CCJ Claim CABOT FINANCIAL Need help!

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Is there any templates i can use for that. Does it add 28 to 28 days if you get me to allow them the 40 days?

Also do i reply to the 'what documents i have' request as in say i dont have any or just leave that one. Thanks in advance

[judgemental24]

Re: CCJ Claim CABOT FINANCIAL Need help!

No really

On the email header you put the claim number and mention Defence extension CPR 15.5 to both Mortimer Clarke and the Court.

Send to the Court and Cc: Mortimer Clarke as a recipient of the email at the same time.


Dear Sir/Madam

Please find enclosed my agreement to the extension to fle my defence under CPR 15.5

The claimant has requested this extension for which the defendant is in agreement

Yours sincerely

xxxx

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

ok great thanks. Does it give me 28 plus 28 or should i ask court to confirm when i would now need to file defence by. Thanks in advance

[judgemental24]

Re: CCJ Claim CABOT FINANCIAL Need help!

You have 56 days in total from date on claim form to file your defence

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

thanks very much, much appreciated.

[judgemental24]

Re: CCJ Claim CABOT FINANCIAL Need help!

I would take down those attachments as it still has your name on them

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Hi, Ive now had this response which obviously looks good. Whats my next move. The still have an open court case against me. I assume i need to send the court something or maybe even reply to the claim with this. Thanks in advance form your help.

[Amethyst]

Re: CCJ Claim CABOT FINANCIAL Need help!

Have you submitted any defence as yet ? ( not sure where we are timewise)

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

not yet. Cabbot agreed to an extension.

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Morning. Ive telephoned the court this morning. Spoke to a very helpful guy. Hes sent me a defence form. Hes told me to file a defence. Also to write to mortimer clarke and ask them if they are going to discontinue and submit a n279 form. What does my defence need to be. Ive obviously recieved the letter above from cabbot but not mortimer. I will include that in the defence but am unsure what wording to use. Help please as I need to submit defence by 4 pm. Thanks in advance

[Amethyst]

Re: CCJ Claim CABOT FINANCIAL Need help!

Have a look http://www.legalbeagles.info/forums/...t-Court-Claims for a good starting point xx

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Ive had a read. Looks awfully technical. Is there a simple response or shall i pick the relevant or all points from that. Thanks

[Amethyst]

Re: CCJ Claim CABOT FINANCIAL Need help! UPDATE

The defence basically says, the bank haven't given much info so I have asked for documents and they haven't given me anything so haven't proved their claim. You can cut it back to bones if you prefer - you sent CPR request - they havent sent docs - you sent CCA request - they haven't sent docs....


like



1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


8: In order to find out more information, on the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. On xx/xx/2015 I received a respond from Cabot Finanicual UK stating ADD QUOTE FROM LETTER

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Ive submitted the defence and included a copy of cabots letter. The man from the court said i need to ask the claimants solicitiors to file a n279 form discontinuing the claim. Is there a letter template or could i get some guidance with this.

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Hi, I've received a letter from the court stating they have received my defense and will pass it to the claimant. Ive also recieved a solicitors letter back a month ago stating its on hold until they find my paperwork. I was wondering where i go from here. I need the claim discontinued i assume as if they randomly find it in time to come can the proceed as before. Its 100% over 6 years now but may be on the edge when the claim was lodged.

Please can you help me get the claim discontinued and closed once and for all. Thanks in advance.