CCA never sent

[Diana M]

Re: CCA never sent

Can you please post copy (s) of those letters after removing your name and address and account numbers.

A redacted copy of the letter has been posted up in post # 61

Di

[nemesis45]

Re: CCA never sent

I have written to them and they've asked me to tell them why I believe the debt is unenforceable. There seems to be some conflicting advice on what to do next. I'm really not sure on my next move.

It's typical MC/Cabot I just love the way they refer to their client when MC is a wholly owned subsidiary of Cabot Financial Management.

They haven't demonstrated why their client believes the debt is enforceable at any point just quoting their " clients stance".

nem

[ajl75]

Re: CCA never sent

It's typical MC/Cabot I just love the way they refer to their client when MC is a wholly owned subsidiary of Cabot Financial Management.

They haven't demonstrated why their client believes the debt is enforceable at any point just quoting their " clients stance".

nem

Afternoon all.

So today the court claim form arrived. £85 added to the overall cost and I have to respond.

So my last piece of advice is being sought.

I cannot have a CCJ on my file for the next 6 years. It's only now getting better.

They've not sent me any legible terms and conditions as you've seen in this thread.

The question is; is it better to pursue this or pay it?

Many thanks

[nemesis45]

Re: CCA never sent

Afternoon all.

So today the court claim form arrived. £85 added to the overall cost and I have to respond.

So my last piece of advice is being sought.

I cannot have a CCJ on my file for the next 6 years. It's only now getting better.

They've not sent me any legible terms and conditions as you've seen in this thread.

The question is; is it better to pursue this or pay it?

Many thanks

Good afternoon,

This again is typical of Cabot/MC they are no doubt fully aware that the stuff they have provided is illegible for the most part.
Acknowledge the claim online at MCOL instructions are on the claim documents at this stage state intention to defend in full but do not make any statement in defence at this point.

You will then have 33 days from the date of issue on the claim form to decide what to do.

I'll try to find time to look through the documents again later today.

nem

[ajl75]

Re: CCA never sent

Good afternoon,

This again is typical of Cabot/MC they are no doubt fully aware that the stuff they have provided is illegible for the most part.
Acknowledge the claim online at MCOL instructions are on the claim documents at this stage state intention to defend in full but do not make any statement in defence at this point.

You will then have 33 days from the date of issue on the claim form to decide what to do.

I'll try to find time to look through the documents again later today.

nem

Thanks for your reply.

Can I clarify one thing?

If I dispute it and go down that route It won't become a CCJ will it? I'll still have the 28 days to pay the balance won't it?

Also, am I likely to incur any further costs?

Thanks again.

[nemesis45]

Re: CCA never sent

Thanks for your reply.

Can I clarify one thing?

If I dispute it and go down that route It won't become a CCJ will it? I'll still have the 28 days to pay the balance won't it?

Also, am I likely to incur any further costs?

Thanks again.

You can pay right up to the date of a court hearing if you need to. Or within 28 days if you lose and no CCJ will be recorded.

nem

[ajl75]

Re: CCA never sent

You can pay right up to the date of a court hearing if you need to. Or within 28 days if you lose and no CCJ will be recorded.

nem

Hi again,

I've started the defence process. Although I simply clicked on submit defence and left it at that. I know I probably appear quite needy now but what is my best approach now? Do I fill in my defence stating that the documents they've sent is poor and not enforceable??

Thanks so much again.

[Diana M]

Re: CCA never sent

I've started the defence process. Although I simply clicked on submit defence and left it at that. I know I probably appear quite needy now but what is my best approach now? Do I fill in my defence stating that the documents they've sent is poor and not enforceable?.

You only need to file the Acknowledgment of Service at this stage.

Wait until you get (or don't get) the response to your formal request for documents. Things can change. You have 33 days from the claim Issue Date (what is it?) to file your defence.

And you you definitely won't be telling them what's wrong with any paperwork they send because then they can correct the errors which you have kindly pointed out to them

Di

[ajl75]

Re: CCA never sent

You only need to file the Acknowledgment of

Wait until you get (or don't get) the response to your formal request for documents. Things can change. You have 33 days from the claim Issue Date (what is it?) to file your defence

Di

So file the AOS, and wait for the documents. What documents am I requesting?

Thanks for your response.

[Diana M]

Re: CCA never sent

So file the AOS, and wait for the documents. What documents am I requesting?.

I can see no one has suggested that you send a CPR 31.14 Request for documents mentioned in the Particulars of Claim.

So type up those (the POC) and then it'll become clear what you can ask to see.

Di

[ajl75]

Re: CCA never sent

Ok. Thank you very much.

Do I still complete the AOS?

[Diana M]

Re: CCA never sent

Do I still complete the AOS?

Yes you do

Tick the box which says you intend to defend all of the claim. Just don't enter a Defence yet.

Any problems then post up on your thread.

Di

[ajl75]

Re: CCA never sent

Thank you.

Last question. Am I right in saying that I send the CPR to the court offices??

Thanks again.

[joedempsey]

Re: CCA never sent

Thank you.

Last question. Am I right in saying that I send the CPR to the court offices??

Thanks again.

No you send the CPR request to the claimants solicitor.

[nemesis45]

Re: CCA never sent

Hi again,

I've started the defence process. Although

^^^^^ I simply clicked on submit defence ^^^^^

and left it at that. I know I probably appear quite needy now but what is my best approach now? Do I fill in my defence stating that the documents they've sent is poor and not enforceable??

Thanks so much again.

AJ do you mean you have submitted a blank page??

nem