Cabot Financial and old egg loan-CCJ Being sought

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

So a copy will still stand up in Court-I have read that they do this,so I guess at that stage I have to pay. I really can not get a CCJ,I am guessing that will be the outcome?

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I will send letters to both, is there any kind of pattern to their next action?

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Good Afternoon Everyone
I am ready to send my letters,I just copied basically what Nemesis wrote yesterday-just filling out my details. I will send by signed for post-is there anything else I should do or add?
Thank you again so much for all the helpful direction.
Sara

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

Good to go I think!!

nem

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello Everyone
I got a update letter from Cabot last week but I was away. So I thought I would let everyone know what is currently happening. I got a letter from Cabot-which was a little confusing. I will copy it out below and any thought/advice would be most welcome, on how to proceed.
The Letter
Thank you for your letter dated 29 January. You write in response to our letter from the 21st January, advising you that you requested a copy of the credit agreement for the abovementioned account.
I can advice that , as we are not the original creditor, we do not have the details of the account on file and have to request them from the original Vendor. As explained in our letter we anticipate this to take 40 days. The 12 day timescale is the period of time before the account becomes unenforceable. So after 12 days the debt is unenforceable until we provide you with the relevant documents.
It should be noted however, that while the your credit agreement is unenforceable, you are still obliged to repay the outstanding balance. The unenforceable status means we are not permitted to obtain a judgment or decree against you in Court.
May I take this opportunity to thank you for bringing this matter to my attention and trust we have set out our position clearly.
Your sincerely....

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

Standard Bowlocks from Cabot this " anticipated" 40 days for production of the CCA when litigation has been started is clearly intended to obstruct the defendant,

Please send a copy of that letter to the FCA with short comment that this appears to be a deliberate obstruction which will harm your defence of Cabots claim.
nem

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello Nemesis
I can send it FCA, any particular department? What should I do now?

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I checked online and there is a email address for the FCA, which is:consumer.queries@fca.org.uk. Sorry to keep bothering everyone but should I email it in or write in to them? Thank you for your help. Sara

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

Yes that's fine!

nem

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Good Afternoon Everyone
I wanted double check what my next should be? I filled out my court defence on the 20th January, by my calculations they have a few days still left. What should I do straight away once the 28days is hit?
I would very much appreciate your advice-though I do suspect that they will probably produce something before they end of the week. Or can they go to Court and ask for more time?
Sara

[FlamingParrot]

Re: Cabot Financial and old egg loan-CCJ Being sought

Good Afternoon Everyone
I wanted double check what my next should be? I filled out my court defence on the 20th January, by my calculations they have a few days still left. What should I do straight away once the 28days is hit?

Not much for now. If the claimant fails to respond, the claim will be stayed. You may consider applying for strike out if that happens, but I wouldn't do it straight away.

I would very much appreciate your advice-though I do suspect that they will probably produce something before they end of the week. Or can they go to Court and ask for more time?
Sara

Not at this stage, once they get your defence, all they have to do is say whether they wish to go ahead with the claim or not. Simples.

They don't have to produce anything within 28 days, if they decide to proceed, the court will send both sides a directions questionnaire followed by the court's directions which will include disclosure of documents by a certain date, but that's still some way away.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello
I am wondering why it is not a good idea to shutdown the process straight after the 28days? Do they get some kind of special consideration? Or does the Court not look upon it favourably?
Sorry to be such a pain! Thank you.
Sara

[FlamingParrot]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello
I am wondering why it is not a good idea to shutdown the process straight after the 28days? Do they get some kind of special consideration? Or does the Court not look upon it favourably?
Sorry to be such a pain! Thank you.
Sara

You can't really shut down the process as such. You could submit a strike out application but it will cost you (£50 without a hearing, £155 with a hearing). You may want to look at this thread for a similar situation: http://www.legalbeagles.info/forums/...ike#post520334

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hello Everyone
It has been quite a while, the 28 days is well and truly past. What should my next step be in this process? I really appreciate everyones help.
Thank you
Sara

[nemesis45]

Re: Cabot Financial and old egg loan-CCJ Being sought

Check with the court to see if the claim has been stayed.

nem