Cabot County Court Claim Form - Page 2

mrrj · 14th June 2007, 21:38

you may want to send a letter to the courts telling them you have requested a doa , ca and statements from cabot. I did this and the judge ordered cabot to supply them , this gives you a good case if they fail.

joghuj · 20th June 2007, 10:36

Hi all, thanks for your ongoing advice.

I've filed an aknowledgement of service - defending all of the claim.
I also received a reply from Cabot from my earlier request;

"We have today contacted RBOS to investigate your query, and hope to resolve this matter swiftly.
Although we anticipate a reply within the next 21 days, it can take up to 8 to 10 weeks if the information we require has been archived, and we therefore request your understanding in this matter."

Should I be writing to the court yet or not? What exactly do I need to be preparing for and when should my defence be entered?

Thanks again.

1970 · 20th June 2007, 16:59

Thats the same reply I got. It seems the best way forward is to follow the advice on my thread. It seems to have come to a standstill in my case. Not a word from Cabot.

1970

joghuj · 25th June 2007, 10:42

OK, I've read through your thread. Should I be now sending the same defense that you entered here http://www.consumeractiongroup.c o.uk/forum/cabot/87356-1970-vc-cabot-yes-3.html#post883263
My defense should be at the court by the 3rd July, should I send it now or wait until nearer that date? Any specific advice would be appreciated.

tomterm8 · 25th June 2007, 10:58

Hi,

Did you send both letters by special delivery / registered mail? Have the soliciters hired by Cabot recieved them?

EDIT: Also, was this claim in the name of Cabot or the Original Creditor (OC)?

joghuj · 25th June 2007, 12:07

The claim was from Cabot.
Both letters were send special delivery to Cabot and they have received them. I cannot be certain that they have passed them to their solicitor though. When I sent the letters, Cabot had not informed me of any solictor acting for them and no soictor had contacted me until after I sent the letters.

tomterm8 · 25th June 2007, 15:00

I would wait a while for them to send the replies (if any). If they don't send you the required information, you would submit what i call a "placeholder" defence, basically saying they are naughty boys who haven't sent you any of the required information and have prevented you filing a proper defence, and asking the court to allow you to amend the defence latter.

the defence mentioned in 1970's post isn't really relevant (yet) as they haven't tried to claim they don't have the obligation to supply a credit agreement under the CCA 1974. In 1970's thread, they tried to claim this, but their logic just doesn't match up with reality.

Special delivery should get your response to the court the next day.

elizabeth1 · 25th June 2007, 16:21

Quote:

Originally Posted by joghuj

The claim was from Cabot.
Both letters were send special delivery to Cabot and they have received them. I cannot be certain that they have passed them to their solicitor though. When I sent the letters, Cabot had not informed me of any solictor acting for them and no soictor had contacted me until after I sent the letters.

I am curious - who signed the claim form from Cabots? On the claim it will have a name & position of whoever sent it to you - can you read who it says by any chance?

bbcoops · 25th June 2007, 18:43

I also had a court claim from Cabot.
sent cca to Cabots, when nothing arrived I wrote to the court and told them I felt Cabots were withholding information and therefore I could not form a defence, the court give them a time scale and still nothing arrived. The case was Struck Out. So all the best with this claim.

joghuj · 28th June 2007, 13:23

Thanks for the encouragement Bbcoops, hopefully mine will go down the same path.

This morning I received this letter from Cabot, I think I've read similar stuff in other threads. The letter is addressed and signed from Cabot Financial (Europe) Limited, although refers to Cabot Financial (UK) Limited.

Any advice please anyone? I need to have my defense with the court by next Tuesday.

Thanks

We refer to the above referenced account.

Cabot Financial (UK) Limited, formerly Kings Hill (No. 1) Limited, which is part of the Cabot Financial group of companies, purchased your account from Barclaycard and therefore Cabot Financial (UK) Limited is the legal owner.

The rights but not the duties were assigned to Cabot Financial (UK) Limited in dealing with your account and therefore we are legally entitled to collect.

We will assist you in providing a copy of the agreement and statement of account but please note that we are not obliged to as we are not the creditor. In view of the fact that we are not the creditor we are also returning the fee of £1.00 to you as this is not applicable.

We will also arrange for a copy of the Notice of Assignment to be forwarded to you. This letter constitutes written notice of the assignment under Section 25 of the Law of Property Act and therefore we have no need to provide a copy of the assignment deed itself.

Finally, we would advise that you are misconceived and misadvised when suggesting that non-compliance with your request would be a criminal offence; the agreement would merely be unenforceable.

Yours Sincerely
Cabot Financial (Europe) Limited

joghuj · 28th June 2007, 13:26

Quote:

Originally Posted by elizabeth1

I am curious - who signed the claim form from Cabots? On the claim it will have a name & position of whoever sent it to you - can you read who it says by any chance?

Hi Elizabeth, the claim form was signed (printed) 'Cabot Financial (uk) limited'. The claimants section underneath is crossed out and I can't make out the name underneath.

Thanks

Seahorse · 28th June 2007, 15:09

You need to make sure that any reference in your defence is to Cabot Financial (UK) Limited, as it is they who are making the claim, as they think they are entitled to do as they claim to be the legal owner of your account.

Cabot Financial (Europe) Limited are a seperate company within the Cabot Group of Companies, and are the collecting arm of (UK), but don't own the account. They are in effect, Cabot Financial (UK) Limited's own in-house DCA. Although I suppose they would even dispute that.

Seahorse · 28th June 2007, 15:13

What are you using in your defence, by the way? No need to say if you would rather keep it off forum just now.

But do have a look at this thread though...

Just been to court/CL finance**WON IN COURT**

joghuj · 28th June 2007, 15:15

Quote:

Originally Posted by Seahorse

What are you using in your defence, by the way? No need to say if you would rather keep it off forum just now.

But do have a look at this thread though...

Just been to court/CL finance**WON IN COURT**

I'm not sure to be honest, I'm waiting for some advice from the forum.

joghuj · 30th June 2007, 11:26

Quote:

Originally Posted by tomterm8

I would wait a while for them to send the replies (if any). If they don't send you the required information, you would submit what i call a "placeholder" defence....

I need to get my defence sent on Monday, can you give me some guidelines for what I need to write as a "placeholder" defence please.

Thanks

tomterm8 · 30th June 2007, 12:00

Sure. Can you post the particulars of claim?

joghuj · 30th June 2007, 12:17

At the risk of sounding more stupid than I am, what do you mean by particulars?

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