County Court letter received from Northampton Court. Cabot financial & Mortimer Clark

[Diana M]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

@Diana M think Jimmy's trying to get your attention.

Thanks for flagging this up.

My work email is in my forum signature which Is di@joannaconnollysolicitors.co.uk

The OP definitely needs legal help with this large claim.

I’m happy to point him in the right direction.

Di

[Guest]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi,

Adivse would be greatly received. This pests have been chasing me for years.....

Cabot financial contacted me approx. 3 years ago chasing a debt dated back to 2002 for a personal loan with The Funding Corporation. After using this forum, I followed the neseccary steps and wrote to them, requesting to provide me proof of the debt and that the debt was now statue barred, no contact made to the creditors in over 6 years. I received a response confirming they would contact me with their findings after further inverstigation, this was over 14 months ago, I didn’t receive a response.


I have now received a County court claim for nearly £10000. I intend to dispute the claim and any advise on templates, letters, process I should follow would be greatly appreciated.

Lastly, is there a likelihood they can enforce this? They have never provided me with proof of the debt.


Many thanks,

Hi, Di appears to be giving you very good information to help you which is the professional approach (Law Society) to the court.
I however deal with debt/court threats in an unusual way being a L.I.P (Litigant in Person) not a member of the Law Society.
First, Northampton Court deals with all cases filed on line so if you defend the case you will need to move it to the County Court nearest to you so you can attend.
You need to send a letter to the solicitor requesting an invoice for the full amount they allege is owed...tell them they must itemize every amount in detail to the penny so you can check the invoice is correct....tell them the invoice must be signed with a wet signature by the man or woman with first hand knowledge of the debt/s owed.
If you receive no response you can place a copy in your defense file as proof you tried to settle on the private side.
If it goes to court (which I do not think it will because any good solicitor will know what you are doing) I can help you further.
Regards Tony

[Amethyst]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi, Di appears to be giving you very good information to help you which is the professional approach (Law Society) to the court.
I however deal with debt/court threats in an unusual way being a L.I.P (Litigant in Person) not a member of the Law Society.
First, Northampton Court deals with all cases filed on line so if you defend the case you will need to move it to the County Court nearest to you so you can attend.
You need to send a letter to the solicitor requesting an invoice for the full amount they allege is owed...tell them they must itemize every amount in detail to the penny so you can check the invoice is correct....tell them the invoice must be signed with a wet signature by the man or woman with first hand knowledge of the debt/s owed.
If you receive no response you can place a copy in your defense file as proof you tried to settle on the private side.
If it goes to court (which I do not think it will because any good solicitor will know what you are doing) I can help you further.
Regards Tony

Hi Tony,

The case is transferred to a local court, by the court, following submission of Directions Questionnaires after the Defence has been filed and served.

No idea why you'd want an invoice, it's a consumer credit debt I believe, I will have a read back through the thread though. A breakdown of the amount claimed and evidence of the original agreement, default and legal assignment is required though.

I'd hazard a guess you're quite interested in FMOTL ?

Reading back anyway .....

[Amethyst]

Re: County Court letter received from Northampton Court. Cabot financial & Mortim

Hi Di,

The acknowledgment to the court has been submitted, I haven’t issued my defence letter.

Please can you advise my next steps?

Many thanks,

Okay you have acknowledged, and your defence is due by the beginning of February - ( what's the date of issue printed on the claim form ? )

You have sent the CPR letter and Subject Access Request and await responses.

You previously sent a CCA request which there has been no response to.

You believe the debt is statute barred due to it being part of a failed IVA ( end 2006/2007 ) and the original loan would have ended 2007.

Di seems to have been giving you some decent help, I'm not sure if her latest comment is because you have contacted her formally off the forum or not, so just moving your thread down to the court forum so if you want to keep on posting on here you can and it's a bit more visible in the right forum section You'll also see the guides at the top of the page now.

[warwick65]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Tony
I am rather worried about what you have posted, why ask for an invoice which may be misused as an admission. especially if you include a copy in your defence stating you had asked for a breakdown of what of you owe- you may have had some success with your approach but I worry that is almost certainly more luck than judgement -
[MENTION=87380]Diana M[/MENTION] does give very sound advice and indeed her firm represented me - I would have been hung out to dry without their help