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

[Amethyst]

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

You should put your defence in a couple days before the deadline. Your claim is dated 17 Oct ? so yes with the extension 17th Dec is about right. So aim to get defence in about 14/15th Dec.

Example defence for not a lot of documents is - http://www.legalbeagles.info/forums/...t-Court-Claims

[Kafka]

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

The normal practice is to wait until a week or so before your defence deadline to see what they send. If you've had no response at all, then email the solicitors to point this out and ask if they need more time to comply. Sometimes they will refuse an extension even though they haven't complied, but often they will agree to an extension, which can be up to 28 days. If they agree an extension then you must inform the court with a copy of their email agreeing this. If you know that they won't grant the extension, then we need to draft a defence on what we have, and that will include all the details of the non compliance.

[bridbay72]

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

is the defence submission by Email or Snail mail ?

[FlamingParrot]

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

is the defence submission by Email or Snail mail ?

Either, taking the time element into account. You can either return the N9B included in your claim pack or log in and submit your defence online.

[stillnothavingfun]

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 ?

Hi

Did they not send you a letter before claim? and if so did you respond to it ?.

Cheers

SNHF

[bridbay72]

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

Well Folks here I was doing my defence paperwork and postman pops a letter from Cabot through my door , which says (edited ) ..................
Cabot cannot trace any paperwork but will continue to try ......
Your Credit agreement is Currently unenforceable blah blah etc ......
We cannot obtain a Judgement or Decree against you.....
You are still obliged to repay .......

Comments and advice ?
Is this still going to court ? Do I still have to submit my defence ?
Regards

[FlamingParrot]

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

Well Folks here I was doing my defence paperwork and postman pops a letter from Cabot through my door , which says (edited ) ..................
Cabot cannot trace any paperwork but will continue to try ......
Your Credit agreement is Currently unenforceable blah blah etc ......
We cannot obtain a Judgement or Decree against you.....
You are still obliged to repay .......

Comments and advice ?
Is this still going to court ? Do I still have to submit my defence ?

Did you submit your defence?

The letter sounds like a templated response to your CCA request which they would send to anyone, including those who haven't been taken to court. It is not a notice of discontinuance, you can't assume that means they will not continue with the claim. Others have made that assumption when receiving similar letters and ended up with default judgment against them. :scared:

I'd be tempted to contact Mortimer Clarke with that letter, asking them to discontinue the claim given their client admits they cannot get a CCJ against you, what would be the point of going to court?

[bridbay72]

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

Hi Folks question time again ...........
I have been looking through the various court scenarios regarding a Defence submission to court sections and am a bit unsure on which route to go down ? if I have had no paperwork from the claimants/solicitors should I go the " Non Compliance " route or should I go the "Statue Barred" route ? looking to submit by 12/13th December with the last date for submission at 17th !
Regards

[FlamingParrot]

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

Hi Folks question time again ...........
I have been looking through the various court scenarios regarding a Defence submission to court sections and am a bit unsure on which route to go down ? if I have had no paperwork from the claimants/solicitors should I go the " Non Compliance " route or should I go the "Statue Barred" route ? looking to submit by 12/13th December with the last date for submission at 17th !
Regards

Have you tried contacting Mortimer Clarke as suggested above? If their own client is saying (in writing) that this is unenforceable, why should they continue with the claim?

That would be my first port of call. The documents you have requested are not likely to shed much light on when the last payment was made. You could also tell Mortimer Clarke that, apart from their own client admitting this is unenforceable due to lack of paperwork, it is also statute barred. They onus would be on them to prove it isn't, and without paperwork, how could they? :noidea:

[bridbay72]

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

I had followed the advice about contacting MC`s about Cabot's letter , email sent on Friday 5th , awaiting response if any from MC.
The above questions were dependant on a answer from MC`s to the query thought a cut off date of the 12th then if no reply from either then in go`s the defence paper !
Regards

[FlamingParrot]

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

I had followed the advice about contacting MC`s about Cabot's letter , email sent on Friday 5th , awaiting response if any from MC.
The above questions were dependant on a answer from MC`s to the query thought a cut off date of the 12th then if no reply from either then in go`s the defence paper !
Regards

Do chase them up, it's worth trying to get them to discontinue at this stage rather than moving forward with a defence. I would tell them they are wasting their valuable time moving forward with a claim their own client admits to being unenforceable. mashappy:

[bridbay72]

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

Hi All Still no response from Mortimer Clarke`s or Cabot on the withdrawal !
Will wait till the postie has been today and then , if no answers , will complete the defence submission to go on Monday by email to the court , sound OK ?
Still not sure on which way yo go but leaning towards the "unenforceable" route especially with Cabot`s admission on this point .
Regards

[bridbay72]

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

Update: Sent in my defence notice to the court along the Non Compliance line for the 17th December court date as per advice from members on here ...........
Letter from court this morning stating that the defence statement had been received and that Cabots/Mortimer Clarke have been issued with a 28 day response notice to my defence paper , if no reply after 28 days the claim will be stayed with a application from the claimant will be to apply to a judge for an order lifting the stay .

Thoughts ?
Oh , and a Merry Christmas & a Happy New Year

[Amethyst]

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

All you can do now is wait for at least the 28 days and see if you get a response from the Claimants. If not we could write to the court asking them to strike it out.

So I reckon you can just relax over the holidays and put it to the back of your mind for a while xxx

Happy Christmas :reindeer:

Sharon xx

[bridbay72]

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

Hi All Hope you all had a good Xmas & a Happy New Years eve We Did !
Back to reality........ as my defence went in and a 28 day producer was sent to Cabots will the 28 days include the xmas/NYE breaks or just treated as normal days ? ie: 28 days from the 21st December ?
Regardsr