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Cabot Financial help please

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  • Cabot Financial help please

    Hi everyone got claim from Cabot Aqua card I owe them 372£ plus with court fees
    About £457, I called their solicitor shoosmiths llp to settle down out of court
    offer to pay monthly 40£ or maybe more depends on my budget,they said me to pass it to Cabot for their decision and meanwhile put hold on case proceeding and send me a letter of holding case until they get decision from Cabot, in the meanwhile send me a copy of my credit agreement but they said don't acknowledge receipt to county court for claim form pls tell me what to do now?
    I paid last time on15 June 2009
    Tags: None

  • #2
    Re: cabot financial and court claim plz help.

    Originally posted by Fays View Post
    Hi everyone got claim from Cabot Aqua card I owe them 372£ plus with court fees
    About £457, I called their solicitor shoosmiths llp to settle down out of court
    offer to pay monthly 40£ or maybe more depends on my budget,they said me to pass it to Cabot for their decision and meanwhile put hold on case proceeding and send me a letter of holding case until they get decision from Cabot, in the meanwhile send me a copy of my credit agreement but they said don't acknowledge receipt to county court for claim form pls tell me what to do now?
    I paid last time on15 June 2009
    ACKNOWLEDGE , the claim form,or they will get judgement by default.

    Comment


    • #3
      Re: cabot financial and court claim plz help.

      Originally posted by Streetwise View Post
      ACKNOWLEDGE , the claim form,or they will get judgement by default.
      Thanks for advise, after acknowledging do I defend? Wait for credit agreement to be recieved ?plz advise how to avoid ccj

      Comment


      • #4
        Re: cabot financial and court claim plz help.

        Originally posted by Fays View Post
        Thanks for advise, after acknowledging do I defend? Wait for credit agreement to be recieved ?plz advise how to avoid ccj
        Acknowledge saying you want to defend the claim in full to start with. That will give you a further 14 days to defend (+ 5 extra allowed for service, a total of 33 days). More info here: http://www.legalbeagles.info/forums/...313#post499313

        Once you have acknowledged, do the following:

        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)

        Keep an eye on the calendar so you don't miss the deadline to file your defence.

        Would be useful if you typed up the particulars of claim. :typing:

        Comment


        • #5
          Re: cabot financial and court claim plz help.

          Great help and advice I'll update outcome
          once I have sent these letters through recorded delivery

          Comment


          • #6
            Re: cabot financial and court claim plz help.

            I have send two letters as directed here one to claiment and other to solocitor,
            i acnowledge online to court
            what next do i have to file copies to court as well of those 2 letters sent to claiment and solicitor
            plz advise me further actions to do?

            Comment


            • #7
              Re: cabot financial and court claim plz help.

              Originally posted by Fays View Post
              I have send two letters as directed here one to claiment and other to solocitor,
              i acnowledge online to court
              what next do i have to file copies to court as well of those 2 letters sent to claiment and solicitor
              plz advise me further actions to do?
              No, there's no need to file the letters with the court.

              With regards to the CCA request to the claimant, there's no need to chase that one, non-compliance can be used in your defence.

              The solicitors should respond to the other letter (CPR 31.14) in 7 days, once they're up, you need to chase up. To save time you may want to ring and/or email them. I'd ask them for a 28 day extension which is the maximum allowed under CPR 15.5. to file your defence. If they agree, you need to get it in writing and forward it to the court.

              Keep an eye on the timescales, without an extension you have a maximum of 33 days from date on claim to file a defence. :clock:

              Comment


              • #8
                Re: Cabot Financial help please

                Thanks buddy u r great

                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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