Cabot Debt Unenforceable but taking me to court to throw out my defense.

[mrmonkey]

Hi Cabot tried to file a claim against me for £1700+ original debt, i sent the usual defense denying claim and requesting information.
I recieved a letter from Mortimer Solicitors stating the debt was unenforceable and they were instructed to close the account and it would be passed back to Cabot
Not after they added all court costs charges etc. this was in 2021.

I recently got a letter unfortunatly i cant find it from cabot stating they were taking me to court in the next borough to have my defense thrown out.
I then recieved a letter stating it had been sent to the county court then another letter from the court dealing with it that it was being sent to my borough county court.

It mentions requesting stay set aside etc im a bit confused by it all tbh.

***Sorry 2nd and 3rd image are in wrong order

[echat11]

a) They can't have your Defence struck out, although they are trying. If they do 'somehow' get Judgement, you might have to 'set it aside'.

b) Did they send you the requested information?

c) The next step should be where the Court send you a Directions Questionnaire.

d) Call the Court on Monday and find out exactly what's happening.

[mrmonkey]

No they never sent me the requested information which made up my original defence when they filed a claim in the county court.
This was in 2021 originally.
I will ring on Monday thanks.

[echat11]

No they never sent me the requested information which made up my original defence when they filed a claim in the county court.
This was in 2021 originally.
I will ring on Monday thanks.

Did you get a copy of the Claimant's Application?

[mrmonkey]

atm all igot other then the claim in 2021 was what i have posted from the court, cabots sent a plain letter saying they were applying to court to get my defence dismissed from the original claim, i originally filed my defence online back in 2021.
They then must have withdrew it.

[echat11]

atm all igot other then the claim in 2021 was what i have posted from the court, cabots sent a plain letter saying they were applying to court to get my defence dismissed from the original claim, i originally filed my defence online back in 2021.
They then must have withdrew it.

O.K., can you upload your Defence removing all personal details.

I still can't see them being able to strike it out.

[mrmonkey]

Hi sorry for getting back so late ill upload all i have recieved in the next day redacted when im able i work nights so this is getting frustrating.
I rang court as advised here above they couldnt see anything oter then the order etc but could give me no information as a judge was waiting to look at it.
I have since recieved Cabots court claim and a hearing date regarding the debt. They have a copied statment of account areconstituted credit agreement etc the proof of default is fashionworlds computer print out stating 3 default notices and 3 transfer of sales of my debt they have chosen to use the latter as this is within 6 years of debt being statute barred?


i will upload everything asap.

[mrmonkey]

echat11 Hi I thank you for your patience and assistance in this,

I will upload all the claim and evidence they are presenting.

I do not think i ever submitted a defence i think there quoting the original letter requesting to see my cpr request.

Would I be able to get a copy if I did file a defence at the court, from the court.
I have not got a copy of my defense stored which makes me believe i did not file a defence as it was stayed by the solicitor on behalf of cabot as per the original letters i posted above.

They state the template shows a default letter being shown it actually shows 3 x default and 3 times transfer of ownership, wouldnt there only be one?

they state that they tried to get intouch with me by letter in november 2023, this actually says sent by email i have never recieved this email either in my email or junk folder

[mrmonkey]

[mrmonkey]

[mrmonkey]

[mrmonkey]

[echat11]

It's not going to be statute barred.

In post 9, point 14 it states that you did send a Defence.**

Mortimer Clarke Solicitors asked you to contact them, but you didn't. They say they provided evidence.

Post 9 last imagine agreement, no date, no APR, no Credit Limit etc (I can't read it clearly - double check)

post 10 There is no address for Cabot (europe) or Cabot (uk) in the letter of assignment.

You sent CPR 31.14

You sent a CCA Request.

No actual copy of Default Notice.

**Contact the Court to find out if they have a copy of your Defence, I don't think you filed a Defence, they just have your requests for documentation and that you intended to file a Defence.

When is the Hearing date?

[mrmonkey]

Ok I wasnt sure about the statute barred

I apparently did file a defence in december I am now trying to get hold of a copy, by emailing claimsresponse.

MC said they tried to contact me sending a letter on the 11 2023 with all the information contained that was requested which i have included above in post 11 last 2 images, which is there copy submitted to the court.
This was not posted and says on the letter sent by email. I have never recieved the email, also i would have ticked only communication by letter on the mcol website when originally stating my intention to defend.

Theres a few brief letters they have included in the court claim which I did not see as important regarding statement etc they have sent in the past i will upload them also.
I was on long term incapacity benefit up until 20 months ago for over 10 years taking anti psychotic medication along with anti anxiety and depression medication i then decided to try meditation and other things to enable me to try and live my life with out medication which i slowly reduced till i was taking no more and having more interaction with my family that was at breaking point due to my volatile moods, so i did not always have the capacity to engage let alone read any communication form themselves.

I will repost here when ive had chance to scan all court claim.

I apologize for the images above quality was not the best.

The credit limit is mentioned as 400 and it gives apr in different locations etc, no date.

yes just cabot uk cabot europe no address, does this matter?

Thank you for your assistance and time.

[echat11]

There is no point posting the Claim Form, it's finding errors / reasons why the Judgement shouldn't be granted.

Has the credit limit changed?

Has the APR changed, increased?

Yes the following is important - ' yes just cabot uk cabot europe no address, does this matter'.

The following might be important - 'MC said they tried to contact me sending a letter on the 11 2023 with all the information contained that was requested which i have included above in post 11 last 2 images, which is there copy submitted to the court.
This was not posted and says on the letter sent by email. I have never recieved the email, also i would have ticked only communication by letter on the mcol website when originally stating my intention to defend.'

Yes contact the Court - 'apparently did file a defence in december I am now trying to get hold of a copy, by emailing claimsresponse.'

They say they sent a Default Notice, did you receive it?