**DISCONTINUED** Today received a court claim **UPDATE**

[FlamingParrot]

Re: Today received a court claim **UPDATE**

I will email them now asking for an explanation into their untrue account and where their information has come from and based on.. i will keep everything noted and saved, before i send the email maybe someone might like to add anything else i should add..?

I'd just say that you are referring to account number xxxxxxx in the name of Stu82. On the xx/xxxx/2015 they issued claim number xxxxxxx in the amount of £xxxxx for that same account so the account could not be subject to a judgment and you have verified that fact by checking the public records....

[Berniethebolt]

Re: Today received a court claim **UPDATE**

I have always found Cabot to be one of the more professional companies in that they always keep me informed of any progress to a CCA request or complaint, often at weekly or fortnightly intervals. They have also been the ONLY debt purchaser to tell me that as they can not comply with my CCA request the account can not be enforced and that they will not contact me again while the situation remains.

[FlamingParrot]

Re: Today received a court claim **UPDATE**

I have always found Cabot to be one of the more professional companies in that they always keep me informed of any progress to a CCA request or complaint, often at weekly or fortnightly intervals. They have also been the ONLY debt purchaser to tell me that as they can not comply with my CCA request the account can not be enforced and that they will not contact me again while the situation remains.

Unfortunately they have also been using the same template letter in cases where they've issued a claim! :rant:

A few posters on here have received their usual letter saying they cannot obtain the documents therefore the account is unenforceable and they are prevented from obtaining a judgment or decree... :blah: :blah: yet they are proceeding with the claim! :confused2:

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Unfortunately they have also been using the same template letter in cases where they've issued a claim! :rant:

A few posters on here have received their usual letter saying they cannot obtain the documents therefore the account is unenforceable and they are prevented from obtaining a judgment or decree... :blah: :blah: yet they are proceeding with the claim! :confused2:

Doh
As I say I can only speak from personal experience and to date I have managed to avoid a court claim (touch wood-any wooden tops around)

[Stu]

Re: Today received a court claim **UPDATE**

Just thinking how does this muckup from Cabot affect times scales, Ie mine to defend myself and theirs the 12 + 2 days to respond with my required information.?

[Berniethebolt]

Re: Today received a court claim **UPDATE**

I would treat your timescales as still the same

have you asked for an extension?

If not this would be the perfect opportunity to ask for one

[nemesis45]

Re: Today received a court claim **UPDATE**

Just thinking how does this muckup from Cabot affect times scales, Ie mine to defend myself and theirs the 12 + 2 days to respond with my required information.?

Well I would not pay much attention to claims that Cabot are " professional in their conduct it's one of the worst for sneaky judgements by default and abuse of process with statements such as it'll take 40 days to comply with a CCA request.

You should continue as if that letter had never arrived, but keep it safe it may well be use full later.
The 12 + 2 days for your CCA request should again be viewed as if the letter had not been sent.
Get on with your defence as planned.

nem

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Well I would not pay much attention to claims that Cabot are " professional in their conduct it's one of the worst for sneaky judgements by default and abuse of process with statements such as it'll take 40 days to comply with a CCA request.

You should continue as if that letter had never arrived, but keep it safe it may well be use full later.
The 12 + 2 days for your CCA request should again be viewed as if the letter had not been sent.
Get on with your defence as planned.

nem

Nem
Them saying that they expect it to take 40 days to comply with a CCA request is just good practice . They are keeping the debtor informed and at least in my experience they have put the account on hold while they try to get it.
I only said what I had found

[MIKE770]

Re: Today received a court claim **UPDATE**

Nem
Them saying that they expect it to take 40 days to comply with a CCA request is just good practice . They are keeping the debtor informed and at least in my experience they have put the account on hold while they try to get it.
I only said what I had found

40 days ! the moon is made of Blue Cheese! they believe

[nemesis45]

Re: Today received a court claim **UPDATE**

40 days ! the moon is made of Blue Cheese! they believe

According to some of Crapbots letters this is " industry guidance"

nem

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Lets face it,
There is no way in hell that they will be able to get the request in 12 days and they know it, they are giving an estimated time. I know we all believe that prior to issuing a claim they should be in possession of the documents and we all know that is not the case .

If we are following protocols surely it would be wrong not to tell them they have screwed up and give them the opportunity to discontinue . As Nem said in another thread the judge may not be happy

[FlamingParrot]

Re: Today received a court claim **UPDATE**

Just thinking how does this muckup from Cabot affect times scales, Ie mine to defend myself and theirs the 12 + 2 days to respond with my required information.?

The long and the short of it is, they won't respond within 12 + 2 working days, you stand a better chance of getting heavy snow in July than them complying with the timescales set out by the law. :flypig: :flypig: They simply can't, because they haven't got the documents themselves and are at the mercy of the original creditor to supply them. The OC would have little motivation to rush the search for them since they have no interest in the account once it's been sold to Cabot.

You don't need to chase the CCA request because once their time's up, the account becomes unenforceable until they comply, and you will put their lack of compliance in your defence. :grin: You still need to file a defence within the 33 day timescale unless the solicitors dealing with the claim agree to a 28 day extension, something you can ask for once their 7 days for compliance with your CPR request are up, regardless of whatever Cabot may send (or otherwise). :thumb:

[Stu]

Re: Today received a court claim **UPDATE**

I would treat your timescales as still the same

have you asked for an extension?

If not this would be the perfect opportunity to ask for one

I have not asked for an extension, no.

Well I would not pay much attention to claims that Cabot are " professional in their conduct it's one of the worst for sneaky judgements by default and abuse of process with statements such as it'll take 40 days to comply with a CCA request.

You should continue as if that letter had never arrived, but keep it safe it may well be use full later.
The 12 + 2 days for your CCA request should again be viewed as if the letter had not been sent.
Get on with your defence as planned.

nem

I am keeping all paperwork together and just ignore the letter as it is false information (being their mistake) thus them not sending me the docs ive requested, ? As for defence :notworking2" i'm as good as one missing, i've never had to do this, will it be a straightforward easy thing to understand and do....

[FlamingParrot]

Re: Today received a court claim **UPDATE**

I have not asked for an extension, no.

Your CPR request letter gives them 7 days to respond. Once their time is up, you should chase up the solicitors for the request (NOT Cabot and the CCA request) and say that, in view of the fact they've not supplied you with the paperwork you need to assess your situation and prepare a defence, which they should have had in their possession before issuing a claim, would they kindly agree to a 28 day extension as allowed by CPR 15.5. You can do this by email and chase up over the phone if necessary, then if you agree, you need to inform the court in writing (email will do). :typing:

I am keeping all paperwork together and just ignore the letter as it is false information (being their mistake) thus them not sending me the docs ive requested, ? As for defence :notworking2" i'm as good as one missing, i've never had to do this, will it be a straightforward easy thing to understand and do....

The majority of defendants on here don't receive any paperwork before the deadline, even when an extension is agreed, so they just submit a generic defence based around no documents supplied. It's still a little early for you but this should give you an idea: http://www.legalbeagles.info/forums/...t-Court-Claims

[Stu]

Re: Today received a court claim **UPDATE**

Your CPR request letter gives them 7 days to respond.

Can they not say they did responded? and today is the seventh day...