Court Claim - Cabot Financial / Capital One - 15-12-2017

[Diana M]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

If it goes to hearing and I agree to repay, will the amount go up due to court costs for the hearing? I think I remember reading somewhere about £175 extra for the court costs! If that's the case, I may just fill out the N9 admission form and offer a monthly amount.

After you file your Defence you should be given the option to use the court's free telephone Mediation service if the Claimant decides to continue with the proceedings and is also willing to attempt Mediation.

This means you won't have to deal direct with Mortimer Clarke solicitors in order to negotiate a settlement which can be daunting. The Mediator calls each of you separately and acts as the go-between.

If you settle this with a Tomlin Order the other side would expect you to pay the court filing fee of £100 which is a lot of money to find when the claim is around £300.

They'll need more than just the credit agreement to prove their claim too.

Who is named as the Claimant? Is it Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd. There's a difference and it matters.

Di

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

The claimant is "Cabot financial (UK) limited". Mediation would certainly be helpful however I really have no wish to increase the amount I owe!

[Diana M]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

The claimant is "Cabot financial (UK) limited". Mediation would certainly be helpful however I really have no wish to increase the amount I owe!

The court's Mediation service is free. It's legally binding but not a CCJ.

The filing of any Tomlin Order would have to be paid for by you and as I said negotiation over the phone with solicitors can be stressful.

You have 33 days from the claim issue date (top right on the claim form) to file your Defence so have a great Christmas with your family in the meantime.

Di

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

I just had to have a search online for Cabot's postcode as it's not included on the response pack and noticed something unusual on their contact page (https://www.cabotfinancial.co.uk/contact).
At the very bottom, the second line up shows this;
"Cabot Financial (Europe) Limited is registered in England and Wales with Company No. 3439445. Registered Office: 1 Kings Hill Avenue, Kings Hill, West Malling, Kent ME194UA"
This address is the same as the address I have for "Cabot Financial (UK)" so does that mean "Europe" and "UK" are the same company?

Also, the last line states:
"Cabot Financial (Marlin) Limited is registered in England and Wales with Company No. 4618038. Registered Office: Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP."
This is the address I have for "Mortimer Clarke" solicitors!

Are these 3 seemingly different companies actually one and the same?

Apologies if it's irrelevant but it struck me as peculiar.

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Happy new year to all!
I had a reply letter from Mortimer Clarke solicitors this morning. It reads;

"We acknowledge your request for documentation pursuant to CPR 31.14.

We confirm our client is willing to agree to the extension of 28 days for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to thus matter to avoid duplication over document inspection. We will then take our client's instructions.

Yours faithfully etc."


Included with the letter are a copy of a letter addressed to me from Capital One informing me of the sale of my account to Cabot Credit Management in March 2017 and a copy of a letter from Cabot Financial informing me they'd bought my account.
There is no copy of the credit agreement which I requested.

What do I do next, please?

[Amethyst]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

You will need to inform the court of the agreement to the extension.

To inform the court in writing;


Email something along these lines to the court ccbcaq@hmcts.gsi.gov.uk



SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to ****ADD DATE 28 DAYS AFTER ORIGINAL DEFENCE DATE*****.

Kind regards

xxxxxxxxx
Defendant

[warwick65]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Do not tell them what documents you may or may not have in your possession, it has nothing to do with them.

By the way, Marlin and various cabot companies are all part of the same group so do not read too much into the same address

Did you sent a CCA request to Cabot (UK) and have they replied- that is the real one they need to comply with

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Ok, thanks Amethyst.
Yes, I sent a cca request to Cabot but have not had a response yet.

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Thanks, just to confirm, is the date 28 days from receipt of the the original ccj claim form? The claim form was dated 15th december, plus 5 days makes 20th december, plus 28 days makes 17th January. Am I correct?

[warwick65]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Thanks, just to confirm, is the date 28 days from receipt of the the original ccj claim form? The claim form was dated 15th december, plus 5 days makes 20th december, plus 28 days makes 17th January. Am I correct?

Yes for submitting your defence

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Thanks a lot warwick65

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Hi again! So I have just over a week to file my defence. Any advice on what I should be putting would be gratefully received. Also, can I do it online or do I need to post something?
Thanks in advance

[Kati]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=98117]warwick65[/MENTION]

Here's a template defence for you to look at/play with while you're waiting for a reply [MENTION=111285]Loxley[/MENTION] - https://legalbeagles.info/library/gu...-court-claims/

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Just to clarify, I've received a copy of the "notice of assignment" from mortimer clarke but no copy of "CCA" yet.
I've begun drafting a defence using the template and I'll share it when it's ready for your perusal.

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Hi all. I've amended the defence template and would like to know if I've done it correctly. Should I post the main body of text here? Also, do I send it by post or should/can I copy/paste it into the online defence form at MCOL?