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Court claim from Cabot finance

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  • #76
    Re: Court claim from Cabot finance

    Oh well let's see what happens then thanks for all your help guys really really appreciate it.

    Comment


    • #77
      Re: Court claim from Cabot finance

      Forgot to ask do I just send back the defence part of the form from the court with my defence signed.

      Comment


      • #78
        Re: Court claim from Cabot finance

        Hi guys sorry to b a pain. Just one last question. I'm about to send off my defence, do I have to send off copies of the letter Cabot has sent me as well as a copy of the cca request I sent. For the courts info.

        Comment


        • #79
          Re: Court claim from Cabot finance

          Anyone know if I need to send anything else off with my defence. Going up town in a min to post so need to know so I can post. :tinysmile_hmm_t2:

          Comment


          • #80
            Re: Court claim from Cabot finance

            No you don't need to at this stage, they go in bundles later on. Just the defence for now xx
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #81
              Re: Court claim from Cabot finance

              Originally posted by flicky1314 View Post
              Forgot to ask do I just send back the defence part of the form from the court with my defence signed.
              Yes If You are POSTING it then keep a copy.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #82
                Re: Court claim from Cabot finance

                Ok thanks amethyst will go and send off now. Thanks for ur reply.

                Comment


                • #83
                  Re: Court claim from Cabot finance

                  Defence sent off recorded signed for. So waiting game starts lol

                  Comment


                  • #84
                    Re: Court claim from Cabot finance

                    Hi guys just to let u know received a letter today from Northampton court saying they had received my defence and basically Cabot have 28 days to decide what to do.

                    Comment


                    • #85
                      Re: Court claim from Cabot finance

                      hi guys need ur help. received a letter today from cabot saying unfortunately they cannot provide my request for information within the relevant time period and that they will continue to request the information, in the mean time my account will remain on hold until they can comply with my request. it also says my credit agreement in currently unenforceable which means they are not permitted to obtain a judgement or decree againt you in court, however u are still obliged to repay the outstanding balance........................................... ....... so wanted to know what does it all mean??? and what do I do next?

                      Comment


                      • #86
                        Re: Court claim from Cabot finance

                        Originally posted by flicky1314 View Post
                        hi guys need ur help. received a letter today from cabot saying unfortunately they cannot provide my request for information within the relevant time period and that they will continue to request the information, in the mean time my account will remain on hold until they can comply with my request. it also says my credit agreement in currently unenforceable which means they are not permitted to obtain a judgement or decree againt you in court, however u are still obliged to repay the outstanding balance........................................... ....... so wanted to know what does it all mean??? and what do I do next?
                        Wait the 28 days and some, phone the court and ask what's happening with the case.

                        Comment


                        • #87
                          Re: Court claim from Cabot finance

                          For once Cabot is being clear on the provisions of CCA 1974.
                          It means that until/if the agreement is found and delivered to you
                          the debt cannot be enforced by a court., but we really would like you
                          to pay us anyway!!

                          There is little to do immediately but wait I suggest 28 days if the agreement is not supplied make an application for the claim to be struck out.

                          nem

                          Comment


                          • #88
                            Re: Court claim from Cabot finance

                            so basically they cant do anything until they find the agreement is that right? is the 28 days from when they received my defence or from now? nem do I have to pay the court for it to b struck out ?
                            lol I did laugh at that bit we cant prove u owe the debt but still want the money off me hahah

                            Comment


                            • #89
                              Re: Court claim from Cabot finance

                              hi guys need some help again if u don't mind. received a letter today from restons solicitors who are the other solicitors named on the court document. bare with me while I type it out it states

                              we refer to the above matter and note you have recently filed a defence to the court proceedings whereby u allege

                              1..you did not enter into an agreement with shapely figures
                              2..you made a formal request for a copy of the agreement to the creditor, and they have failed to comply with your request.
                              3..you have not acknowledged or made payments towards the balance and therefore believe the debt is statue barred.
                              4..you do not recall receiving a notice of assignment.

                              please note we have requested the relevant documentation from our client and shall be in contact upon receipt.



                              so what do I do with that ???? is it a standard letter? do u think there just scareing me into thinking they can get it, w3hat do I do now??

                              and to top it off had to argue with the woman on the phone at Northampton court about when the case was stayed. she tried telling me after 3 months, so I said don't cabot have to get back to u after a certain amount of days?, no I was told, it was 3 months. then I asked her to go check she came back and said yes they have 33 days from receiving defence. which will b 13c march. arrrrrrrrgggghyhhhhhhhh losing the plot with this one......

                              Comment


                              • #90
                                Re: Court claim from Cabot finance

                                Do not worry about that letter from Restons. They are just repeating what you have told them and confirming that CRAPBOT are trying to find original document. A cynic would say its designed to intimidate you. Sit tight.

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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