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Cabot - Looking for Summary Judgement

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  • Cabot - Looking for Summary Judgement

    Hi All

    Cabot issued a single claim 12 months ago for two credit card debts. I supplied a standard "statute barred" defence and the claim was stayed.

    I heard nothing for 12 months.

    Now, they are going for Summary Judgement on the basis that my defence of "statute barred" is invalid.

    I have looked through their evidence bundle and note the following:

    1)There is a signed credit agreement for one card, but not the other.
    2)They have produced aged statements for both cards showing a last payment made on both cards around 4.5 years from when the claim was originally issued last year.
    3)The statements are copies, with no heading or logos.

    I would like to ask if anyone of you see a path to winning this. I am happy to provide more information as required.

    Please advise....
    Tags: None

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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.




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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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