my friend cabot financial

[helltitan]

Good Evening all , had a fantastic letter today could do with some advice, not even sure this letter is genuine , as have logged in to moneyclaim today entered all info and come back with error in claim no and password . many thanks helltitan

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also may add no barcode on claim form aswell as stamp not stating which court

[Nibbler]

Re: my friend cabot financial

Looks genuine. As much a pain in the bum and deceptive as Cabot can be, they are not stupid enough to send fake court papers.

MCOL frequently has glitchs and/or difficultly registering and/or entering the passwords.

[nemesis45]

Re: my friend cabot financial

Hi this is a genuine claim issued by the Northampton County Court Business Centre. The Administrative Court dealing with money claims.
The Crown in the circle is the " stamp". Beside that is the address of the court.

Important!
There are often problems when the site is busy so try again tomorrow.

Acknowledge service of the claim Online at Money Claim Online all the details are in the claim pack: State intention to defend in full.

What type of account is this? Loan, credit card, current account/overdraft?

We need this info to advise further but from the particulars of claim I suspect
it may be a bank account.

nem

Do not attempt any defence submission at this point.

[helltitan]

Re: my friend cabot financial

Thanks Nibbler,
Guess ill need to deal with this , i have not relayed to the claim as of yet , from reading the post i need to request a cca from restons solicitors . it seems the general defence is lack of documentation from the solicitors, and the acknowledment of service
many thanks helltitan

[helltitan]

Re: my friend cabot financial

hi Nemesis , thanks for the reply , the above claim is for a credit card , i have not contacted or replied to the court , recieved letter today

[helltitan]

Re: my friend cabot financial

also where can i find info regarding if this claim is barred , i think that the correct term .
ty

[nemesis45]

Re: my friend cabot financial

Hi A CCA Request to Cabot for a copy of the agreement £1 statutory fee payable, use a cheque or postal order endorsed for " statutory fee only" Cabot has 12 + 2 Working Days to comply, failure to do so renders the debt unenforceable until the agreement is produced> use the template from the forum library.

The particulars of the claim are very sparse nothing mentioned other than the agreement and the assignment.

So a Request made under CPR 31.14 ( Civil Procedure Rule) for the agreement and Notice of Assignment to go to the Solicitors No Fee Payable and a 7day time scale.
A template is in the forum library.

Use signed for post for both and check delivery dates.

nem

[helltitan]

Re: my friend cabot financial

hey nemesis,
That looks like a plan ill get that sorted tomorrow morning ill send recorded to both parties ,
Yes the information they have supplied is some what vague, i thank you all for your advice , and assistance with out people like your selfs most of us would be lost
many thanks
helltitan

[nemesis45]

Re: my friend cabot financial

hey nemesis,
That looks like a plan ill get that sorted tomorrow morning ill send recorded to both parties ,
Yes the information they have supplied is some what vague, i thank you all for your advice , and assistance with out people like your selfs most of us would be lost
many thanks
helltitan

Always happy to help helltitan!!

nem

[FlamingParrot]

Re: my friend cabot financial

Good Evening all , had a fantastic letter today could do with some advice, not even sure this letter is genuine , as have logged in to moneyclaim today entered all info and come back with error in claim no and password . many thanks helltitan

It looks real, MCOL often have problems, you can give their helpdesk a ring tomorrow. Failing that, you can acknowledge service by email. Email ccbcdefendants@hmcts.gsi.gov.uk. In the subject heading you write CLAIM xxxxxx CABOT -V-HELTITAN - ACKNOWLEDGMENT OF SERVICE. You can then complete the acknowledgment of service form N9 ticking the box that says you intend to defend all of the claim, scan and attach to the email. :typing:

also may add no barcode on claim form aswell as stamp not stating which court

Most money claims are issued electronically via the Northampton Bulk Centre.

Thanks Nibbler,
Guess ill need to deal with this , i have not relayed to the claim as of yet , from reading the post i need to request a cca from restons solicitors . it seems the general defence is lack of documentation from the solicitors, and the acknowledment of service
many thanks helltitan

You need to send the CCA request to CABOT and the CPR request to RESTONS. You can't defend arguing lack of documents yet, just acknowledge service, then you'll have a total of 33 days to file a defence.

hi Nemesis , thanks for the reply , the above claim is for a credit card , i have not contacted or replied to the court , recieved letter today

also where can i find info regarding if this claim is barred , i think that the correct term .
ty

You mean statute barred? That would be if there's been no payments or written acknowledgment in at least six years. You'll need to go back to your own records or contact the original creditor to find out when you last made a payment, any idea around what year that would have been?

Statute barred is an absolute defence. :grin:

[helltitan]

Re: my friend cabot financial

Good morning flamingparrot
Thank you for your reply i think that the last payment may have been around 2009/2010 so may not be statute barred. once again thank you all for your constructive replays and assistance. wiil post cca and cpr to the relevant parties this morning and see what comes back.
Many thanks
helltitan

[FlamingParrot]

Re: my friend cabot financial

Good morning flamingparrot
Thank you for your reply i think that the last payment may have been around 2009/2010 so may not be statute barred. once again thank you all for your constructive replays and assistance. wiil post cca and cpr to the relevant parties this morning and see what comes back.
Many thanks
helltitan

Morning

If it was in 2009, it would depend on when in 2009, bearing in mind the clock stopped when the claim was issued. It may be worth digging a bit deeper to find out as there's quite a difference between defending on the basis of SBd and defending on the basis of no documents provided. The burden of proof is on the claimant to establish a debt is not SBd. :thumb:

[helltitan]

Re: my friend cabot financial

Afternoon all, thank for ur replays and assistance have drafted 2 letters to cabot and restons if u could just check these for me before i send that would be wonderful many thanks helltitan

[helltitan]

Re: my friend cabot financial

Also am still unable to respond to moneyclaim still telling me password claim number invalid will send off acknowledgment of service via form n9 in the response pack , i have also rang the court no one answers rather odd for a court really.
still many thanks
helltitan

[nemesis45]

Re: my friend cabot financial

Also am still unable to respond to moneyclaim still telling me password claim number invalid will send off acknowledgment of service via form n9 in the response pack , i have also rang the court no one answers rather odd for a court really.
still many thanks

helltitan

Hi helltitan,

The letters are good to go!!
signed for post on the CCA request and check delivery date the `12 + 2 Working days starts then.
NCCBC is incredibly busy probably thousand waiting to get through.
Acknowledgment by post is fine use signed for post for safety.

nem