Cabot Financial (UK) LTD - Claim Form

[Lefin]

Hi Rebz, thanks for your message. Can I ask you and Warwick for some advice:- I sent off the letters requesting information from the solicitors & original creditor and neither have sent back any form of correspondence. What would you suggest my next steps be?

[Rebz]

Have you filed a defence yet? I cant give advice but my observations of the claim are
the particulars are so vague you are they do not disclose a cause of action
they do not disclose or rely upon any demand or failure to make payment
they do not disclose or rely upon any notice of assignment
despite seeking the only document disclosed it has not been provided in the time required.
also the original contracting party could be queried (if it just says vanquis).

if you made your CPR 31 request with an undertaking to pay reasonable copying costs it should be provided in 7 days of receipt of the request. If you have proof of delivery you could consider an application for an order along the lines of "unless the claims provides the defendant with a copy of the agree, notice of assignment and evidence of a demand within 14 days the claim be struck out as disclosing no reasonable grounds for bringing the claim" - I think it is cpr 3.4 that you would apply under and creditors are quick to use it with defences that are junk. You could ask for costs as they should have responded and pled a better case but you will have to pay a fee and that Is a double edged sword as the balance is so low it is not economic.

perhaps when giving them a copy of the defence invite them to discontinue and threaten an application as above and for them to file amended particulars on compliance, which may convince them to drop it on commercial grounds?

[Lefin]

Hi Rebz, I followed the steps as mentioned above by Warwick & Mike. I sent both letters recorded delivery which they have been delivered & signed for.
I need to enter my defence within the next three days which is starting to panic me because they havent responded to these letters.

[Rebz]

They may hope you don' so they can enter a default judgment and circumvent the issue. If you don' file a defence the claimant can and probably will simply enter judgment as It is easier to defend an application to set aside than to prove the case at a hearing as the burden is on you then