Cabot Financial - County Court a Business Centre Claim Form Received

**bigontv123** · 12th December 2014, 02:11:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

You need to acknowledge the claim (defend the claim) and you need to find out from the claimant if they are entitled to claim against you by examining the documents (send them a request for the documents) that they have.

The first step is to read through this post and follow the steps….

"They are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment."

http://www.legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim

if you need a good luck story read mine!
http://www.legalbeagles.info/forums/showthread.php?49808-**-DISCONTINUED-**-Lowell-Portfolio-I-LTD-Bryan-Carter-Solicitors-LLP-v-Bigontv123

Good luck!

**bigontv123** · 12th December 2014, 02:50:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

oh yeah... one other thing... if over 6 years with out payment and acknowledgment = statutory barred = they cant touch you!

**FlamingParrot** · 12th December 2014, 07:57:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Originally posted by Crisis View Post

i came home today to a claim form from Cabot Financial Ltd.

The particulars of the claim says
the claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and lloyds bank - Credit card
dated on or about Jun 22nd 2007 and assigned to the claimant on Jul 18 2014
the sum of £3639

particulars...shows account no

this if the first letter I've seen from these people, I had a credit card years ago and also banked with lloyds but I have no recollection of oweing this money or having any outstanding debt until now?

I was even wondering if this letter was the real deal until I searched on the Internet.

im really concerned, can someone please advice me what to do? Everywhere you look on the Internet states do not acknowledge to debt, some even say don't make contact but I'm not comfortable ignoring it as the last thing I want is a CCJ if that's what this is?

It is a court claim and SHOULD NOT BE IGNORED because if you do ignore it, you WILL end up with a CCJ. :scared:

If a claim is not acknowledged within 14 days the claimant can request default judgment, and they can do so even if the debt is not yours or it's statute barred, because it's an automated process, all done online. :incourt:

You need to defend the claim to avoid judgment. With regards to acknowledging the debt, once a claim has been issued, the clock will be reset, however, if the debt was already statute barred at the time the claim was issued, then nothing can un-bar it.

Once you acknowledge and tick the box saying you intend to defend the whole claim, you get a further 14 days to submit a defence, a total of 33 days from date on claim form (14+14+ 5 allowed for service). :clock:

If the debt was assigned (sold) in July 2008, presumably you stopped paying (defaulted) before that time. If you never made any payments or acknowledged the debt in writing, it should be SBd. :clap2: :clap2: :clap2:

**FlamingParrot** · 12th December 2014, 07:59:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Originally posted by Crisis View Post

Anyone Help please

3 attachments
response pack
Admission
defence and counterclaim

completely lost and no idea what to do

Don't panic! Below are the steps to take upon receipt of a claim. :thumb:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

You should be able to acknowledge online, so you probably won't need to use the response pack.

**FlamingParrot** · 12th December 2014, 08:04:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Originally posted by bigontv123 View Post

oh yeah... one other thing... if over 6 years with out payment and acknowledgment = statutory barred = they cant touch you!

Statute barred is an absolute defence, however, you still have to go through the process of acknowledgment and defend the claim.

It's a common misconception that somehow the courts will know when a debt is SBd and reject the claim, this isn't the case, there's no database of SBd debts, claim still needs to be defended. :thumb:

**Crisis** · 12th December 2014, 08:14:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Originally posted by bigontv123 View Post

oh yeah... one other thing... if over 6 years with out payment and acknowledgment = statutory barred = they cant touch you!

Thanks for the reply I've just read your story. Well done you!

Right I assume I complete the defence part and send a CCA request to Cabot?

ive registered on noodle this morning to check my credit report, this is now on my file now.?? also what is confusing me more is it claims I made a lump payment in 2009! Now I know that would of been impossible as I was unemployed at that time as I was made redundant. I've read about Statue Barred last night. Now if that payment wasn't logged in 2009, this debt, even if it did exist, is just over 6 years old! other than that one payment logged in 2009 the last payment was mid 2008.

Step by step instructions urgently needed, no idea with this type of thing and don't really understand legal jargon.

help! Feeling worried!

**Amethyst** · 12th December 2014, 08:26:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Just get on Moneyclaimonline, sign up, log in using the details on the claim form, and tick the 'intend to defend' box to acknowledge the claim. Don't enter the defence yet.

Send the CCA request with a £1 postal order to Cabot.

On your credit file where it shows you making a lump sum payment - does it change to show as settled/satisfied at the same time ? ie is it where they have written it off and sold it on to a DCA?

If not and it shows as a lump sum payment that doesn't pay off the whole debt then you might need to check your bank records/statements from around the same time to see if you did make a payment - maybe you got a backpayment/refund etc from benefits or something else and used it to pay up the debt, it's easy to forget things like that, so best to investigate fully before doing the defence.

For a June 2007 Lloyds credit card it is likely, if they do have the credit agreement, that it will be enforceable - send off the CCA request, and the CPR request as FlamingParrot posted, and see what comes back but it is likely you will need to be looking at a negotiation with the claimants to keep a CCJ off your file. Even so, send the requests for info off as the responses to those letters can make all the difference and put you in a much better position negotiation wise.

Originally posted by FlamingParrot View Post

Don't panic! Below are the steps to take upon receipt of a claim. :thumb:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

You should be able to acknowledge online, so you probably won't need to use the response pack.

**Crisis** · 12th December 2014, 08:28:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Thanks flaming Parot for the instructions

i will get this done today. I'm also going to ring my bank and check regarding this 2009 logged payment showing on my credit report as I'm 99% certain I never made any payments to anyone during that time. I haven't even banked with lloyds since April 2008.

on the acknowledge claim. I assume all I need to do is tick
I intend to defend all of the claim?

do I need to add any further comments?

**Amethyst** · 12th December 2014, 08:33:AM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

on the acknowledge claim. I assume all I need to do is tick
I intend to defend all of the claim?

Yes - if you're doing it on MCOL then...

No comments, don't contest jurisdiction

**Crisis** · 12th December 2014, 13:08:PM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

masred:

Originally posted by Amethyst View Post

Yes - if you're doing it on MCOL then...

No comments, don't contest jurisdiction

**Crisis** · 12th December 2014, 13:13:PM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Thanks Amethyst:tinysmile_grin_t::tinysmile_grin_t::tinys mile_grin_t:

ive now done the MCOL part and didn't contest jurisdiction...

i will now do the letters and get them sent recorded delivery with the postal orders

I assume I don't start defence until I get I reply to the CCA OR CPR letters now?

**FlamingParrot** · 12th December 2014, 13:14:PM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Originally posted by Crisis View Post

Thanks flaming Parot for the instructions

i will get this done today. I'm also going to ring my bank and check regarding this 2009 logged payment showing on my credit report as I'm 99% certain I never made any payments to anyone during that time. I haven't even banked with lloyds since April 2008.

on the acknowledge claim. I assume all I need to do is tick
I intend to defend all of the claim?

do I need to add any further comments?

Credit reports are not a reliable source of information to determine whether a debt is SBd or not. If you were to submit a SBd defence, the onus would be on them to prove it isn't. :thumb: Having said that, if you are not sure, it's best to have an a back up plan, hence the CCA request, etc.

**Amethyst** · 12th December 2014, 14:14:PM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Yip, just see what responses you get, don't expect a great deal, but let us know as soon as you hear anything and keep an eye on the dates.

28 days after you received the claim form - Thursday, January 8, 2015 - is when your defence is due in, so after New Year - around 4th Jan, come back, if you haven't already of course, and we'll help you from there get a defence or admission/negotiation together to enter to the court, or possibly ask the claimants to agree an extension if they haven't sent any documents.

Cabot likely will write back and tell you they are putting it on hold while they get documents and it might take them 40 days etc. You must still stick with the court dates and must still respond to court by the 8th Jan ok.

Oh and let us know what your bank say regarding this payment showing on your credit file too.

**Crisis** · 19th December 2014, 12:35:PM

Re: Cabot Financial - County Court a Business Centre Claim Form Received

Hi I have received a reply from Restons Solictors following the CPR request
As follows

We would point out that the claim was issued via the County Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction"

we we would also remind you that CPR 31.14 states
"A party may inspect a document mentioned in:-
a) a statement case
b) a witness statement
c) a witness summary; or
d) a affidavit

You would of been provided with a copy of the contractural Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Further more, the other documents you have requested are not mentioned in the particulars and are therefore CPR 31.14(1) does not apply.

Although your letter states that you require the requested documents in order to file a defence/counterclaim, we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates to, namely:
a) the date the account was opened
b) the account number
c) the outstanding balance
d) the name of the original creditor; and
e) the fact that the account has been assigned to the Claimant and when it was assigned.

We trust this clarity's matters and return your £1 postal order

I don't really know how to respond, I have no idea what this debt is and as previously said not banked with them since April 2008 and have nothing oweing to them to the best of my knowledge?

surely these people can not just demand money with no evidence its ridiculous.

Can someone kindly advice what to do next please

Cabot Financial - County Court a Business Centre Claim Form Received