Cabot Claim Form - DISCONTINUED !!!

[Spamheed]

Hello, I received a Calim form from Cabot and need to have a defence in for the 1st September

The POC are as follows:

The claimant is the assignee of a Debt(s) from Egg Banking Plc
Loan reference XXXXXXXX(This is Cabopts own reference rather than any Egg reference
Notice of assignment having been given to the defendant in writing. Despite demand for payment 48xx.xx remains due. The claimant claims 50xx.xx and interest under s.69 county courts act 1984 and costs.

I have acknowledged service and made CPR 31.14 and Part 18 requests

They have previously provided me with the familiar forged NOA, an agreement which does not have all of the prescribed terms (No right to cancel) but does have PPI which is included in the Total Loan amount rather than the cost of credit.

I suppose my question is this, what't the best next step, I know I have to mount a defence

So do I defend against the POC as they stand, with virtually no information do I post an embarrassed defence, or attempt to defend in full aginst the rubbish they've produced

[Angry Cat]

Re: Cabot Claim Form

Hello, I received a Calim form from Cabot and need to have a defence in for the 1st September

The POC are as follows:

The claimant is the assignee of a Debt(s) from Egg Banking Plc
Loan reference XXXXXXXX(This is Cabopts own reference rather than any Egg reference
Notice of assignment having been given to the defendant in writing. Despite demand for payment 48xx.xx remains due. The claimant claims 50xx.xx and interest under s.69 county courts act 1984 and costs.

I have acknowledged service and made CPR 31.14 and Part 18 requests

They have previously provided me with the familiar forged NOA, an agreement which does not have all of the prescribed terms (No right to cancel) but does have PPI which is included in the Total Loan amount rather than the cost of credit.

I suppose my question is this, what't the best next step, I know I have to mount a defence

So do I defend against the POC as they stand, with virtually no information do I post an embarrassed defence, or attempt to defend in full aginst the rubbish they've produced

Request an extension!

You cannot submit your defence (any defence), until you have obtained full disclosure of documents.

"Costs" [Emphasis Added]
http://www.hmcourts-service.gov.uk/cms/11550.htm

[Spamheed]

Re: Cabot Claim Form

how would i do that?

[pompeyfaith]

Re: Cabot Claim Form

Ring the court and find out if you can do it via a letter or if an N244 and a fee is required.


PF

[LuggerBugs]

Re: Cabot Claim Form

Is the defence to be in, or simply an acknowledgement?

[Angry Cat]

Re: Cabot Claim Form

Is the defence to be in, or simply an acknowledgement?

[quote] by Spamheed:
I have acknowledged service and made CPR 31.14 and Part 18 requests [quote]
------------------------------- merged -------------------------------

how would i do that?

CPR 15.5:
http://www.justice.gov.uk/civil/proc...rts/part15.htm

[MandM]

Re: Cabot Claim Form

Hi Spamheed,

IF they agree to the extension don't leave it to them to speak to the court. The onus is on the defendant to let the court know.

The safest way is to get confirmation in writing from them and attach it to your letter to the court confirming that an extension has been agreed.

If you leave it to the Sols you may find that you have a ccj by default. Make sure you cover your backside.

M

[Spamheed]

Re: Cabot Claim Form

Thank you for your advice, I will do this

I have had replies from Morgan to both 31.14 and part 18, the 31.14 added nothing new at all, just a rehash of the same agreement with T&C, dodgy NOA etc, the part 18 produced an alleged DOA which is so heavilly redacted as to make them pointless, nothing to show what is being bought, any values no information at all other than the signatories

Also an alleged (Cabot) account history which apart from mentioning my name in a couple of places cannot be linked by reference or account number to anything at all.

to date though nothing to show how the amount claimed has been worked out, no breakdown of anything. MOrgan insist that they have made requests of Egg for this and their NOA and will send as and when,

the agreement and T&C as provided are below along with the claim form
------------------------------- merged -------------------------------

[MandM]

Re: Cabot Claim Form

to date though nothing to show how the amount claimed has been worked out, no breakdown of anything. MOrgan insist that they have made requests of Egg for this and their NOA and will send as and when,

Then concentrate your request for an extension on this point. You're giving them the extra time to come up with the info. Obviously, the NOA is pretty important as without it they shouldn't be taking you to court. You can request the extension I believe and agree to submit your defence 14 days thereafter (up to a max of 28 days).

With regards your defence, work on the assumption that they'll say 'no' to the extension so you don't get caught out. For now, still aim to get something in by the 1st.

M

[Spamheed]

Re: Cabot Claim Form

So allegedly we have mutually agreed an extension of 28 days (waiting on a letter of confirmation) wouldn't have it as an extension for them to disclose, had to be for me to file a defence. They do seem to like their wordplay

Had a chat with the gentleman named on the correspondence who towards the end of the conversation asked what my position was.

Told him I thought they were trying a long shot to get a quick default and that it wasn't going to happen. That they hadn't provided any evidence of transferring ownership of anything at all, a forged NOA and a redacted DOA with no information showing at all, an agreement full of holes, they've provided absolutely nothing to substantiate anything in their claim or even that they have a cause of claim in the first place.

[MandM]

Re: Cabot Claim Form

Yep, they love playing with words lol.

Keep an eye on the timescales. If you haven't had the confirmation by early next week then chase for it. Then await the NOA and see what turns up.

[Spamheed]

Re: Cabot Claim Form

Right, so I got my letter confirming the 28 day extension, this means that now Cabot have til 28th to provide me with a cause for claim and I have until the same date to post my defence.

[Spamheed]

Re: Cabot Claim Form

Is this sufficient for a letter notifying the court of a time extension

In the Northampton County Court
Claim number XXXXXXX


Between

Cabot Financial (UK) Ltd - Claimant

and
XXXXX XXXXXXX - Defendant

Dear Sir or Madam



I write to advice you that claimant and defendant in this case have mutually agreed an extension for the defence to be filed with a new deadline of xx xxxxxxx 2010

A copy of the claimants acknowledgement of this extension is attached

Yours sincerely

xxxxx xxxxxxx

[worrybee4]

Re: Cabot Claim Form

Your paperwork looks identical to mine ! The name has been redacted on the Personal Loan Agreement Terms and Conditions in exactly the same place...

I will watch your progress with interest, but wish you the best of luck !

[Spamheed]

Re: Cabot Claim Form

I think there are a lot of us in the same boat, everything about the way they do their business stinks