Cabot Financial v d0nnyoz - 17 June 2014

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Thanks @Amethyst. I was beginning to think I had been deserted!

In terms of emailing the court, is the email address on the court documents? (I've looked and cannot see any email address to use)
Also, will you help me with a defence? I was thinking I could ask the court to strike this out through non-compliance??
Or do I just file a defence?

[Amethyst]

Re: Cabot Financial v d0nnyoz - 17 June 2014

email is ccbcdefendants@hmcts.gsi.gov.uk

Yes we'll give you a hand with your defence.... we can ask to strike for non compliance, but usually the court will order they supply documents else strike out or stay the claim.

[Amethyst]

Re: Cabot Financial v d0nnyoz - 17 June 2014

If you feel deserted again, just send me (or whoever you like ) a pm to nudge them to check your thread xx

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

I'm just wondering when my defence will need to be submitted.
My court papers are dated 17th June 2014. So I add 5 days (22nd June) and then my 28 days (20th July - which is a Sunday) so I'll need to prepare my defence starting early next week really.

In terms of writing to court stating the agreement of both parties to the extension, are there any special words or phrases I need to write, or simply to state all parties agree to the extension?

[Amethyst]

Re: Cabot Financial v d0nnyoz - 17 June 2014

I'm just wondering when my defence will need to be submitted.
My court papers are dated 17th June 2014. So I add 5 days (22nd June) and then my 28 days (20th July - which is a Sunday) so I'll need to prepare my defence starting early next week really.

In terms of writing to court stating the agreement of both parties to the extension, are there any special words or phrases I need to write, or simply to state all parties agree to the extension?

You have agreement for an extension - so add another 28 days before you'll need to file the defence. And give the court that date when you email them )



CLAIMANT v D0nnoyz CASE NO: XXXXXX
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 18th August 2014.

Kind regards

D0nnyoz

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Oh fantastic.
Thanks Amethyst

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Christ!!!
I forgot all about this - I suppose that's the problem with having a long extension!!!
What should I do now?
Do I still need to file a defence?

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Hi
I've been a bit slack with chasing this up but I feel I need to put this issue to bed now so need some advice on what my next steps are.
I have had a large envelope delivered with what seems like a credit agreement from the solicitors. I think this is the usual copy made with my name and address on it - its not signed. One important point to note here is that the agreement was taken out over 7 years ago when I live at a different address, but the agreement they have sent me has my current address on it. So the agreement is not the one I signed as it would have my old address on it. Is this a valid point?

Secondly, I have had a separate letter from the solicitors offering a reduced settled figure of about 50% of the debt.
I haven't responded to that yet. Need some advice on that.

Lastly, I still feel the County Court action against me is waiting in the wings. I replied to the request about delaying the proceedings through my CCA request and a new agreed date was given, but nothing has happened since. I feel I should write to the court asking them to strike this off or something along those lines as I fear the solicitors in this case could at some point just request a judgement without my knowledge. Or can't they do that?

Any help and advice would be very welcome.
Thanks.

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Hi
Any chance of some advice on my situation?
I've not posted twice about trying to get some updates with no response and I'm now getting slightly worried about the next steps the solicitors on this case might take, given my non-action.

Thanks, in anticipation.

[Amethyst]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Hiya, Sorry to have missed your previous posts d0nnyoz, always fine to pm me or others if you don't get responses from your posts.

I have had a large envelope delivered with what seems like a credit agreement from the solicitors. I think this is the usual copy made with my name and address on it - its not signed. One important point to note here is that the agreement was taken out over 7 years ago when I live at a different address, but the agreement they have sent me has my current address on it. So the agreement is not the one I signed as it would have my old address on it. Is this a valid point?

Yes that is a valid point, the agreement should be as it was at inception and them not having your original address details raises doubt as to whether the agreement is the actual agreement terms you agreed to.

If you can photograph/redact and upload it it might help see if the rest of the agreement is okay or if you just have the address issue.

Basically - if the agreement only has minor, fixable, defects then its a good idea to use them to negotiate settlement / F&F or monthly with the claimant.

So the case is still on hold with the courts ? If you haven't entered a defence yet then yes the claimants could ask for default judgment so need to see the documents and decide whether you want to defend or negotiate.

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Thanks for the reply. Such a relief!
Personally, I don't want to negotiate this claim or even defend it.
I know that might seem odd for someone that has a debt and that the debt should be serviced, but I am hoping, like many others on this forum, I can find something wrong with the process then I want to scrub the debt on that technicality. I'm sure it has happened many, many times and I feel these guys (solicitors and DCA) are rather chancing this debt.

I know you have asked for a scan of the agreement, but it is several pages long - I mean maybe about 10. Do I scan the lot?
Also, should I respond to the solicitors in the interim asking for more time or putting it on hold or something whilst I get some formal response sorted out?
And what about the court? Can I ask for this to be struck off or something similar? I don't want the solicitors going for a default judgement in my absence. Would the court be obliged to involve me if the solicitors asked for that?

Thanks again ...

[MIKE770]

Re: Cabot Financial v d0nnyoz - 17 June 2014

scan the consumer credit agreement only which has your siggy or not

[Amethyst]

Re: Cabot Financial v d0nnyoz - 17 June 2014

Just the front page would be fine for the moment.

You will need to defend if you don't want to negotiate, if you do nothing then they could apply for default judgment and that's be a pain in the bottom as you'd then have to apply to set it aside and defend.

Maybe, as it has been a while now, give northampton court a call, and check with them what the current status on the case is.

[d0nnyoz]

Re: Cabot Financial v d0nnyoz - 17 June 2014

OK, I will scan the front page and the signature page - there is no signature on it BTW.
And yes, I will give the court a call.