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

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

    Originally posted by stu82 View Post
    Re. the letter sent to the solicitors on the subject of a lapsed registration, well one week on and no reply the letter was sent and signed for but no response... is there anything to make of it yet ?

    And no response from my defence, what is the usual process after filing ?

    Stu
    In most cases you wouldn't get a quick response, although some solicitors may write a letter asking you to consider setting the claim.

    They have 28 days to reply to the court and say whether they wish to proceed with the claim but they run from the day they received your defence, which would be a few days after you filed it so it's still early days.

    Originally posted by Berniethebolt View Post
    Once they have received your defence the claimant has 28 days to respond . If they don't the case gets stayed but you do not get told
    In view of recent events, it's worth keeping an eye on things and considering a strike out application if a claim ends up stayed due to lack of response. Having left claims stayed for months, some claimants, Cabot in particular, have been applying to lift the stay, strike out the defence and request summary judgment all without a hearing. :Cry:

    Comment


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

      Case number *******

      Today i received from HM courts and tribunals of acknowledgement of my defence, and stating they will send it to the claimant and that they might contact me personally to sort this out.

      Comment


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

        Its good news that the court has confirmed receipt.

        It is just a waiting game no so try to put it to the back of your mind and enjoy the family

        Comment


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

          Originally posted by stu82 View Post
          Case number *******

          Today i received from HM courts and tribunals of acknowledgement of my defence, and stating they will send it to the claimant and that they might contact me personally to sort this out.
          Hi Stu

          They have 28 days to respond to your defence and say whether they wish to proceed with the claim, but that would be from when they receive your defence, sometime next week. You have another month or so before it becomes stayed. :ranger:

          Not all solicitors contact you directly so you may not hear from anyone till you receive the N180 directions questionnaire. Cabot often leave cases stayed when they can't find the documents.

          Comment


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

            Well today I received a letter from Weightmans and is as follows...

            Dear Sir

            Cabot Financial (UK) Limited -V- Stu82
            Claim number *******

            We write in respect of the above mentioned proceedings

            We have received your defence and can confirm the our client does not accept such.
            Accordingly, we have written to the court to request that the matter proceed as defended

            Yours..
            >>>>>>>>>>>>>>>>>>>>>

            The court received my defence on the 12 October and today the 11th was first communication from Weightmans throughout this situation... They are very borderline 28 days...
            What will be the process now ?

            Stu

            Comment


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

              Anybody ?

              Comment


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

                [MENTION=55034]nemesis45[/MENTION]??
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


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

                  Originally posted by stu82 View Post
                  Well today I received a letter from Weightmans and is as follows...

                  Dear Sir

                  Cabot Financial (UK) Limited -V- Stu82
                  Claim number *******

                  We write in respect of the above mentioned proceedings

                  We have received your defence and can confirm the our client does not accept such.
                  Accordingly, we have written to the court to request that the matter proceed as defended

                  Yours..
                  >>>>>>>>>>>>>>>>>>>>>

                  The court received my defence on the 12 October and today the 11th was first communication from Weightmans throughout this situation... They are very borderline 28 days...
                  What will be the process now ?

                  Stu
                  Hello Stu,

                  The admin court will allocate the claim to your local court which will handle it an continue the process.

                  A witness statement will be needed, which is for simplicity your story of the debt/claim we have time
                  to sort that out.

                  nem

                  Comment


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

                    Thank Nem

                    Comment


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

                      First you'll get a directions/allocation questionnaire (N180) from the court which you will need to fill in and return ( pretty straightforward) then a letter with a court date and mediation info xxx
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


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

                        Thank you x

                        Comment


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

                          Update** Just had confirmation from the court that they (Cabot uk) have decided to go ahead and the courts have emailed me the N180 form but can they go ahead? they haven't given me my requested CCA or my CPR..!!

                          Comment


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

                            Hi how much do you owe Capital One?. Also if the card was taken out in 2009. There may be PPI on the card. Also find out how many charges there were on the card etc.

                            - - - Updated - - -

                            Contact the FOS Financial Ombudsman Service regarding your PPI?.

                            Comment


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

                              Originally posted by stu82 View Post
                              Update** Just had confirmation from the court that they (Cabot uk) have decided to go ahead and the courts have emailed me the N180 form but can they go ahead? they haven't given me my requested CCA or my CPR..!!
                              You should return the N180 to the court and send a copy to the claimants. They have opportunity to provide the documents up to about 14 days (with witness statements) before the hearing unfortunately.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


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



                                - - - Updated - - -

                                I've not had my CCA or CPR no response to my N180, is this a sign of a lack of CCA and a weakness in their case or just standard practice.

                                Ps

                                Apologies for this long drawn out thread and endless questions.

                                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.




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