Help needed Cabot

[Jayd123]

Hi,

Hope someone can help I got a letter from Northampton, CCJ,

I sent a letter to Cabot and to their solicitor.

Requesting the agreement I am supposed to have signed.

This is the problem I have.

I put all the correct info on the letter as I printed it twice for my own records today I received a letter from Cabot saying thank you for your request, however the reference you put is wrong and I can't seem to find that account.

I have checked and double checked I put everything correct. Are they just stalling?

The there issue is I sent the requests on the 8th of June....the letter I got
Today from Cabot is dated the 4th.

Any help would be greatly appreciated

Thanks

Jay

[nemesis45]

Re: Help needed Cabot

Hi, Welcome to LB,

OK was your letter a Formal Request under the provisions of sections 77/78/79 of the Consumer Credit Act 1974 (as amended) and accompanied by the £1. statutory fee?

I am presuming what you have received is a " Claim Pack" from the Northampton Count Court Business Centre?

The details of the claim should state the nature /amount claimed/ and from where the debt originates.

So if you quote the Claim No. and request " For the Agreement Mentioned in the Particulars of Claim Cabot should be able to recognise the which document is require, it sounds to me as if Cabot is once again making a claim with little or no details
as to what the claim arises from.

I suggest making a new request to Cabot with the required fee, (use the template from the forum library) and send by signed for post.

Cabot has 12 + 2 Working Days to Comply, non compliance within the time limit render the debt unenforceable until the agreement is produced.

nem

[Jayd123]

Re: Help needed Cabot

Hi,

Yep that is exactly what I sent, and with a postal order to which they returned. Shall I just send another request?

Worry I'm going to run out of time.

Thanks again

[FlamingParrot]

Re: Help needed Cabot

Hi,

Hope someone can help I got a letter from Northampton, CCJ,

I sent a letter to Cabot and to their solicitor.

Requesting the agreement I am supposed to have signed.

This is the problem I have.

I put all the correct info on the letter as I printed it twice for my own records today I received a letter from Cabot saying thank you for your request, however the reference you put is wrong and I can't seem to find that account.

I have checked and double checked I put everything correct. Are they just stalling?

The there issue is I sent the requests on the 8th of June....the letter I got
Today from Cabot is dated the 4th.

Hi,

Yep that is exactly what I sent, and with a postal order to which they returned. Shall I just send another request?

Worry I'm going to run out of time.

OK first of all, what is the date on the claim form? You have a maximum of 33 days to submit a defence from the date printed on the form.

You don't say whether you acknowledged the claim, you need to do that within 14 days of receipt or they can request judgment in default. :scared:

You need to acknowledge it if you haven't done so already, ticking the box that says you intend to defend the whole claim. You should be able to do that online.

In addition to the CCA request you are referring to, you also need to send a CPR 31.14 request to their solicitors (are they Mortimer Clarke?).

The CCA request goes to Cabot themselves not the solicitors. There is no need to chase this one as non-compliance is a bar to enforcement and the fact can be used in your defence, so no need to worry about running out of time. Knowing Cabot, they'll probably reply saying it will take 40 days to send you the documents.

The steps to be taken when you receive a claim are summarised below:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

[Jayd123]

Re: Help needed Cabot

When I got the pack I went online and put I was intending to defends

The date on the pack was the 6th June.

Yes it is Mortimer Clarke, and I sent them the CPR on the 8th the same date I sent the CCA To Cabot,

I'm yet to hear back from Mortimer Clarke.

Although I think they have 7 working days to respond?

If they do not respond in this time do I file my defense?

Thanks again for your help

[Kati]

Re: Help needed Cabot

33 days from date of issue gives you until the 9th July to submit your defence
http://www.timeanddate.com/date/date...&am=&aw=&ad=33

[FlamingParrot]

Re: Help needed Cabot

When I got the pack I went online and put I was intending to defends

The date on the pack was the 6th June.

Yes it is Mortimer Clarke, and I sent them the CPR on the 8th the same date I sent the CCA To Cabot,

I'm yet to hear back from Mortimer Clarke.

Although I think they have 7 working days to respond?

If they do not respond in this time do I file my defense?

Thanks again for your help

As Kati said above, you've still got a bit of time to file your defence. Once the 7 days are up, you need to chase Mortimer Clarke for the documents. From experience, in most cases, MC will agree to a 28 day extension to file your defence, that being the case you'd need to notify the court and the time would be added on top of your current deadline.

No need to rush. :ranger:

[Jayd123]

Re: Help needed Cabot

Thank you again for your help,

I'll send another letter to Cabot today.

When it comes to chasing Mortimer Clarke do I call them
Or chase by letter?

Thank you

[FlamingParrot]

Re: Help needed Cabot

Thank you again for your help,

I'll send another letter to Cabot today.

When it comes to chasing Mortimer Clarke do I call them
Or chase by letter?

Thank you

Post, phone or email are all OK, depending on how much time you've got. MC will often just offer a 28 day extension if you ask for the documents. That can be in a letter or an email, either way you should forward it to the court. If you ring them just ask them to send you an email saying they agree to a 28 day extension to file your defence. :typing:

[Jayd123]

Re: Help needed Cabot

Thank you, I'll let you know the outcome

[Jayd123]

Re: Help needed Cabot

Hi,

Chased Mortimer Clarke, they said that they have requested the documents from their client but don't know how long it would take.

Have not asked for a 28 day extension, just said file a defense with the court and they will let me know when they get the documents.

What do I do from here? How would I word this in my defense?

Will I need to go to court?

Thank you.

[FlamingParrot]

Re: Help needed Cabot

Hi,

Chased Mortimer Clarke, they said that they have requested the documents from their client but don't know how long it would take.

Have not asked for a 28 day extension, just said file a defense with the court and they will let me know when they get the documents.

That is really naughty of them because they are supposed to have the documents before they issue a claim and disclose them to you so you can prepare your defence based around what they've got.

What do I do from here? How would I word this in my defense?

You'll find an example generic defence based around no documents provided here: http://www.legalbeagles.info/forums/...t-Court-Claims

Will I need to go to court?

That will depend on how things progress from here. Upon receipt of your defence they will have 28 days to respond to the court and say whether they wish to proceed with the case. If they do, the court will send both sides directions questionnaires. It will be several months before there is a hearing scheduled if things go that far. :noidea:

[Jayd123]

Re: Help needed Cabot

Got a letter this morning saying Mortimer Clarke agree to a 28 day extension, and to inform the court,

How would I go about doing this?

Thank you

[FlamingParrot]

Re: Help needed Cabot

Got a letter this morning saying Mortimer Clarke agree to a 28 day extension, and to inform the court,

How would I go about doing this?

Thank you

Well done! I knew they would, they usually do. :clap2:

You just have to forward the letter to the court. I see Kati posted above your defence is due the 9th of July so no need to worry about the timing.

Once you inform the court, you've got 28 days starting from your previous deadline, i.e. from the 9th of July. :thumb: :thumb: :thumb:

[Jayd123]

Re: Help needed Cabot

Thank you so much for your help.

Would I just send the letter to Northampton business center?

Also what happens when the 28 days end do I just file my defense of o hear nothing, or should I chase it?