CCJ from Cabot Financial. Help with defence please.

[eire13]

Hi Everyone,

I have another post at the moment where I'm trying to defend 2 claims from Cabot Financial. This post is about another 2 claims that my husband has received that I am also trying to defend.

The 2nd claim for my husband is dated 4th January. So I wanted to put in the defence soon so it's on time.

The particulars of claim for this one are:

By an agreement between Capital One Bank and the defendant on or around 09/02/2015 (the agreement) Capital One bank agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated, The agreement was assigned to the claimant. The claimant therefore claims £12xx.xx

So I followed advice from my other post and got the CCA request and the CPR 31.14 letters sent off. Cabot wrote back saying they have received the letter and the request and acknowledge it should take 12 days but saying it might take 40 to come from the original lender.

The solicitors wrote back asking what documents he already has. They sent a copy of the assignment which was sent to a previous address we weren't living at when they sent it.

So I wanted to enter a defence for this claim but I'm not sure how to amend it properly to say we have received the assignment but not other documents. Any help would be appreciated. Thank you all.

[jaguarsuk]

If you are using the template defence here: https://legalbeagles.info/library/gu...-court-claims/

This:

11.[Claimant’s Solicitor] has sent [Agreement, Default Notice and Notice of Assignment] and the [Agreement, Default Notice and Notice of Assignment] are still outstanding.

[eire13]

Thank you Jaguarsuk,

I'll just amend that part. Thank you.

[eire13]

Hi Everyone,

I need some help again please. I have entered the defence for the above 2 claims. But in the meantime I have received letters from Cabot and Mortimer C. Solicitors. The Cabot letter has provided the credit agreements and default notices for the 2 claims. They are asking for us to set up a repayment plan rather than get a CCJ. I suppose this would be preferable if the payments arrangement is affordable. What would be your advice on how to proceed please. Any advice gratefully received. Thanks

[Anthony72]

Hello
I see one claim is for about £1200 , is there another?

Are the default notices accurate and relevant or are they reconstituted ones
I see on other threads people are advising a SAR should be sent to the original creditors, I wonder if you did that as it might contradict what is on the default notice

Maybe someone with some knowledge about defending claims could help

[eire13]

Thank you Anthony for your reply. Yes there are 2 claims for roughly the same amount. No I didn't send off Sar's so have nothing to compare.

I really could do with other advice on what to do next. Should I offer to pay a small amount per month. Not sure what happens with the court case if I start paying them either. Any help appreciated.