Cabot - Halifax Credit Card - Cabot now started Court Action - Help Please ***SETTLED***

[lamb909]

Very interesting Ripped, thanks for that, lets hope I'm lucky eh?

 

Have contacted the court, defense must be filed next working day after 5th June so that makes it 6th June. I asked if Morgans had informed them about extension, he said no and that he wasnt trained to say whether judgement would/could be entered

 

Also called Morgans yesterday who say they don't e-mail letters and a letter has been sent and I should receive it by the end of this week, called them again today and they refused to e-mail me it again. Will see if any post comes today.

 

If anybody reads the link Ripped has kindly posted, could you tell me if there is anything in there I could use with my defense. Cheers

[the_shadow]

As I've stated in #223 its YOUR responsibility to advise the court of the extension, not the claimant... this is written into the CPR.

 

WHEN you get the letter, photocopy it and send it together with a letter to the courts quoting the claim ref number and advise them of the extension.

 

S.

[gettingsorted]

Any chance of some help please - I'm heading down the same route I think !

http://www.consumeractiongroup.co.uk/forum/showthread.php?278373-Citi-Cards-and-Cabot/page5&highlight=

Thank you

[lamb909]

Morning folks

 

Well, after lots of phone calls I have today received an e-mail from Cabot/Morgans confirming the extension of time for my defence, I now have until 4pm on 4th July in which to do, the bloke I spoke to this morning seemed somewhat confused and seemed to want to extend the time form he date I should have filed my defense, which was not originally said to me, but I'm happy with it. he sent me an e-mail ssying this and there was an attachment that said the same but was addressed to the court so i called the court, got their e-mail address and e-mailed it all to them.

 

Now I'm a bit stuck, if I remember rightly I cannot start getting my defense ready until they send me stuff I asked for in my CPR request, is this correct? How long should I wait as these numptys do not seem to know what is happening, and get a bit fluffed when I speak to them.

 

If I start complying my defense now, i'm not sure what to put as already stated in this thread by helpful members all I've got is a recon agreement so therefore I can only say "the claiment has only provided me with a recon agreement" and have no idea what Cabot will come up with.

 

Am I getting it right? if so how long should I wait for them to reply now, asthey were only given 7 days in my CPR request and they didn't reply within that timescale, could they now wait until last minute to send me all I've asked for therefore giving me no time to file a defense

 

Any help muchly appreciated

[lamb909]

Bump, just in case anybody has a spare minute or two

[caro]

Email Cabot back and ask them when you can expect them to comply with your request, as the time has already passed and you need them in good time to deal with your defence.

[DonkeyB]

I thought the extension was for a maximum of about 56 days? Does that date fit with the original claim date?

[lamb909]

I thought the extension was for a maximum of about 56 days? Does that date fit with the original claim date?

 

Not sure Donkey, as I said the man seemed a bit wound up and said "so we'll just let you have an extra 28 days from now.

Claim was issued on 3 May so more than 28 days, I have the e-mail from them and an attachment that they sent to court

 

Dear

 

Cabot Financial (UK) Limited v.

Claim Number

 

We write with regard to your telephone call to our office this morning. We enclose herewith a copy of a letter sent to Court today confirming that an extension of time has been agreed for you to file your Defence by 4th July 2011 at 4.00pm.

 

We trust that this assists.

 

We should be grateful if you would confirm receipt of this email .

 

Yours faithfully,

Morgan Solicitors

In-house Litigation Department for Cabot Financial (Europe) Limited

5 Mitchell Court

Castle Mound Way

Central Park

Rugby

CV23 0UY

Tel.: +44(0) 1788 556390

Fax.: +44(0) 1788 578130

DX 11678 RUGBY

[lamb909]

I can't attach the attachemnet of the letter they sent to court as it won't let me remove my personal details, its on Adobe Reader

[the_shadow]

As Caro has stated, you need the info from Cabot to defend the claim, pointless them extending like this... what they need to say is they'll give you 28 days from when they have complied with the information request previously sent.

 

S.

[caro]

As Caro has stated, you need the info from Cabot to defend the claim, pointless them extending like this... what they need to say is they'll give you 28 days from when they have complied with the information request previously sent.

 

S.

 

If the extension is in order to get documents and they aren't forthcoming before the deadline, would it be appropriate to apply for a strike out of the claim Shadow?

[lamb909]

[the_shadow]

If the extension is in order to get documents and they aren't forthcoming before the deadline, would it be appropriate to apply for a strike out of the claim Shadow?

 

Yep IMO,

 

it needs to be made clear to Morgans that such an application will be put in unless they show the documents and that any costs in application will be sought from them in any proceedings. I doubt a strikeout will come but if the draft order gives the alternative of an unless order it stands a good/better chance of the judge accepting and issuing it.

 

S.

[DonkeyB]

This is wrong. Their letter is wrong. The extension is not to allow you to file a defence. It is to allow them to respond to CPR. When you write to the court with a copy of this, ensure you make this clear in your letter, and include their correspondence to date. Their letter implies the delay is your fault. It is not.

 

The letter should have said they have XX amount of time to respond, then give you, say, 14 days to file a defence.

 

Need some good legal help here – out of my depth, but I smell a rat.

[The Mould]

This is wrong. Their letter is wrong. The extension is not to allow you to file a defence. It is to allow them to respond to CPR. When you write to the court with a copy of this, ensure you make this clear in your letter, and include their correspondence to date. Their letter implies the delay is your fault. It is not.

 

The letter should have said they have XX amount of time to respond, then give you, say, 14 days to file a defence.

 

Need some good legal help here – out of my depth, but I smell a rat.

 

Hello Donkey

 

You are not out of your depth here dear fellow, very good advice for the Lamb. As for the rat, yes indeed, that's a fundamental problem faced by LIP's who have to deal with the sewage dwelling creditors and their legal reps:lol:

 

Lamb, get on top of this situation on Monday, email claimant and ask for confirmation of the date by which you shall be in response of his reply to your said CPR request. As said, notify the court in your letter in respect of you awaiting a full response from the claimant to said CPR request in order that you may prepare and file a sufficiently particularized defence to the claim.

 

Kind regards

 

The Mould

[lamb909]

Oh God, now I'm really worrying, when I phoned the court they just said e-forward the e-mail I had received including the attachment which I have done. I haven't sent a letter, they said there was no need. shall I now send a letter to court and tell them what I've been advised to say on here and e-mail Cabot regarding the same

 

Thanks for your help everyone

[the_shadow]

Posts 231 & 235

 

S.

[the_shadow]

Followed by posts 236 & 238 if they dont comply.

 

S.

[lamb909]

Is this ok?

 

 

Dear Sirs

Re: Cabot Financial (UK) Ltd V

Claim Number:

Further to your recent e-mail confirming that you will allow me an extension of time, until 4 July 2011 at 4.00pm, in which to file my defense.

Could you please inform me by which date I should expect to receive a reply from yourselves regarding the information I requested in my CPR 31.14 request as I need these documents in good time in order to prepare my defense.

I am under the impression that you should allow me a 28 day extension from the date you actually supply these documents.

I look forward to hearing from you by return of e-mail.

[BRIGADIER2JCS]

Sounds good to me.

[the_shadow]

Looks good, now ensure you put on there "CC xxxxxxxxxxxx County Court" (Put Northampton bulk court if thats where it is at present) at the top and send the court a copy of the letter asking them to put it on file.

 

S.

 

The aim is to let cabot know you are keeping the court informed of the delays they are causing.

[The Mould]

Is this ok?

 

 

Dear Sirs

Re: Cabot Financial (UK) Ltd V

Claim Number:

Further to your recent e-mail confirming that you will allow me an extension of time, until 4 July 2011 at 4.00pm, in which to file my defense.

Could you please inform me by which date I should expect to receive a reply from yourselves regarding the information I requested in my CPR 31.14 request as I need these documents in good time in order to prepare my defense.

I am under the impression that you should allow me a 28 day extension from the date you actually supply these documents.

I look forward to hearing from you by return of e-mail.

 

Good afternoon Lamb

 

Godzilla to the above email.

 

Are you able to start drafting your defence while you await receipt (if any) of the documents the claimant sends in response to your CPR request?

 

I think you should at least begin to start said draft, you can write it in skeleton format in readiness to apply the amendments based upon claimant's said response to CPR 31.14/31.15.

 

Kind regards

 

The Mould

[lamb909]

just typed letter to send to court and bloomin well run out of ink, will it be ok to send tomorrow/tuesday?

[lamb909]

whats that on post 248?

[lamb909]

Hi The Mould, this is as far as I have got, I know its probably not right but not knowing much *or indeed any) legal jargon, I'm pretty stuck to be honest

 

 

In the Northampton County Court.......................................................................................Claim No:

Between:

 

Cabot Financial (UK) Limited

 

 

And

 

 

Lamb

 

 

I, Lamb, age 21 of 33 of 33 Debt Street, DCATown, CRAP BOT am the Defendant in these proceedings and I make this statement in defence to the claim

 

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale at all

 

Without Disclosure of the relevant documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974.

 

The Claimant has failed to issue a valid Default Notice as required under s. 87 Consumer Credit Act 1974 thus making any termination of the agreement unlawful.

 

The Claimant has failed to issue a Notice of Assignment and therefore is unable to prove that

The Claimant has any right to bring this claim or indeed that the alleged debt has been assigned to the Claimant.

 

The Claimant has not provided a Statement of Truth to the Defendant stating that this reconstructed agreement is a certified and true copy of the original therefore the Defendant is unable ………………………………………………………..

 

The Claimant has not provided a Notice Of Termination…………………………………

 

The Claimant has informed me in writing that The Claimant will not correspond with me further in this matter thus………………………………………….