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CABOT claim rec'd - renaltmagnummad

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  • #31
    Re: CABOT claim rec'd - renaltmagnummad

    hehehe
    As if by magic CB arrived.

    here you go, new one for N'hampton claims of this nature:

    Defence
    1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


    2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any date of alleged agreement, no assignment documentation, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

    3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

    4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

    5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

    6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.
    So here's the plan:

    1. file basic defence (above)
    2. write to the court pointing out the failure of the claimant to comply with their CPR 31.14 obligations
    3. write to the other side and tell them what you have done
    Last edited by Curlyben; 9th March 2009, 11:48:AM.

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    • #32
      Re: CABOT claim rec'd - renaltmagnummad

      hi curly,

      thanks for that i will get things moving will keep you posted with any news.

      cheers ren.

      Comment


      • #33
        Re: CABOT claim rec'd - renaltmagnummad

        hi curly,

        letter from northampton court,


        cabot financial(uk)limited -v-xxxxxxxxxxxxxxxxx

        i acknowledge receipt of your defense. a copy is being served on the claimant (or the claimants solicitor).
        the claimant may contact you direct to attempt to resolve any dispute. if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. the court will then inform you of what will happen.

        where he wishes to proceed the claimant must contact th court within 28 days after receiving a copy of your defence. after that period has elapsed, the claim will be stayed. the only action the claimant can then take will be to apply to ajudge for an order lifting the stay


        thanks ren.

        Comment


        • #34
          Re: CABOT claim rec'd - renaltmagnummad

          Ren, did you send a letter to the court informing them of Cabot's failure in the CPR 31.14 obligations ?

          Comment


          • #35
            Re: CABOT claim rec'd - renaltmagnummad

            hi curly,

            yep that was sent to the court

            thanks ren.

            Comment


            • #36
              Re: CABOT claim rec'd - renaltmagnummad

              Coolio, just need to inform Cabot of that fact

              Comment


              • #37
                Re: CABOT claim rec'd - renaltmagnummad

                hi curly,

                done that as well m8


                cheers ren.

                Comment


                • #38
                  Re: CABOT claim rec'd - renaltmagnummad

                  Time to sit back and put your feet up them.

                  Comment


                  • #39
                    Re: CABOT claim rec'd - renaltmagnummad

                    hi curly,

                    think igot it sorted now the attachment that is here is the latest from morgans see what you think

                    ren

                    Comment


                    • #40
                      Re: CABOT claim rec'd - renaltmagnummad

                      So they admit they DON'T have the agreement.
                      Now isn't that a shame

                      Have you heard anything from the court on this one at all ?

                      Comment


                      • #41
                        Re: CABOT claim rec'd - renaltmagnummad

                        hi again curly,

                        the last time i heard from the court was to say they had received my defence and they were sending a copy to the claimants solicitors

                        ren:beagle:

                        Comment


                        • #42
                          Re: CABOT claim rec'd - renaltmagnummad

                          Might be worth giving them a call to see where this is at.
                          I know they have a time frame in which to decide whether or not to take this forward, but, from what they have said here, this wont be going to trial anytime soon

                          IF it gets to AQ, which I serious doubt, we'll throw a "shows us the documents or naff off" order at them..

                          Comment


                          • #43
                            Re: CABOT claim rec'd - renaltmagnummad

                            ok mate i am getting good at this now i feel so keep your eyes open coz i have got plenty more i am going to start posting the latest letters on them all thanks again


                            ren.

                            Comment


                            • #44
                              Re: CABOT claim rec'd - renaltmagnummad

                              hi curly,

                              i have just spoke with northampton court and they inform me that they have had no response from cabot and gang so they have stayed the case.

                              all i can say is thanks curly and things are starting to look up.


                              time to get on with some more i think cheers ren.

                              Comment


                              • #45
                                Re: CABOT claim rec'd - renaltmagnummad

                                Grats Ren
                                Luminol x

                                Comment

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                                SHORTCUTS


                                First Steps
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                                Income/Expenditure
                                Acknowledge Claim
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