Cabot financial vs BrightonHove2016

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

It's £508.76 Inc costs.

So Cabot can refuse my request to submit additional evidence? I'm so worried now.

I've had a look at the courts processes and it seems I can submit information to the ccbaq@hmcts.gsi.gov.uk email address, which I have done.

[Noah]

Re: Cabot financial vs BrightonHove2016

As I said, wait until someone with actual court experience comes along because I do not know. My thought was that as you were being advised to amend your defence it is a possibility
[MENTION=2]Celestine[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION]

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Thanks Noah. I appreciate your help.

[Guest]

Re: Cabot financial vs BrightonHove2016

Thank you.

So I've read the guidance, I just wanted to ask whether I've understood it correctly;

So I, Print the N244 form, fill in the details etc, I understand that, but do I simply need to put in the application part exactly that I wish to change a previously submitted defence? Do I need to request a hearing on this form?

Then print the defence form I filled in from money claim online, strike through the incorrect defence in red, write the updated defence in red, then post this along with the N244 to the court.

Lastly, I've emailed Cabot stating that the alleged debt is statute barred. Are they likely to continue the claim with this knowledge? Obviously any judgement would be invalid right?

Sorry if I'm being a simpleton, I have no experience of the court system

Thanks

No, the judgment wouldn't be invalid. Statute barred is a procedural defence, that means you need to defend the case on those basis. The court has no way of establishing whether a debt is statute barred or not so they cannot invalidate the judgment.

You should try to get the claimant (Cabot) to agree to your amending the defence in the first instance. You need their written consent. You could explain that you have sought advice and become aware that the debt was statute barred when the claim was issued. If they refuse, you will need to seek permission from the court.

You say you emailed them telling them the debt is statute barred. You could tell them that continuing with the claim would constitute abuse of the court process.

[Guest]

Re: Cabot financial vs BrightonHove2016

No
If a judgement is entered it would then be up to you to try and get it set aside and that is not a certainty
There are 1000's of default judgements entered every year and some of those will be 'invalid' because the debt is Statute barred or there is no agreement etc

I do not know if there is a fee with the form you are filling in but if you are on a low income you can apply for fee remission

There is no such thing as an invalid judgment, only the possibility to have one set aside in certain cases.

There will be a fee payable, check to see if it's still £155 as those things change. You could qualify for fee remission, see Form EX160.

Thanks Noah,

I understand there may be a fee, it's the process for submitting the N244 that I'm unsure of.

As I've submitted a defence, is a default judgement still possible?

No, not default judgment but if your defence lacks merit they could apply for summary judgment.

I'd try to get them to discontinue the case on the basis that the debt was statute barred when the claim was issued and it would be an abuse of process to continue. If they refuse, try to get them to agree to your amended defence. That way you can show you have followed a process and tried to save time and hassle. Do keep us posted.

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Thank you so much for your assistance. I'm going to do as you've advised. I will let you know how I get on.

Thanks!!

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Hi all,

Thought I'd let you all know that I found that Cabot's FCA authorisation has lapsed, so I emailed a contact at the FCA, who has assured me that they will be investigating them for operating without a license.

This makes me very happy indeed, as I'm sure this makes any litigation from them moot.

Cheers!

[Noah]

Re: Cabot financial vs BrightonHove2016

I think that this has already been investigated and found to be lawful. Well if not lawful , being allowed. I seem to remember something being posted on here by PT2537 which I assume was about them

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Good evening,

I was wondering if anyone could answer a question for me;

I filed a defence to this claim, and I sent a lether via recorded post to the claimaint and the claimants solicitors stating that this debt is statute barred.

I haven't received a reply from them, or even an acknowledgement that they received my letters.

I was wondering how long they had to proceed with the claim, or what the process is now. Is there a time limit for them to proceed before it becomes impossible for them to do so?

Thanks in advance,

[Amethyst]

Re: Cabot financial vs BrightonHove2016

Have you had a letter from the court telling you your defence has been sent over to the claimant ? usually they have 28 days from when they receive your defence to get back to the court, if they don't the case is put on hold ( stayed ). It is at that point you can write to them and suggest, respectfully, that they withdraw the claim, as you intend to make an application to strike out their claim/ for summary judgment as they have failed to produce any documents to evidence their claim.

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Hiya! Thanks for the reply!

Yes - I received a letter a few days after submitting the defence which said it had been forwarded to the claimaint.

So by my reckoning they have around two weeks to go. Once a claim is stayed it can't be progressed any further? Or I guess they would need to specifically re-open the case again?