Hello thanks for your welcome

[Gunnerb12]

Have a court claim
Need some advice
Thanks

[nemesis45]

Re: Hello thanks for your welcome

Have a court claim
Need some advice
Thanks

Good Morning, welcome to LB.

Please post a copy of the claim form (N1) after removing all personal information and the claim number. (if you have a problem with this I am sure [MENTION=49370]Kati[/MENTION] site team will help)

Alternatively type in the particulars of claim word for word and give us some history of the debt.

nem

[Gunnerb12]

Re: Hello thanks for your welcome

Morning
The issue date was the 8th April
Received 11th
Have sent acknowledgement of service via moneyclaim
I will defend claim.
First question?
Amount claimed on front of form is different to particulars of claim by One thousand pounds
ie Amount claimed 330.10
Particulars of Claim box
The claimant therefore claims 1.330.10

Please note the figures are an example. The claim including
Costs is about One thousand pounds
But they have filled form in wrong
The claimant is cabot
And they are using a local solicitor
I am slightly concerned about security, surely these companies monitor the site.
Comments appreciated

[Kati]

Re: Hello thanks for your welcome

I am slightly concerned about security, surely these companies monitor the site.
Comments appreciated

So long as you remove identifying bits (names, reference numbers etc...) you'll be fine While the companies involved almost certainly do monitor the forums, they start so many court cases a week that it would be almost impossible to figure out who you are from the basic info you post up xx

[Celestine]

Re: Hello thanks for your welcome

Good advice.

Each debt purchase company - Lowell and Cabot, issue well over 10,000 claims a month, it would be impossible for them to tally every single thread with a live court case.

Personally, I'd recommend removing all personal details obviously but also round up or down monetary amounts. e.g. if the claim is £312.49 I would describe it as £300. That way they cannot identify you.

Also, remember, nothing we are advising here is secret or necessarily unique to your case. If you are going to defend it will be because there is a substantial dispute about their compliance with CCA 1974 or that the debt is time barred under Limitation Act 1980 or that the debt is entirely made up of unlawful charges or PPI for example.

Look forward to hearing more.

[Gunnerb12]

Re: Hello thanks for your welcome

Later on today
I will reply in detail
Many thanks in advance

[Gunnerb12]

Re: Hello thanks for your welcome

Hope this is enough details
Claimant. Cabot FInancial (Uk) limited
Kings Hill etc.
Address for sending documents
Mortimer Clarke Solicitors Ltd
Worthing
Defendant
Particulars of Claim
By an agreement between Express Gifts T/A Ace & the Defendant dated 18/08/2008 (the agreement) Express Gifts T/A Ace agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the claimant.
THE CLAIMANT THEREFORE CLAIMS 1.785.28

However in righthand box
Amount claimed 785.28
Court fee 60.00
Legal represen.
costs 70.00
TOTAL
AMOUNT 915.28 !!
Although I have changed figures, the point I made in previous post is, that they have added a thousand pound onto the original amount in the particulars of claim.
Do I ask court to throw this out now or use it later in my defence. ?
In my credit profile, cabot took over the lower amount.
I have to my knowledge not signed a credit agreement
ever. There are other things I want to ask as I can't remember last payment to them etc.
Your opinion on different amounts would be valued
Regards

[Celestine]

Re: Hello thanks for your welcome

I wouldn't panic, this is helpful.

These companies issue thousands of claims weekly and they do make mistakes....big ones lol.

As a litigant in person, I would not apply to strike the claim and all that malarkey because ultimately the court will just let them amend it and the claim will continue.

Far better to just use it to good effect in your defence. I think we can safely assume the true amount is 915?

[Gunnerb12]

Re: Hello thanks for your welcome

Thanks
Just under 900 quid plus costs
Do I use your templates for my defence, and write to cabot and solicitors as well
Regards

[Gunnerb12]

Re: Hello thanks for your welcome

Morning
Apologies for delay
At the moment I haven't a printer
Is hand written letters ok?
Am about to write to cabot and local solicitor
Received claim 11th April.
What is the latest filing for them to receive defence.
bearing in mind May Bank holiday.
Many thanks

[nemesis45]

Re: Hello thanks for your welcome

Thanks
Just under 900 quid plus costs
Do I use your templates for my defence, and write to cabot and solicitors as well
Regards

Yes use the templates but remember these are intended for guidance and must be edited/amended to suit your case.

nem