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County Court Claim - Cabot Financial / Mortimer Clarke Solicitors
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#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Anything interesting in the SAR ? ( default notice : agreement etc ?)
You could give court a ring after the month from filing your defence is up to see if they have heard back from the claimant and check the status of the case.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Hi Amethyst Sorry for the delay, I received last week a letter from Cabot Financial stating,
"We have been unable to get the information requested from the original lender. If this information ever becomes available to us we will complete your request, but until we are able to supply this your account is unenforceable. This means we are not permitted to obtain a judgement or decree against you in Court, but we can still request that you repay your outstanding balance. We will still try to contact you to help you repay this outstanding balance. If this account is on your credit file it can affect your ability to get credit, obtain a mortgage or a mobile phone contract. Repaying this account could have a positive effect on your credit file as it will show that you are making regular payments. We would like to talk to you about a Personal Payment Plan where you can arrange to repay your account at a rate that you can afford. For more information on what could happen now that we've been unable to reply to your CCA request there is further information available on the National Debtline website on their 'Credit agreements - getting information' factsheet."
What are the next steps now? Should they have advised the court of this and this claim should now be closed? If I repay could they still give me a CCJ or is that now not possible?
Thanks
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
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