superman007
-
Posts
13 -
Joined
-
Last visited
1 Follower
-
Hi everyone, Firstly sorry for the delay in updating, Good News! the claim has been sealed of by the court and discontinued shortly after i sent the consent order form. I want to thank Andyorch and everybody else who have helped me here.
-
ok Andyorch, i will do. Thanks alot
-
No, i have not agreed anything with cabot. I am just waiting for my CPR request as they said it will take a number of weeks to furnish. I don't understand what F & FS they are talking about. Im not sure if i should sign the consent order form?
-
Update, I have filed defence last month and after that i have received correspondences from the claimants solicitors. First letter says that 'Cabot' is unable to comply with my CCA request at this time and therefore returned the postal order. Second letter is where i need help. its says their client 'cabot' proposes that this claim be dismissed upon consent of both parties with no order as to costs. An 'Consent Order' form is enclosed for me to sign and return to them. The consent order form says: UPON THE PARTIES having agreed terms in full and final settlement of the claim AND BY CONSENT IT IS ORDERED that: 1 The claim be hereby dismissed. 2 There be no order as to costs including that any outstanding orders for costs in favour of either party shall not be enforced. Dated this day of 2014 ................................................................................... Solicitors for Claimant & Defendent Now, my question is why do they need this consent order form, can't they just write to court saying claimant want to dismiss without me signing? Or do i have to sign this form in order to get the the claim dismissed?
-
As mentioned above i have received Deed of Assignment (Account Sale Agreement) from the Claimant's Solicitors. Now, i want to ask if anybody knows if this fulfills the claimant's (Solicitors) duty under the cpr31.14 request. What's the difference between 'Notice of Assignment' and 'Account Sale Agreement'? Just to refresh again, this Account Sale Agreement that i received is 95% blacked out. It doesn't even have any dates written on it.
-
I have little time left for filing my defence. How do i write my defence based on the information from solicitors that my file is on hold until they get all required documents from their client - Cabot Finaincial. Can someone please guide me on a defence template.
-
theoldrouge, I dont have the original agreement so i don't know if it allows to add the interest or not. There is no PPI. There isn't much to read on The Account Sale Agreement because 95% is blacked out. There is 11 pages (22 sides) altogether. The definitions on the first few pages can be read and almost everything else is blacked out except the last signature page.
-
Even with their offer it would be very difficult for me. Their offer is for the original outstanding balance without the £1500 interest that was added. Yes i really really need to avoid a CCJ.
-
This is the pdf format received from solicitor in reply to my CCA request
-
I have received a reply to CCA request from the solicitor which in short says: 'as previously stated, we have requested the information you require from our client, Cabot Financial, and will return to you once this has been received. You file has been held while we await this information.' Enclosed with this letter i received 'Deed of Assignment' between CitiFinancial and CabotFinancial. At this stage, i really do not know what to do. Can someone please tell me how i should go about. I need to also write my defence to court very soon and again i need help on how to write this. As the solicitor is saying my file is on hold, how should i write this in my defence to the court. Is there a template? Can someone please enlight me
-
Reply to cpr31.14 received from Solicitor: We continue to act for the Claimant in the matter referred to above and write further to your letter, the contents of which we have noted. We have requested documents relating to our client's claim from our client. Please note that as our client is an assignee of your debt it may take a number of weeks to produce the requested documentation from the original vendor, CitiFinancial. We would also refer to the fact that a CPR Part 31.14 request is for documents reffered to in a Particulars of Claim - you have made explicit reference to this in your letter so we trust you understand this. You will note that our client's Particulars of Claim do not refer to all documents you requested and therefore you are technically unable to request them using CPR 31.14. You will note that we make no reference to a Default Notice in our Particulars of Claim at any point. Our claim is not for the amount you are in default , merely the outstanding balance. However, we want to resolve this matter without the need for protracted legal proceedings and so will still endeavour to provide you with the information you seek. Once we provide you with sufficient information relating to our claim which shows we have a valid claim against you we trust that you will be agreeable to entering into negotiations to replay this debt. If, in the meantime you would like to make an offer of settlement in relation to the outstanding balance of £4197.32 then we would be happy to refer this to our client for consideration. Your Sincerely Signature Wright Hassall LLP
-
poc: The Claimant is an Assignee of the following debts, notice of assignment having been given to Defendent in writing: CitiFinancial 4,197.32 Account no. XXXXXXXXXX Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of 4,197.32, interest under s.69 County Courts Act 1984 and costs.
-
Hi, I recently received a Northampton County Court Claim Form. I have started reading here but as time is short i urgently need help to save myself from getting CCJ. Now, the claimant is Cabot Financial and Solicitor is Wright Hassall LLP. The original lender is CitiFinancial. Back in 2009 i made a CCA request to CitiFinancial but they didn't provide proper copy of signed agreement (they sent their standard terms etc) and therefore i have not made any payments for nearly five years now. The Claim Form Issue Date is 15 January 2014. I understand 15+5 plus 14 days for acknowledgement to court and a further 14 days to file defence. So i need to file my defence latest by 17th January 2014. I have already acknowledged to court and have sent a cpr31.14 to solicitor acting for cabot and have received reply within a week. I will post the reply here shortly. I really need help as to the best way to reply back to the solicitor and help in writing up my defence to court. I have also sent a CCA request to solicitor with £1 postal order two days ago. I will post the poc here and the reply to cpr31.14 that i got. Please put your input.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS