Court claim from Cabot Financial please help with how to proceed

[nemesis45]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Nemesis,

Thank you I have done the postal order like you said now. I'm just back from the post office and have posted both letters one to Cabot and the other one to Mortimer Clarke Solicitors. I'm just wondering about dates around Christmas now. I'm a bit confused about when the defence will be due in as are some days over Christmas not counted. Should I be doing anything else now.

Thank you for all the great advice so far.

Just a point to note the compliance time for the CCA request is 12 + 2 working days weekends and bank hols don't count.

nem

[Amethyst]

Re: Court claim from Cabot Financial please help with how to proceed

Hi All,

Thanks everyone for all your replies above. So am I now just waiting for the cca request and other paperwork to come back. I wouldn't want to miss out on anything else I should be doing. If someone could guide me to how to do the defence that would be great or do I need to wait now.

Thanks for all your help.

Here's an | Example Defence | to get you started - you need to submit it before the 28 days from service on the claim is up - regardless of whether you receive any responses from them.

[Diana M]

Re: Court claim from Cabot Financial please help with how to proceed

So am I now just waiting for the cca request and other paperwork to come back.

Well in some ways you're rather hoping it doesn't come back because that may be one of the legal arguments in your Defence (i.e. non compliance with s 77-79 CCA). If they can't/don't comply with your CCA Request the debt becomes unenforceable in court unless or until they do.

Have you also sent a Subject Access Request to Capital One as Warwick suggested?

This will give you the account history so you can see for yourself what documents Capital One have in their files which enables you to assess the 'honesty and accuracy' of any documents produced by the Claimant.

Di

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi All,

Thanks for you further replies. I am still getting a bit confused about the dates as you have mentioned 28 and 33 days. Could someone please help with when my defence is due. The claim date is 7th December and I received it on 8th December. I counted 33 days and this is 9th January is this correct or is it due before that obviously I wouldn't want to be late submitting the defence.

Thank you so much for providing the example defence Amethyst that will be helpful. Do I wait more than 12 days now to chase up the CCA request. Yes would be good if I don't receive it.

Also as I am getting a bit panicky and stressed about the financial side of this if I lose the court case do you know how much would be a maximum amount per month I would have to pay back. I am not working and am a carer for my disabled husband so basically just living off benefits and my health hasn't been great either. The thought of court terrifies me is it likely I will have to go to court aswell.

Also more bad news in the post this morning I've had another claim from Cabot. I seem to have had another credit card from Capital One in 2013 this claim is all basically the same particulars of claim as the first one but for a lesser amount. Maybe they just time these just before Christmas to stress people out. I don't know if I need to do another post now. This one is dated 15th December and I received it today so I will do the same as I have done for the other one.

If someone could please help with the dates side of things that would be helpful. Also advice about how much I might be expected to pay back if it doesn't go my way.

Also do the court have powers to look at your bank accounts? Not that there is a lot in there just wondering and will I have to go to court.

Thank you all for your advice so far it is much apprecaited.

[warwick65]

Re: Court claim from Cabot Financial please help with how to proceed

Hi

I make the 33 days the same as you 9th jan

Just so you know, the rules allow 5 days for service i.e post and then another 14 days for acknowledgment and a further 14 days for the defence so 5=14=14 =33 . The 33 days is regardless of when you received the form or when you acknowledged - hope that makes sense

As for the CCA request - do not chase it up , if they can not produce the documents then do not prod them

I assume you had two capital one cards is that right? possibly under different branding
You will follow the same process as before


If you lose the case you can apply to have the order varied so you only pay what you can afford , maybe even only £1 a month or £5 a month.

The courts do , in some circumstances have powers to examine your financial dealings but as far as I know not at this stage - only if you do not pay etc


Hope that helps

have you thought about some free initial legal advice?

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Warwick,

Thank you for your reply. Thank you for working out the dates for me and explaining it so well. I was having a look at the defence posted above. It would be good if they don't provide the CCA request. So I won't remind them thanks for that advice. Is that also the same with the CPR request I don't contact them again and if I hear nothing just do the defence.

Yes I had two cards they were probably different branding like you said.

That's very good about the monthly amount as I wouldn't be able to afford much more than that. That has set my mind at rest a bit thank you.

I've done the acknowledgement and sent off the letters for the second claim already.

I didn't think of legal advice not really sure about that. Would it be a good idea? Thank you for replying. x

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Everyone,

In the meantime I have had a letter from Mortimer Solicitors saying they will ask their client for the paperwork and in the meantime it is on hold. I've had another letter from Cabot saying they will senf the paperwork but have to ask Capital one for it and to give them 40 days.

I wanted to do my defence now just a few days early will I just copy the defence that is posted on the first steps thread.

Any advice would be appreciated.

Thank you.

[Diana M]

Re: Court claim from Cabot Financial please help with how to proceed

I have had a letter from Mortimer Solicitors saying they will ask their client for the paperwork and in the meantime it is on hold. I've had another letter from Cabot saying they will senf the paperwork but have to ask Capital one for it and to give them 40 days.

Does the letter from Mortimer Clarke specifically ask or agree to an extension of time? If you sent the LB CPR 31.14 Request you may have indicated that you would be willing to agree to an extension but only if they ask for one.

Personally I would go ahead and file your Defence by the deadline which you believe is next Tuesday. It's their problem if they haven't got the documents in their possession which they should have had before they issued the claim.

Di

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Diana,

Thanks for your reply. the letter does not mention anything about having an extension of time. Just says I may have had paperwork from original creditor already and asking me what I have and they will ask their client for the other paperwork I have asked for.

Will I just do the defence the same as in the First Steps link then?

Thank you for your help so far.

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi All,

Just to update. I have now entered a defence for the first claim basically copying the example defence that was linked for me. I will do the defence for the second claim on Friday just to be in time.

What do I do next is it just a case of waiting now?

Any advice would be appreciated.

Thanks so much for all your help so far.

[warwick65]

Re: Court claim from Cabot Financial please help with how to proceed

Have you got a 2nd claim - is it another money claim or something else

You may have said and I may have missed it

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Warwick 65,

Yes there are two claims. I did mention in but nor sure if it was clear. They are both for similar amounts both capital one credit cards. They issued them both one after the other. I submitted my defence for the first one yesterday.

I am now looking over the response I got from Mortimer Clarke and hoping I have not made a mistake with the defence because they did write to me and they said I have already "inspected" the documents that relates to CPR 31.14 that would have been sent to me by the original creditor. They asked me what documents I have received.

The CCA they said they asked Cabot for and I did then get a letter from Cabot saying they need more time to get the CCA.

So will that defence I submitted still be ok I just copied it from the first steps post. I could try to amend it for the next defence which is due next week.

Also just as another query my husband is also dealing with debt claims and he has now lost his password for MCOL is there anyway to access it if he also doesn't have the customer number? I did tell him to print it but he forgot.

Thanks for any help it would be appreciated.

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Warwick,

You can ignore the question about my husbands claim he phoned MCOL and got it sorted now.

So now I would be just asking in view of the letters already received from Mortimers and Cabot should I amend the defence slightly or just leave it as really they have not provided any paperwork as such.

Thanks

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Warwick,

I hope someone can help me please. Is it still ok to enter the defence as per the first steps post if Cabot have not sent me a credit agreement yet. I wanted to enter the defence for this second claim today or tomorrow.

[Onestepatatime]

Re: Court claim from Cabot Financial please help with how to proceed

[MENTION=98117]warwick65[/MENTION] [MENTION=87380]Diana M[/MENTION]