Cabot financial (uk) limited vs rumandcoke

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Jokers!

Look forward to the upload, Rumandcoke.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

You know where to come if anything comes up!!

nem

Guess what? I've had a letter from Cabot today. Dated 18th November. It says they have asked the original creditor for a copy of the cca and haven't been able to obtain it, my account will be on hold incase they find it. As such the judgement is unenforcable in court however I am still obliged to pay the debt and it gives me options on how to do so. I will load it on here later but can't get to my scanner at the moment.

[nemesis45]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you x

You know where to come if anything comes up!!

nem

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

If the stay is prolonged you could apply to the court to have the claim struck out or write to the claimants solicitors suggesting that their client should discontinue the claim as it seems they have no reasonable prospect of going forward.
Just stay aware of any communications.

nem

Thank you x

[nemesis45]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you, am I right to assume though if I hear nothing then stop worrying for now?

If the stay is prolonged you could apply to the court to have the claim struck out or write to the claimants solicitors suggesting that their client should discontinue the claim as it seems they have no reasonable prospect of going forward.
Just stay aware of any communications.

nem

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

A stay is open ended and the claimant could at any time in the future pay the fee for the stay to be lifted, so please make sure you deal with any paperwork from the court/claimant/solicitors.


nem

Thank you, am I right to assume though if I hear nothing then stop worrying for now?

[nemesis45]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you, I really appreciate all of your help everyone x

A stay is open ended and the claimant could at any time in the future pay the fee for the stay to be lifted, so please make sure you deal with any paperwork from the court/claimant/solicitors.


nem

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

I just telephoned the court, Cabot were meant to respond to my defence by the 20th November. They haven't done so therefore the claim is marked as stayed, no further action required. She said if they want to proceed they have to put an application into the judge and explain why they didn't reply before. If that happens I will get notified so for now there is nothing to worry about. Thank you so much all of you for your help, I would never of known all this if it hadn't been for coming across this site by accident. I'm so grateful to you all and fingers crossed this is the end of it x

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

Thank you, I really appreciate all of your help everyone x

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

[QUOTE=Rumandcoke;690412]

Mortimer Clarke's " on hold" is meaningless, the court processes continue.

Cabot has 28 days to respond to the defence, if they fail to respond the court will stay (suspend) the claim and they will have to pay a fee to lift the stay and continue the claim.

Note: You are not informed when the claim is stayed so if you here nothing from either claimant or court it will be necessary to contact the court to check the status of the claim.

nem[/QUOte

I.ve heard nothing so I phoned the court they said that Cabot has 33 days from the 17th October to reply and today is the 30th day, the court has heard nothing from them yet so I'll phone again to check next week.
:thumb:
If the claim does get stayed how long does that last so for example if a year down the line Cabot decide to pay the fee and lift the stay can they do that.
Yes, but the longer they leave it, the harder it will be to lift the stay.
Just wondering how long this might be hanging over my head for.
Potentially for ever, but see above.
After 6 years they would need an extremely good reason to make an application.
Also how much is the fee for them to lift the stay
Without your consent, £255.
is it worth them doing it?
Only they can decide that, but as they have had to purchase the debt in the first place, pay an initial court fee (£35 for a £450ish claim via MCOL), & a potential hearing fee of £55 on top of lifting the stay, it doesn't leave much in the way of profit.

####

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

[QUOTE=nemesis45;688726]Mortimer Clarke's " on hold" is meaningless, the court processes continue.

Cabot has 28 days to respond to the defence, if they fail to respond the court will stay (suspend) the claim and they will have to pay a fee to lift the stay and continue the claim.

Note: You are not informed when the claim is stayed so if you here nothing from either claimant or court it will be necessary to contact the court to check the status of the claim.

nem[/QUOte

I.ve heard nothing so I phoned the court they said that Cabot has 33 days from the 17th October to reply and today is the 30th day, the court has heard nothing from them yet so I'll phone again to check next week. If the claim does get stayed how long does that last so for example if a year down the line Cabot decide to pay the fee and lift the stay can they do that. Just wondering how long this might be hanging over my head for. Also how much is the fee for them to lift the stay is it worth them doing it?

[nemesis45]

Re: Cabot financial (uk) limited vs rumandcoke

I received a letter from Mortimer Clarke.

We have received your defence.

We are taking our client's instructions in relation to your defence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold.

Yours faithfully

Mortimer Clare Solicitors.

Mortimer Clarke's " on hold" is meaningless, the court processes continue.

Cabot has 28 days to respond to the defence, if they fail to respond the court will stay (suspend) the claim and they will have to pay a fee to lift the stay and continue the claim.

Note: You are not informed when the claim is stayed so if you here nothing from either claimant or court it will be necessary to contact the court to check the status of the claim.

nem

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Hi Rumandcoke.

Again, ignore it. (But keep it on file).
In any case it is not requiring a response from you.
They have been instructed by the court to reply to your defence within 28 days.
That is the important thing atm.

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

I received a letter from Mortimer Clarke.

We have received your defence.

We are taking our client's instructions in relation to your defence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold.

Yours faithfully

Mortimer Clare Solicitors.

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

Hi Rumandcoke.

The usual rubbish responses from CF & MC.
& as predicted by [MENTION=55034]nemesis45[/MENTION], they've been given 28 days by the court to reply; if not the case will be stayed & they will have to pay to lift it.