cabot financial and court claim plz help.

[flicky14]

Re: cabot financial and court claim plz help.

thanks amethyst ur a star , whats an allocation letter? can I still get a ccj after all this ?

[Amethyst]

Re: cabot financial and court claim plz help.

If they come up with all the documents and they are all compliant, and you can't get them to negotiate a Tomlin order (agreement to pay without a CCJ), then yes you COULD get a CCJ. Just keep us in the picture the whole way through and don't leave things till the last minute and we'll keep reassessing and help you to get the best possible outcome for you.


Allocation is basically the court saying which track it will be in (small claims track) and which court it will be at (YOUR local county court). IF it goes that far

[flicky14]

Re: cabot financial and court claim plz help.

ok thanks amethyst, just one more quick question if they cant come up with all the documents what happens then? or if they decide not to take it further (what would b their reason to not take it further).??

[Amethyst]

Re: cabot financial and court claim plz help.

ok thanks amethyst, just one more quick question if they cant come up with all the documents what happens then? or if they decide not to take it further (what would b their reason to not take it further).??

Not having the documents so being unable to enforce the agreement could make them withdraw the claim, or the court could order they produce documents or have the case struck out. Have a nosey about some other peeps threads for an idea of the next stages.

[flicky14]

Re: cabot financial and court claim plz help.

ok ill have alook at some other threads, thanks a lot for all your help, ill keep you posted.:_tighthug__by_darkm

[flicky14]

Re: cabot financial and court claim plz help.

Hi received a letter today from Mortimer Clark.


Dear madam,
thank you for your letters dated 21/07/2014 and23/07/2014.
we have received confirmation from the county court business centre (Ccbc) as to the error made in relation to your defence.
we ENCLOSE copies of the letters received from Ccbc to which we were referring to in our letter dated 21/07/2014. THERE WAS NOTHING ELSE ENCLOSED .
You advised in your letter dated 23/07/2014 that you would shortly be filling your defence. We currently await receipt.
we are taking instructions from our client and will come back to you as soon as we can. We confirm that your account will be placed on hold in the meantime.

Yours faithfully
mortimer clarke.




Is this anything to worry about ,what do I do with it, should I reply or send a copy to the court?

[flicky14]

Re: cabot financial and court claim plz help.

Amethyst what should I do with it?? , any ideas anyone.

[Amethyst]

Re: cabot financial and court claim plz help.

You could give them a ring or email saying thanks for letter, unfortunately you appear to have forgotten to enclose letters.

Otherwise nothing required, just file it away, it's good news it means they aren't arguing over the defence status xxx

[flicky14]

Re: cabot financial and court claim plz help.

Ok thanks hun. Will file it away with the rest lol. Xx

[flicky14]

Re: cabot financial and court claim plz help.

hi guys sorry I haven't been on for a while but was just waiting to see if anything arrived in the post.......... but as yet had nothing. I phoned the court today and they said that as of the 3rd of sept my claim is stayed as they haven't heard anything from cabot. not sure if this is good or bad can anyone help ?? thanks xx

[Amethyst]

Re: cabot financial and court claim plz help.

Its good, but you now need to think about whether you want to apply to lift the stay and strike out their claim or just leave it stayed in court (I think they are stayed for 6 months) The claimant can apply to lift the stay if they happen to come up with the documents.

[flicky14]

Re: cabot financial and court claim plz help.

hi amethyst what happens after the 6 months of the stay? and what do I do to strike out their claim what does it all mean ? sorry being think x

[Amethyst]

Re: cabot financial and court claim plz help.

I believe it gets struck out after 6 months, but can't actually find the CPR so it could be stayed indefinately.

If you apply to lift the stay and have the claim struck out for lack of information it will cost you the application fee of £50 and could either chivvy the claimant up to find the documents and proceed with the case, or the judge will strike out the claim, it's a little 50/50, so its really whether you'd rather deal with it now and get it over and done with, or are quite happy to let sleeping dogs lie.