Cabot CPA 31.14 request court claim

[Mattonlaptop]

Hi all,

I received a county court claim from cabot in April last year. I requested details as per CPA 31.14 and had no reply which I entered into my defence.

Since then I have heard nothing.

I have a default on my credit report for this since 2020 I now want to start to get mortgage ready and want to make a full and final settlement, what percentage offer should I go in at?

Thanks,
Matt

[echat11]

a) You need to find out what's happened with that Court Claim.

b) You also need to provide more details, might be an idea to answer the following (leave out personal details) copy and paste back onto this thread -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

c) Clearly the background details will dictate the offers you make, remember to mark any offers with 'Without Prejudice'

[Mattonlaptop]

Hi ECHAT,

Thanks for coming back to me, do i call the court for an update on the claim?

Other details below -

Received a claim? YES
Issue Date: 21/4/22
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £2000
Claimant’s Name: CABOT FINANCIAL
Solicitors Firm: MORTIMER CLARKE
Original Creditor: NEW DAY
Original Debt CREDIT CARD
Particulars of Claim: By an agreement between NEW DAY RE; FLUID and the defendant on or around 31/01/2019 New day re fluid agreed to issue the defendant with a credit card. the defendant failed to make the minimum payments due the agreement was terminated following the service of a default notice. The agreement was assigned to the claimant. the claimant therefore claims 1. 1800 2. COSTS
Is the debt Statute Barred NO
List any letters you have sent CPR
Any Other Information or Background Details: Letter received from Mortimer Clarke on 25/05/2022 that they have referred the content of the defence to their client and are awaiting instructions. No documentation received to CPR request. Last update in MCOL defence received on 23/05/22 where i told the court that I had not received documents from CPR request.

[echat11]

Yes call the Court, it's strange that you've not had any communications from the Court or Claimant. Reassess when you get that information. Update the thread.

[Mattonlaptop]

Thank you ECHAT.

I have spoken to the court this morning, the claimant did not respond so the case has been stayed.

What would you advise on next steps please?

[echat11]

a) There might be a problem getting the documents you requested. You could seek them again.

b) Once you contact them, they could recommence proceedings, they would have to pay a fee.

c) You could write a letter offering, as an example £500 as a Full and Final Settlement, ask them to remove the default marker on your credit report, the letter has to be marked 'Without Prejudice', see what they say. If they accept your offer, they may mark it 'partially settled', but push for 'removal', they might do it.

https://nationaldebtline.org/fact-sh...ent-offers-ew/

https://nationaldebtline.org/sample-...tlement-offer/

[Mattonlaptop]

Update from here. Have received a reply today to my £500 offer which they have said their client wants an end to the matter and have counter offered at £1600. No mention of restarting court proceedings or anything about the documents I requested previously. Any thoughts please?

[echat11]

Update from here. Have received a reply today to my £500 offer which they have said their client wants an end to the matter and have counter offered at £1600. No mention of restarting court proceedings or anything about the documents I requested previously. Any thoughts please?

It's good they want an end to it.

I'd send a follow up offer letter stating that there's a 'cost of living crisis' i.e. food, energy etc.

Give other reasons if you can and as such that is all you can offer

(make an offer that you think they'd accept, i.e. £700, but you have to be comfortable with it).

[Dogwoof21]

Mattonlaptop Just wondered what the outcome was as in similar situation. Did you agree an amount and settle? If so how much?
also did u put it forward to MC or Cabot?