best regards,

Ia.