Court Claim - Cabot Financial / Halifax - 17-10-2014

[bridbay72]

Received a claim? Yes
Issue Date: 17-10-2014
Amount approx: 2100
Claimant: Cabot Financial
Solicitor: Mortimer Clarke
Original Credit: Halifax

Particulars of Claim:
By an agreement between Halifax ("HLX") & the Defendant on or around 07/08/2000 ("the agreement") HLX agreed to issue a credit card upon the terms & conditions set out therein, in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated . The Agreement was assigned to the Claimant on 29/09/2005

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:

[Amethyst]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request
]

Perfect xx Welcome to LB xx

Do you have any specific issues with the debt ? Have you had previous contact with / made payment to , Cabot or Mortimer Clarke since they took over the debt in 2005 ?

[bridbay72]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

This is such a relief to talk to someone who knows what they are talking about
I have had no dealings with Cabot Financial since we sent a "prove it" letter in response to a mail communication many years ago , well over the SOL , NO Response at that time ! maybe we will get one this time ?

So what happens now folks ?

[Amethyst]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Well now we wait..... and see if they send you any documents evidencing the debt.

If nothing then a week before your defence is due, you can email/call the claimants asking them to agree an extension of 28 days under CPR 15.5, to give them more time to produce the documents (which sounds odd but helps your case in the court later if they still come up with nothing and actually shortens the time it takes as the courts less likely to give them more time)

So you're statute barred (Cabot assigned it in 2005 and only contact you have had with them is a prove it letter?) and there is no CCA or assignment or default notice etc. Shouldn't be too difficult to see them off, but you have a while of thumb twiddling for the moment I'm afraid so you could be preparing your defence (there's example in the library and lots of examples on other peoples threads) and also have a read of some others threads to get an idea of the process and the paths it could take.

Anything you hear from court or claimants then post up here soon as you can and we'll be with you all the way through. Any questions just shout xx

Sharon
xx

[bridbay72]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Update: Have received a letter today from Mortimer Clarke acknowledging receipt of my letter to them , they state :

Thank you for your correspondence dated 22 October 2014.

We are taking our clients instructions in relation to your request and will come back to you as soon as we can .

We confirm our client is willing to agree to an extension of 28 days for you to file your defence . pursuant to CPR 15.5(2) please notify the court in writing of the agreement .

yours faithfully ......


What now friends ?

[Amethyst]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Excellent

Now you need to tell the court of the agreement to the extension. There's a bit of guidance http://www.legalbeagles.info/forums/...filing-defence

[bridbay72]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

thanks for the info about extension letter/email , one question ? what date is the extension now taken to ?
Regards

[Amethyst]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Put in your defence date and add 28 days xx

[bridbay72]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Sorry I have my "Thick " head on today !
Do I use the original claim issue date then add 28 days or is there a different date I should use ?

[Amethyst]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

S'ok I do the same, its ISsUE date plus 33 days to get DeFENCE date, then a FURTHER 28 days for the EXTENSION.

So issue date + 33 + 28 = extension date

[bridbay72]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Update:
Email sent to court for extension which now means the date is Wed. 17th December ( I think that's right ) using the Calendar supplied by yourselves


Letter received from Cabot Financial saying , basically , they do not have the requested form/s on file but have requested the relevant information under section 77and/or 78 of the Consumer Credit Act 1974 from Halifax .

They anticipate they will be able to provide this information within 40 days .


And Now ?
Regards

[Kafka]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

The 40 days is nonsense because that's the period for compliance with a SAR and that's nothing to do with this. I would be surprised if they can still access a valid agreement from 2000 and I suspect they know that. really not much you can do now except wait and see, but do keep an eye on dates and post up here any developments.

[bridbay72]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Thanks for reply
What should I be looking for in the way of datelines ?
What will Cabots next move be ?

[Kafka]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

Thanks for reply
What should I be looking for in the way of datelines ?
What will Cabots next move be ?

There's not much more you can do now but allow them the time to respond and cough up. Essentially one of 3 things will happen:

1) They will produce all the right documentation.
2) They will produce naff documentation.
3) They will fail to provide anything at all.

Whichever they do, you need to have an appropriate defence ready to file a few days before that new deadline. You should spend that time reading up on all the other threads and getting your ideas together for your own defence.

[bridbay72]

Re: Court Claim - Cabot Financial / Halifax - 17-10-2014

The silence is deafening from the other side

Quick question : what is the recommended length of time before the court date to submit a defence to the court ? and if no paperwork forthcoming do`s this affect the wording of the defence submission ?
Thanks