Cabot Financial - County Court a Business Centre Claim Form Received

[Amethyst]

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

Ok, yes you need to wait for the 28 days plus about a week on top to be sure - check with they court that it has been 'stayed' - then write and ask the claimant to discontinue else you'll be applying to the court to strike out their claim as an abuse of process.

[Crisis]

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

I am in the same position and I do not think we can do anything except wait for their next move. I believe they will not come up with any documents and therefore the case will be stayed indefinately. This is their plan B as it will prevent the statute barred from coming into force.
G

Hi galllahad what happens regarding the SB as I'm confused with the stayed indefinitely comment.

i believe this debt may be SB already as last payment was April 2008

[Amethyst]

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

As you didn't plead the debt being Stat Barred in your defence, if they do come up with the documents you would need to amend your defence to argue SB as well as against any anomolies within the documents.

If a case becomes stayed due to the claimant not responding to the court about your defence, then it can be stayed indefinately unless you get the court to strike it out.

[Crisis]

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

As you didn't plead the debt being Stat Barred in your defence, if they do come up with the documents you would need to amend your defence to argue SB as well as against any anomolies within the documents.

If a case becomes stayed due to the claimant not responding to the court about your defence, then it can be stayed indefinately unless you get the court to strike it out.

I have checked online today an the case is still live. I have since wrote again asking both Cabot and Restons to withdraw the claim. I am getting no response.

how do I applied to the court to have the claim removed? Is there a standard letter I can send or do I call them..
thanks

[gallahad]

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

You need to apply for the court to strike the case out I think the form you need is an N244.
G

[Crisis]

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

You need to apply for the court to strike the case out I think the form you need is an N244.
G

Hi there, I am getting no where with this. I have looked at the N244 and it appears I have to pay a £155 fee to submit this?

surely if no documents are produced the claim should be thrown out anyway. Does this ever happen?

is the N244 the only option to get this claim set aside?
ive had no reply from Restons or Cabot regarding my request to withdraw the claim even though Cabot has sent me a letter saying they can not produce the documents

If I have no other choice I will have to submit the N244 but I'd prefer not to have to pay the fee as Cabot/Reston's shouldn't be allowed to submit claims when they can not provide proof of a debt in the first place

any help would be appreciated I just want this to be over

[Crisis]

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

Also is there any time restraints regarding submitting the N244 and at what point/time limit does the claim usually become stayed?

[Amethyst]

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

Has the claim not been stayed by the court yet?

Yes an application is £155. The claim will only be thrown out if the court orders production of documents by a certain date and the claimant fails to do so.

SO the claimant just not responding to a defence just puts the case on hold. inherently unfair in my opinion but we're stuck with it.

[Crisis]

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

Has the claim not been stayed by the court yet?

Yes an application is £155. The claim will only be thrown out if the court orders production of documents by a certain date and the claimant fails to do so.

SO the claimant just not responding to a defence just puts the case on hold. inherently unfair in my opinion but we're stuck with it.

Thanks Amethyst for your reply. Not had any notification of stayed as yet?

i have been routing through old paperwork and found some old bank statements dated back to April 2007

I have clearly not made any payments to this account/credit card since that date or had or made any contact with Lloyds since,

i honestly beleive this is statue bared

should I alter my defense or is it to late? Or write to Restons stating I beleive the debt is statue bared or just file the N244

thanks

[Amethyst]

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

Firstly I'd give the court a call and ask what the current status of the claim is.