Received a court claim from Cabot financial

[Dunkins]

Hi there just wondrerd if anyone can help me, i received a court claim from Cabot financial represented by Mortimer Clarke, (stating particulars of claim) by an agreement between Vanquis and me on or around 04/12/2007 and goes on to say "The agreement was assigned to the claimant on 17/02/2010. so after reading many posts on here i followed Amethyst's advice and sent off my acknowledgment to the court ,
a CCA request to Cabot ,and Cpr request to Mortimer and Clarke solicitors . well i received a response from Cabot as follows

Dear Mr ---------

Thank you for your request for information under the consumer credit act 1974. However,
in order for us to process your request we require more information regading your account. To ensure the
correct documents are retrieved for the account you are referring to i would ask that you forward the
corresponding Cabot Reference pertaining to your account.

if you have any queries about your account please call one of our customer advisors.


So my question is as i have no account information should i send another CCA request or just a letter basically saying your the one's taking me to court and you dont know what for .
Any advice would be welcome.

[Johnboy007]

Re: Received a court claim from Cabot financial

Ask Amethyst, she will know what to do.......
Send her a personal message.

[Amethyst]

Re: Received a court claim from Cabot financial

Thanks Johnboy, and Durkin for your PM.

We had a couple of these letters a couple weeks ago and I'm sure we wrote a response to them, I'll see if I can dig it up.

[Amethyst]

Re: Received a court claim from Cabot financial

Here's how we replied to one of these letters ( http://www.legalbeagles.info/forums/...plz-help/page4 )

Dear Sirs
REFERENCE: CLAIM NUMBER XXXXXXXXXXXX, CABOT v FLICKY14

Thank you for your letter received today, 21/07/14, in which you claim that you are unable to locate the appropriate account in order to fulfil my formal request for a copy of the relevant agreement, made under section 78(1) Consumer Credit Act 1974.

I am surprised you are unable to find the details considering you have recently bought a county court action against me for this very account.

I suggest you communicate with your solicitors MORTIMER CLARKE who are acting on your behalf, as the claim form gives no further information that I am able to give to you.

For your reference the Statement of Case states:

"By an agreement between J d Williams ("JDW") & the Defendant dated 05/04/2007 ("the Agreement") JDW agreed to issue a credit account upon the terms & conditions set out therein. in breach of the Agreement the Defendant failed to make minimum payments Due & the Agreement was terminated. The Agreement was assigned to the claimant on 13/01/2012"

I trust this will aid your enquries.

I enclose a copy of my original request, and the statutory fee of £1.

I look forward to hearing from you in due course.

your faithfully
flicky

The letter to flicky was

dear xxxxxxxx
OUR RESPONSE TO YOUR CORRESPONDENCE

I refer to your letter received 14th july 2014
Unfortunately the information provided in your letter does not correspond with any of our records. We are therefore unable to locate the appropriate account.
Please provide further details such as a cabot reference number in order to enable us to locate your account.
We look forward to hearing from you in due course.
I trust I have set out our position clearly.

Customer care adviser.

[Dunkins]

Re: Received a court claim from Cabot financial

ok sent reply to Cabot and in the mean time received a letter from Mortimer Clarke basically saying there client is willing to agree to the 28 day extension and for
me to notify the court in writing of the agreement.
question is in my naivety can i call the court or do i have to write to them asking for a 28 extension?

[Amethyst]

Re: Received a court claim from Cabot financial

You can email them - it's at Northampton?? ccbcdefendants@hmcts.gsi.gov.uk - use claim reference, claimant v yourname as the subject and just say that both parties in this case have agreed to an extension to the date for filing a defence as allowed under cpr 15.5, and therefore the agreed defence filing date is XXXXXXXXXX.

ie. it's something you and the other side agree on and the court just make a note of it - which theoretically means if the claimant did try for default judgment regardless of the agreement the court should kick it back at them.

[Dunkins]

Re: Received a court claim from Cabot financial

as for the defence filing date, there letter is dated 19/08/14 should it be from this letter date or 28 days from the date they received my cpr request which was 08/08/14?

[Amethyst]

Re: Received a court claim from Cabot financial

The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

[Dunkins]

Re: Received a court claim from Cabot financial

So just to clarify my defence date is the 02/09/14 as date of service was on 31/7/14 which would this make my new defence date 30/09/14 ?