CCJ Claim CABOT FINANCIAL Need help!

[jonrudge]

Hi,

Ive just recieved a CCJ Claim form from Northampton CC. This is listed as claimant CABOT FINANCIAL UK LTD and the solicitor dealing is MORTIMER CLARKE SOLICTIORS LTD.

The debt if any debt as i honestly cannot recall it would be statue bared. Also I did not have an account with CABOT but as its says its to do with a Bank Of Scotland AQUA Card.

Ive seen the idea of submitting 2 letters to both CABBOT and the solicitors. Can i please have some help on what the letters are. Dont want to mess this one up.

Many Thanks

[Amethyst]

Re: CCJ Claim CABOT FINANCIAL Need help!

The basic first steps is http://www.legalbeagles.info/forums/...it-Court-Claim

( dropping and running I'm afraid just got your post on my way out - I'm sure FP or Nem will be along with proper help in a minute xx )

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Thanks. Only trouble is they dont mention an account number. How would i proceed with that?

[Kati]

Re: CCJ Claim CABOT FINANCIAL Need help!

can you post up a redacted copy of the claim form? Or type up the "Particulars of Claim"?

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Ive attached a pic. Hope this helps. No more info on it. Thanks for looking

[FlamingParrot]

Re: CCJ Claim CABOT FINANCIAL Need help!

Hi,

Ive just recieved a CCJ Claim form from Northampton CC. This is listed as claimant CABOT FINANCIAL UK LTD and the solicitor dealing is MORTIMER CLARKE SOLICTIORS LTD.

Hi
Ah, that would be the branch of Cabot whose FCA authorisation has lapsed. :grin: We'll come back to that a bit later.

The debt if any debt as i honestly cannot recall it would be statue bared. Also I did not have an account with CABOT but as its says its to do with a Bank Of Scotland AQUA Card.

You would never have had an account with Cabot as such since they are debt purchasers, they only buy defaulted accounts. Did you have an Aqua card at some point? If so, they'd have bought this debt from Bank of Scotland. If you've made no payments or written acknowledgments in the last six years on this account, then it would be SBd. :thumb:

Ive seen the idea of submitting 2 letters to both CABBOT and the solicitors. Can i please have some help on what the letters are. Dont want to mess this one up.

Many Thanks

The basic letters would be a CCA request to Cabot and a CPR request to Mortimer Clarke. However, your first step should be to acknowledge service of the claim which you need to do within 14 days. See here for detailed instructions, and note that, unless you are not in England and Wales, you shouldn't tick the box that says you want to contest jurisdiction: http://www.legalbeagles.info/forums/...313#post499313

Once you do that you'll have up to 33 days from date printed on claim to submit your defence. Having said that, if they don't supply you with the documents, you can ask the solicitors to agree to a 28 day extension, and Mortimer Clarke, unlike others, usually do agree. That being the case you'd have to inform the court in writing.

Below are the basic first steps including links to the two letters you mention:

So, first steps (within 14 days of receiving the claim)

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 )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

For the CCA request, they should respond in 12+2 working days, Cabot will very likely send a letter saying they are waiting to get the documents from Bank of Scotland and it will take them 40 days. There is no need to chase the CCA request as non-compliance is a bar to enforcement. :thumb: There is a £1 fee for the CCA request.

The CPR 31.14 request goes to Mortimer Clarke (no fee required), they should respond in 7 days and you do need to chase this one up if they don't. :thumb:

Send both letters recorded delivery. :typing:

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

Thanks very much. One question as i dont have an account number what do i put on the CCA?

[FlamingParrot]

Re: CCJ Claim CABOT FINANCIAL Need help!

Thanks. Only trouble is they dont mention an account number. How would i proceed with that?

If you haven't got the account number, you can just use the claim number as reference. If they've issued a claim, they should know what account it refers to.

Ive attached a pic. Hope this helps. No more info on it. Thanks for looking

The particulars are sparse but that's usually the case. :mmph:

Based on the bits they mention there, on your CPR request you can ask for a copy of the following:

• The agreement
• The termination notice
• The notice of assignment

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

thankyou very much. Will do these today and let you know how i fair. Have a good day

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help! UPDATE

Hi, I sent both the letter on the day of my last post and have recieved these two attached. Firstly i did the notice of service to allow me 28 days. Are they suggesting a further 28 days on the letter?

Whats my next course of action please and how do i respond.

Many Thanks in advance

[judgemental24]

Re: CCJ Claim CABOT FINANCIAL Need help!

cannot open the attachments

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

they seem to be ok my end. shall i try again?

[judgemental24]

Re: CCJ Claim CABOT FINANCIAL Need help!

i am getting

Cannot be displayed due to errors

[jonrudge]

Re: CCJ Claim CABOT FINANCIAL Need help!

1st one

- - - Updated - - -

2nd one

[judgemental24]

Re: CCJ Claim CABOT FINANCIAL Need help!

Great, can read it now

First thing you send a copy of that letter to the Court and Cabot BY EMAIL saying you agree to the 28 extension under CPR 15.5 to file your defence

And as for them asking what documents you already have in your possession

They can go and take a running jump

It is for them to prove the claim, not you assist them