Fighting Cabot - what to do next? No letters or NoA ever received previously

[cupcake1973]

Hi,

I have received a court claim notice from Cabot via Northants County Court in my old name for something an old address I once lived at. I have applied for the 28 days extension and sent CPR 31.14 request to their solicitors Mortimer Clarke. They have responded and asked for proof of my name change (got married) - but why? What relevance is this to them?

Moreover, I sent a CCA Request to Cabot. They responded to say they are requesting from the original lender (now over a week ago and nothing since). My letter also asked for true copy of Deed of Assignment. They said it's confidential, but claim they did sent Notice of Assignment to me in September 2011. I never received anything from them - not even any letters about about any such debt.

I'm disputing their court claim. But I don't know what steps to take next. What do I send back to Cabot to say that I never received any previous letters or any Notice of Assignment?

Running out of time, please help

Please help as I need to send something back in order to build my defence against this claim

Thanks

[FlamingParrot]

Re: Fighting Cabot - what to do next? No letters or NoA ever received previously

Welcome to LB

Presumably you acknowledged the claim online, what was the date on the claim? You have a total of 33 days (28 + 5 allowed for service) to submit a defence, however, if Mortimer Clarke fail to respond to your CPR request in 7 days, you can ask them to agree to an extension of up to 28 days as allowed by CPR 15.5 :thumb:

If they refuse, you have the option to either do an unless order or submit a defence based on not having the documents/info.

Deeds of assignment are not normally supplied, since debts are sold in job lots rather than individually, and they refer to a transaction between parties that do not involve you as a debtor.

With regards to the CCA request, they have 14 days to respond but you shouldn't chase that one, since non-compliance can be used in your defence.

May I ask how much are they claiming?

[cupcake1973]

Re: Fighting Cabot - what to do next? No letters or NoA ever received previously

The issue date was 27/06/14 and I acknowledged online on 1st July.

Mortimer Clarke Solicitors responded in a letter which said that Cabot agree to 28 days extension to file my defence. Their letter says "Pursuant to CPR 15.5(2) please notify the court in writing of the agreement" - does that mean I have to inform the court I have an extra 28 days agreed? They also said they are taking instruction on my document request, but I have since had nothing else.

Cabot said that they sent me a Notice of Assignment in 2011, but I never received anything. I never even received any letters in the years leading up to the court claim about any debt or that it would result in a court claim.

They are claiming £404.83 + Court fee £35 + Solicitors £50 = TOTAL £489.83

I haven't chased CCA but I don't know how to respond to Cabot claiming they send the Notice of Assignment, which I never received.

Thanks

[FlamingParrot]

Re: Fighting Cabot - what to do next? No letters or NoA ever received previously

The issue date was 27/06/14 and I acknowledged online on 1st July.

That would give you till July 30th to submit a defence.

Mortimer Clarke Solicitors responded in a letter which said that Cabot agree to 28 days extension to file my defence. Their letter says "Pursuant to CPR 15.5(2) please notify the court in writing of the agreement" - does that mean I have to inform the court I have an extra 28 days agreed? They also said they are taking instruction on my document request, but I have since had nothing else.

Yes, you have to notify the court of the agreement so they can't request default judgment against you when the original 33 days expire. :scared:

These 28 days are ON TOP of the original 28 + 5 days. :thumb:

Cabot said that they sent me a Notice of Assignment in 2011, but I never received anything. I never even received any letters in the years leading up to the court claim about any debt or that it would result in a court claim.

They are claiming £404.83 + Court fee £35 + Solicitors £50 = TOTAL £489.83

I haven't chased CCA but I don't know how to respond to Cabot claiming they send the Notice of Assignment, which I never received.

Presumably you requested it in your CPR 31.14 letter. Even if they had sent it when they bought the account, if they are suing you, they should be able to show they have the right to do so. If they don't supply it, you may be able to use that in your defence but we still have over a month with the extension.

[cupcake1973]

Re: Fighting Cabot - what to do next? No letters or NoA ever received previously

So if I don't notify the court of the extension and they don't supply the relevant documents then I can file a defence in the original 33 days and judgement will be made on 30th?

Also, they have issued the claim in my previous name. I have been married for 2 years and changed my name 2 years ago. Have been living at the same address for 4 years now.

Does the claim being in the wrong name have any relevance/bearing?

[FlamingParrot]

Re: Fighting Cabot - what to do next? No letters or NoA ever received previously

So if I don't notify the court of the extension and they don't supply the relevant documents then I can file a defence in the original 33 days and judgement will be made on 30th?

You want to AVOID judgment because that would mean a CCJ against you! :scared:

The extension is meant to work to your advantage, not theirs, and since you requested it and they've agreed, you should notify the court. That should give you more time to put together a well thought-out defence. Do bear in mind they can produce the documents at any time, right up to the trial.

[cupcake1973]

Re: Fighting Cabot - what to do next? No letters or NoA ever received previously

Ok thanks, just wondered if giving them less time to produce any documents would work for me, and then I could file a defence to deny the claim and that they have been unable to provide suitable 'proof' that it's mine within the time frame (to put it in basic terms)

[FlamingParrot]

Re: Fighting Cabot - what to do next? No letters or NoA ever received previously

Ok thanks, just wondered if giving them less time to produce any documents would work for me, and then I could file a defence to deny the claim and that they have been unable to provide suitable 'proof' that it's mine within the time frame (to put it in basic terms)

It's always good to get as much info as you can before writing a defence. The time element may not work as you think because failure to comply only renders the account temporarily unenforceable, for as long as the failure persists. Once you submit a defence, they have 28 days to decide whether they wish to proceed. If they do not respond in 28 days, the case would be stayed, but they could apply to lift the stay if, say, they found the documents. If they decide to proceed, they would still have time to produce the documents. It's a long process. :clock: :clock: