Cabot Financial - Court Claim

[littlemeg]

Hi everyone,

I would appreciate if anyone could help me as I am in dire straits.

This morning I have received a Claim Form in a brown envelope from County Court Business Centre, Northampton, with the claimant being Cabot Financial. The "handler" is Mortimer Clarke Solicitors.

I went onto moneyclaim.gov.uk and the claim comes up so I assume it is genuine(?).

The claim is for £8600, for a motor loan in 2003. The car was repossessed in 2004 though in acrimonious circumstances, I didn't get a receipt, the car was scraped on the way off the property by the recovery agent (to which he just laughed), and the police were called during the confrontation. In the end I was threatened with arrest if I didn't give him the keys to the car, even though he offered me nothing. No receipt, no ID, nothing. I figured the car would be auctioned and I'd be ripped off. It was a day I don't like recalling. My memory after this is a bit hazy but basically I moved house not long after this and I just ignored them.

Anyway, fast forward ten years, I am living elsewhere, I got married, had children, and figured it must be statute barred by now. However I have just found a payment letter from December 2008, so I'm guessing it's 3 months or so from being statute barred. From what I can vaguely remember Dec 08 was the last payment, and paid because I was in some sort of Debt Management Plan. I don't remember making any payments after that, as I stopped said plan after that. On the Claim Form it says in the particulars that the claimant was assigned the agreement in Sep 08.

So I guess I am asking, do I have a leg to stand on? What can I do? I know I should acknowledge the claim form and plan to do this today... but really? 12 weeks before statute barred they are filing against me?

Can I drag this out long enough to become statute barred or does them filing the claim pause the statute barred or something?

Can I/should I defend the way the car was taken from me? Or is that not an acceptable defence?

Can I/should I expect that Cabot won't have the required documents in order to win a judgement against me? Do I have to ask them for a CCA or something? What else do they need to beat me in court?

What else can I do to mount a decent defence?

Or should I try to settle out of court, or will they likely just demand whole or an unaffordable payment?

If it goes to court how likely is it that they will decide against me, and if they do what will they expect me to pay? I am the only income in my household. I have two young children (<3yrs) and am also 4 months pregnant with my third child so to say this is stressing me out is putting it mildly. I simply cannot afford to pay anything.

I'm really feeling a little desperate right now so any help that can be provided will be greatly appreciated.

Thanks

Meg

[FlamingParrot]

Re: Cabot Financial - Court Claim

Hi and welcome

This morning I have received a Claim Form in a brown envelope from County Court Business Centre, Northampton, with the claimant being Cabot Financial. The "handler" is Mortimer Clarke Solicitors.

I went onto moneyclaim.gov.uk and the claim comes up so I assume it is genuine(?).

Yes, it would be genuine.

Anyway, fast forward ten years, I am living elsewhere, I got married, had children, and figured it must be statute barred by now. However I have just found a payment letter from December 2008, so I'm guessing it's 3 months or so from being statute barred. From what I can vaguely remember Dec 08 was the last payment, and paid because I was in some sort of Debt Management Plan. I don't remember making any payments after that, as I stopped said plan after that. On the Claim Form it says in the particulars that the claimant was assigned the agreement in Sep 08.

So I guess I am asking, do I have a leg to stand on? What can I do? I know I should acknowledge the claim form and plan to do this today... but really? 12 weeks before statute barred they are filing against me?

Issuing proceedings just before a debt goes SBd is not uncommon, I guess we'd all want to do the same in the circumstances.

Can I drag this out long enough to become statute barred or does them filing the claim pause the statute barred or something?

Sadly the fact they've issued proceedings will have stopped the clock.

[FlamingParrot]

Re: Cabot Financial - Court Claim

Or should I try to settle out of court, or will they likely just demand whole or an unaffordable payment?

Take a look at this thread regarding what to do on receipt of a claim: http://www.legalbeagles.info/forums/...it-Court-Claim

You should acknowledge service and tick the box saying you intend to defend in full. Once you follow the process, if it looks like you may not succeed, you can always negotiate with them.

If it goes to court how likely is it that they will decide against me, and if they do what will they expect me to pay? I am the only income in my household. I have two young children (<3yrs) and am also 4 months pregnant with my third child so to say this is stressing me out is putting it mildly. I simply cannot afford to pay anything.

I'm really feeling a little desperate right now so any help that can be provided will be greatly appreciated.

They will expect you to pay the full amount but you can make a monthly offer you can afford in the long term, backed with an income and expenditure statement. Some people pay just £1/month if that's all they can afford.

Are you a home owner? Is a CCJ likely to affect your job or business activities?

[Kafka]

Re: Cabot Financial - Court Claim

Do you have a copy of the original agreement?

Did you receive a default notice?

Did you receive a Notice of Assignment?

Do you have a lot of charges added on to this account?

Did you get a valid Letter Before Action?

[littlemeg]

Re: Cabot Financial - Court Claim

Thanks for the replies, and the welcome

"Are you a home owner? Is a CCJ likely to affect your job or business activities?"

No, I rent privately at the moment, in a place that is too small. I am looking to move to somewhere bigger. I'm guessing a CCJ is not going to help but I don't really know what I can do?

"Do you have a copy of the original agreement?"

No.

"Did you receive a default notice?"

Maybe. I honestly don't know. All I remember is that they turned up and took the car. Someone sat outside my house waiting for me to come home.

"Did you receive a Notice of Assignment?"

Sorry I don't know.

"Do you have a lot of charges added on to this account?"

Well it has £500 ish added on in solicitors and court costs to make the full amount 8600. The original car was a 3 door that was, I'm assuming, auctioned. My guess is as good as anyones as to how it's 8600 as I don't have any copy of the agreement.

"Did you get a valid Letter Before Action?"

Again I don't know. Sorry. We are talking about ten years or so ago and it was a stressful time so I am not sure.All these letters that I'm being asked about, will they be required to provide this in order to win judgement against me, and are they likely to be able to provide them?Thanks

Meg

[Kafka]

Re: Cabot Financial - Court Claim

Who was the original lender - I don't think you've said?

[Kafka]

Re: Cabot Financial - Court Claim

Follow the steps in the link in post #3

Approach this as if you will fight the whole claim, acknowledge service and send off CCA and CPR letters. They should produce much of the documentation, or else reveal that they can't provide it.

[littlemeg]

Re: Cabot Financial - Court Claim

I cannot remember the original lender either (I know I'm useless ). I know the car was from DC Cook Direct, but the finance people that are on their site today do not seem familiar to me from 10 years ago.

[littlemeg]

Re: Cabot Financial - Court Claim

Ok so I'm looking at sending off the CCA request as stated in the other post, except that I cannot find an agreement number anywhere on the claim form? Is it likely to be the number under the claimants name? Or is that just a reference number? Can I leave the agreement number out on the CCA request?

[Kafka]

Re: Cabot Financial - Court Claim

Send CCA request to Cabot and state number unknown but refer to their correspondence, which you could attach as a photocopy, so they can't say they don't know what your request refers to.

[Kafka]

Re: Cabot Financial - Court Claim

I cannot remember the original lender either (I know I'm useless ). I know the car was from DC Cook Direct, but the finance people that are on their site today do not seem familiar to me from 10 years ago.

The CCA request to Cabot requires them to provide a valid copy of the agreement as proof of title and right to sue for the account, so in a sense it doesn't matter as they must provide it whoever the original creditor was.

Could it have been Welcome Finance?

[littlemeg]

Re: Cabot Financial - Court Claim

Welcome Finance sounds familiar, or it could have been On:line Finance.

[littlemeg]

Re: Cabot Financial - Court Claim

The CCA request to Cabot requires them to provide a valid copy of the agreement as proof of title and right to sue for the account, so in a sense it doesn't matter as they must provide it whoever the original creditor was.

Ok just preparing CCA and CPR forms. I understand I should send a £1 postal order with the CCA, but the CPR letter also suggests I should cover reasonable costs. Should I be attaching a postal order with this letter as well, if so how much?
Thank you for all your help so far.

[Kafka]

Re: Cabot Financial - Court Claim

The CPR request entitles the recipient to ask you to cover their reasonable costs for things like photocopying and postage. That's for them to ask you for and I can't recall that actually happening. There's no need to send money upfront.

[littlemeg]

Re: Cabot Financial - Court Claim

Ah right ok thanks. And I did actually see on the claim form that the original lender is On Line Finance.

There is also this line on the claim form:

"The claimant has complied with sections 3 and 4 of Practice Direction - Pre Action Conduct. The claimant therefore claims amount due and unpaid".

Is this just standard waffle or is it a reason for me to be worried?

Also, as On Line Finance repossessed the car (note I am assuming this), since I never got a receipt or any proof of ID can I defend my case on these grounds? The car was also damaged when it was taken. I was told on the day I didn't need a receipt and was never sent one in the post either. They just told me somehow I still owed them 8600 pounds and sold it to Cabot. That to me does not seem right.

I plan to send the CCA and CPR forms on Monday via special delivery, including a £1 PO in the CCA. I will also acknowledge the claim online to get the 28 days.

Is this everything I can do? What if they provide all the documents I ask of them?

Conversely, what if they just refuse my request for the documents and still take me to court? Might they just ignore me until court date then surprise me in court?

I mentioned the car repossession etc as I wanted some form of defence in the event that they either refuse to give me docs or surprise me with something.

Sorry for all the questions; naturally I am not experienced at this.