Cabot Financial UK LTD VS NeilVox

[jaguarsuk]

My point was to make clear that the parties cannot agree longer than 28 days extension to file a Defence when your post implied that they could.

It's important to get the facts right since other members/guests read these threads and potentially act on what they read.

Di

I agree, what I meant was "I thought they had" missed their deadline for filing the defence. I should have typed fully what I was saying, laziness.

[NeilVox]

Filed yesterday - also received a letter from Cabot stating they can’t locate the documents within 12 days but hope to within 40 days. I’d love to wish them luck but I shan’t.

[Diana M]

Filed yesterday - also received a letter from Cabot stating they can’t locate the documents within 12 days

*phew*

You dodged a bullet there!

I'm glad I flagged up the need to file your Defence after you'd missed the deadline.

So file your Defence online today before you get a Default Judgment.

Have a good weekend.

Di

[NeilVox]

Thanks Di, you too.

[NeilVox]

Hi all,

I contacted the CCBC today and the case is ‘stayed’ as of 25/4.

As always, thanks again for all your help.

Is is there anything more I’d need to do now?

Kind regards,

Neil

[Diana M]

I contacted the CCBC today and the case is ‘stayed’ as of 25/4.

Is is there anything more I’d need to do now?

Nope, there’s nothing you need to do at this moment in time.

See what their next move is.

Di

[NeilVox]

Ok cool. Thank you Di.

[NeilVox]

Hello all, I received a letter today titled "Notice of transfer of proceedings" - saying the claim has been transferred to a local county court for it to deal with claimant's application to lift the stay, strike out defence and enter summary judgement. It also says the application will be referred to a judge or if there is to be a hearing, will send out notice of time, place etc.

Any advice as to what to do next? Is there anything I can (or should) file with the court?

As ever, thank you for your help.

[MIKE770]

jaguar1954

[NeilVox]

Bump! If anyone could help, I'd appreciate it.

[Amethyst]

Hello all, I received a letter today titled "Notice of transfer of proceedings" - saying the claim has been transferred to a local county court for it to deal with claimant's application to lift the stay, strike out defence and enter summary judgement. It also says the application will be referred to a judge or if there is to be a hearing, will send out notice of time, place etc.

Any advice as to what to do next? Is there anything I can (or should) file with the court?

As ever, thank you for your help.

Did you receive a copy of the application at all ?

Have you received anything from the claimant since April ? any documents ? the agreement etc ?

You can write to the court defending the application. You should have received a copy from the claimant when they filed it. They hadn't written to you before they did it to put you on notice at all ?

[NeilVox]

Hi, the last letter I received from Cabot/Mortimer was to say that they'd get back to me once they'd found the documents. I've heard nothing since.

[Amethyst]

Okay, Monday, give the court a call, and probably the claimant too, and ask for a copy of the application so that you can defend it... explain you haven't received a copy, and have received nothing at all from the claimant since filing your defence back in March.

[NeilVox]

OK, will do. Thank you.

[NeilVox]

Good Morning all,

I've spoken to the court who advised MC paid to have the stay lifted on the 17th October and a judge will decide what happens next - I also spoke to MC who said they had sent a response to me in early Sept (never received) but will send a copy to me right away - I'll update once the letter arrives.