Claim form received

[Rich3737]

I received a claim for on 24 Dec 2015 from Drydens Limited claimant Cabot Financial (UK) limited about a debt with capital one. I have not received any notifications from capital one for years and years the exact time I do not remember I then start getting calls and letters from Cabot and now a claim form. I am not sure what to do as I don't remember signing any agreements with capital one how do I challenge the fact that I don't own the money request information held and what letters do I send and what do I write back to the courts a say

[MIKE770]

Re: Claim form received

nemesis45

[Rich3737]

Re: Claim form received

I not heard any, so I have completed the acknowledgment of service and going to complete the CCA letter letter who do I send that to and is there another letter I should be writing

[Stu]

Re: Claim form received

Send the CCA to the claimant and CPR to the solicitors Cabot (Claiment) have 12 + 2 days to respond also send a £1 postal order with this and the solicitors have 7 days no monies needed if neither respond it is imperative to get your defence in on time ....

[Rich3737]

Re: Claim form received

The 7 day deadline for the solicitors to reply was today Saturday 16 Jan and I have heard nothing. I have read other post and it recommend I ring or email the solicitors and request if they agree to a extension date in my defence, as no response from the Cabot either. Also the issue date in the claim form is 22 Dec I went on line and completed the acknowledgement of service on the 5 Jan which was recieved 6 Jan. When do I write up my defence do I wait till the CCA letter date expires or just write to the court advising I have requested this information

[Rich3737]

Re: Claim form received

On 20 January I received a letter from the solicitors confirming receipt of correspondence and the account been placed on temporary hold until they receive details from the client. How long should I leave this and I still have not received details of the account from capital one. What is the next step ??

[Amethyst]

Re: Claim form received

Put in your defence

Their telling you the account is on hold means pretty much nothing, but if they have put in for default judgment you can argue the toss. there is an example defence http://www.legalbeagles.info/forums/...t-Court-Claims

[Rich3737]

Re: Claim form received

My defence was sent to the courts on the deadline date I then received a letter from the courts dated 26 January 2016 advising acknowledge of receipt of the defence. I was advised the claimant may contact me to date no contact the letter also states the claimant has 28 days after receiving a copy of me defence. After that period the claim will be stayed ???, the only action the claimant can take will be apply to a judge for a order stay to be lifted ??. Is there a time limit I can bring this to a end or is up to the claimant to dictate the time

[Rich3737]

Re: Claim form received

Can anyone help on my post from yesterday thanks

[Amethyst]

Re: Claim form received

The stay means the case is put on hold in the courts until the claimant decides to continue. The only way to push it to a conclusion is to apply to have the claim struck out - this carries a cost (£50 or £155) and potentially means a court hearing - and (from experience) most likely results in an order for the claimant to produce documents within a certain time period - or they will be struck out - so it does give you a time scale, but could work against you ( ie push them to get your docs sorted so they can carry on with the claim, and potentially you won't get your application costs back ).

[Rich3737]

Re: Claim form received

Thanks for the reply Amethyst. So I best off sitting and waiting till I hear from the courts. I take it there is no time limit which they can apply to a judge to have the order stay lifted

[Amethyst]

Re: Claim form received

There doesn't appear to be, no.

It does leave the case just hanging there in the background. If they do find the documents they are tending to just send you them and tell you they will apply for summary judgment.

If you get it struck out then they would have to apply to court and have a damn good reason why they should be allowed a second try - so that does tend to be the end of matters.

[Rich3737]

Re: Claim form received

I will wait and see what happens