Cabot Court Case need help

[taffy24]

hi just joined and looking at foreum looks like a good site for info and help

[taffy24]

county court case

my wife recieved a cc form today regarding a barclycard debt dated 19/05/2001 however i have not answered letters after default i have no recolection of paying anything exept for some debt collector that came round but what we were paying for we thought it was for catalouge debts and he would put some on this one and some on the other and he stopped collecting money when we said we were going to see citizens advice beareau would it be worth contesting this as stature barred or what or which way would be better to write asking for them to supply information im sorry im not legally minded on these matters

therefore whilst i have read the forums it looks like i will have to acknowledge the claim ask cabot for a copy of the cca then where do i go from there????

[taffy24]

Re: county court case

further to this the paticulars of the case is a follows
By Agreement between Barclays Bank PLC & the defendant on or around the 19/05/2001 (the agreement)Barclays bank agreed to issue the defendant with a credit card .The defendant failed to make the minimun payment due & the agreement was terminated The agreement was assainged to the claimant the claimant therefore claims 2742.08

no mention of default
so where what i want to do firstly with this
thanks for any help

[taffy24]

Cabot Court Case need help

this replaces my original thread as i feel not enough info was given by me to members

My wife recieved a county court claim from mortimer Clarke solicitors on behalf of Cabot Financial uk ltd yestaerday form dated 14SEPT 2016
paticulars of case is between Barclays Bank PLC and my wife on or around the 19/05/2001 (the agreement )barclays bank plc agreed to issue my wife with a credit card.The defendant (my wife) failed to make minimum payments due & Agreement was terminated. The Agreement was assigned to the claimant Cabot Financial . the claimant Cabot financial therefore Claims for £2742.08.

I intend to dispute this on the following grounds

1. That this is a statured barred case as she has not acknowledged the claim or paid any money to the claim
2. That we ask for a copy of the original agreement

how would we need to wite down is anyone got a template what to use it is interesting to see on the actual claim form that there is no date oftermination of agreement nor there is no date of default
I need help on this one as my wife has said she is not going to pay it and go to court however i feel that we need to fight this one out .
I have recently suffered from ptsd and have recovered well however things like this play on my mind

HELP Please

[Anthony72]

Re: Cabot Court Case need help

Hi
When you say its statute barred , what makes you think this?
Statute barred is when there has been no payment or written acknowledgement for a clear 6 years.
Anyway
You need to acknowledge the claim online, tick defend all
Send A S78 request to Cabot
Send a CPR 31.14 request for the things mentioned on the claim form
So I think from what you have written

1) Notice of assignment
2) Termination notice
3)Copy of the agreement

Does it mention the account was defaulted , if so add Default notice

The template letters are at the top of the forum that says court claims in a green box
[MENTION=49370]Kati[/MENTION]

[Kati]

Re: Cabot Court Case need help

Link to first steps here http://legalbeagles.info/forums/show...it-Court-Claim xx

[taffy24]

Re: Cabot Court Case need help

thanks for that info will look tommorow as i get very tired about this time of night
and sorry for the late reply
thanks

[taffy24]

Re: Cabot Court Case need help

Hi read through your advice regarding the s78 request looking at the paticulars of the cas it does not give agreement number what does one put instead of this

[taffy24]

question regarding agreement

I am in the process of replying to papers served in county court and have a question to ask

regardins S78 request it asks on the template for a cpy of the agreement number the county court paticulars of claim does not give the agrement number how would you or what would you ask for instead
thanks

[MIKE770]

Re: Cabot Court Case need help

No agreement Number - possibly state:- Document as stated within N1 POC??? maybe

[Diana M]

Re: county court case

Barclycard debt dated 19/05/2001 however i have not answered letters after default i have no recolection of paying anything exept for some debt collector that came round but what we were paying for we thought it was for catalouge debts and he would put some on this one and some on the other and he stopped collecting money when we said we were going to see citizens advice beareau would it be worth contesting this as stature barred

When did your wife (or you on her behalf) last pay anything to the debt collector?

You've started another thread on this claim so maybe they'll be merged at some point to help you to keep everything in one place

http://legalbeagles.info/forums/show...834#post677834

I am in the process of replying to papers served in county court and have a question to ask

regardins S78 request it asks on the template for a cpy of the agreement number the county court paticulars of claim does not give the agrement number how would you or what would you ask for instead

Di

[taffy24]

Re: county court case

When did your wife (or you on her behalf) last pay anything to the debt collector?

You've started another thread on this claim so maybe they'll be merged at some point to help you to keep everything in one place

http://legalbeagles.info/forums/show...834#post677834



Di

to be honest i cant remeber if we did pay for this debt through the debt collector as he used to put it on other debt theres nothing stopping him doing it on this debt as well would it be worth while submitting a stature barred action and if it would be found invalid would that go against my claim the problem i have is there is no agreement number on the claim form from court
If i was to put to them they have not submitted a refrence number to me would that help

thanks for reply Di

[Kati]

Re: county court case

You've started another thread on this claim so maybe they'll be merged at some point to help you to keep everything in one place

http://legalbeagles.info/forums/show...834#post677834

merged xx

[taffy24]

Re: county court case

thanks for the merger
I though if i was to put it to them that they have not submitted a refrence number and they should submit one by return of post maybe just maybe they havent even got one

[taffy24]

Re: Cabot Court Case need help

does this look ok to anyone
Cabot Financial (UK) Ltd
1 Kings Mill Avenue
Kings Mill
West Malling
Kent

Dear Sir/Madam

Re:− Account NumberDocument as stated within N1 POC

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully