Court claim from Cabot Financial please help with how to proceed

[warwick65]

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

Hi
I am sorry I am a bit snowed under so just a quick reply

From what I can see the letter from MC solicitors saying you have previously inspected the documents may well be a standard letter trying to get them out of having to disclose. Do not tell them at this point what docs you may or may not have- remember it is up to them to prove the claim

The basic defence on here when they have not disclosed is OK

[eire13]

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

Hi Warwick65,

Thank you very much for replying. I have just submitted the basic defence now for the second claim as I didn't want it to be late. I didn't write back to them about any other documents I have. Hopefully that will be all fine for now.

[eire13]

Hi Everyone,

I just wanted to ask now that after putting in my defence to the court if I need to do anything else at the moment. Cabot and the solicitors have written back to me saying they are getting the information I need from the original creditor. I'm not sure exactly what happens after I put in the defence. Am I just supposed to be waiting for them to write to me.

If anyone could advise me that would be great. Thank you.

[warwick65]

If the defence is in, now is a waiting game. Has the court acknowledged your defence?

Next move is up to cabot

[eire13]

Hi Warwick65,

Thank you for replying. Sorry I don't seem to be getting notifications properly so sorry for the late reply. Yes the defence is in and I have received a reply back from the court to say they have received it. Cabot have written back saying they got my letter asking for the credit agreement and they will ask Capital One for it which may take 40 days. Hopefully I can get more advice if they send any more paperwork to me.

Can these cases go on for a while if no paperwork is supplied? I am trying to deal with 4 claims altogether now as I have the two for myself and my husband also has two claims aswell. Do you know is it likely I will have to go to court ?

Thank you for your help so far it is appreciated.

[MIKE770]

14 days and they know it ,40 days is a SAR request timetable if defence in they have 28 days to proceed or it gets stayed (laid up) and they would need to pay to unstay it>

[eire13]

Hi Mike770,

Thanks. That is good to know. Well hopefully they won't be able to get it back in time. Does the 28 days start from when the court receives the defence do you know.

[warwick65]

Your not the only oneonotogetting email alerts Amethyst

[Amethyst]

Still ? Thought I’d got that fixed - def checking junk & on right email ?

[Amethyst]

Hi Mike770,

Thanks. That is good to know. Well hopefully they won't be able to get it back in time. Does the 28 days start from when the court receives the defence do you know.

Almost, starts when defence served on claimant ( usually within a day or two but allow 5 & 28 before checking with court if you’ve not heard anything by then )

[eire13]

Hi Amethyst and Warwick for your replies.

Sorry Amethyst I have just checked my junk folder and the notifications had started to go in there so I have fixed it now thank you. Thank you for clearing up what happens with the defence. They have written back to me saying they have received the defence but put in the letter it is on hold also.

I do have like I said above 2 further claims from them but in my husbands name. Both these claims are very similar to mine. I have followed the same advice in dealing with these ones. But Cabot have written back and provided the notice of assignment which went to our previous address where we were not living at the time. I am due to put in the defence for this claim so should I amend the basic defence to include I have received the notice of assignment. I'm not sure if I should do a separate post for this in case it gets confusing.

Any replies to help with that would be great as this defence is due today or tomorrow. Thank you.

[Amethyst]

YEs it is likely best to make a separate thread to deal with each claim, as from here things might get confusing if you try deal with them all in one thread. The Example Defence is best starting point - so have an amend of that and set up a new thread for that claim xx The address part only really affects the NOA if you had previously informed the creditor of your move before the NOA was issued.

[eire13]

YEs it is likely best to make a separate thread to deal with each claim, as from here things might get confusing if you try deal with them all in one thread. The Example Defence is best starting point - so have an amend of that and set up a new thread for that claim xx The address part only really affects the NOA if you had previously informed the creditor of your move before the NOA was issued.

Thank you Amethyst. I will do a new thread now for that one. Ok that's good to know about the address. And no I have basically been ignoring things until the court claim came. But did not get things sent to the previous address.

[warwick65]

Remember, the notice ofoassignment is just that. You need them to prove the assignment by providing the Deed. I know it is a Fmotl idea but it does have legs.

[eire13]

Hi Warwick,

Thank you for the information. I didn't know that. I thought the notice of assignment was all they needed. That's great.