Cabot Claim Form for Welcome Debt

[BRIGADIER2JCS]

Is in not the case that a creditor may seek and possibly achieve a judgement without sufficient "paperwork" enforce the judgement?

 

Most probably and a lot do if not challenged....hence default judgments (enforcing the agreement)

The point I am trying to clarify is:

Is the issue of a CC claim and the achievement of a judgement enforcement, or is the action of then getting a warrant of execution for example the enforcement?

[AndyOrch]

The enforcement is the judgment CCJ (enforcing the agreement) execution of the judgment then follows...CO/AoE/Third Party Debt Order/Bailiffs/Bankruptcy

[swampy76]

ok small update

 

after sending the relevant letters off i went on holiday.

 

I have returned to a letter from Cabots Solicitor saying they agree to me having an extra 28days to compile my defence and i need to inform the court in writing (hard to do as the orginal last day to defend is to day)

 

so what do i do now?

can i phone the court and tell them about the letter, then scan the letter and email them?

 

am i being sceptical in thinking it is them that needs the extra time to sort there evidence out?

[AndyOrch]

You need to submit a defence today then.

[swampy76]

You need to submit a defence today then.

 

ok, so what do i write in defence?

 

i do not know what paper work they have and intend to file against me.

what is it i write about SB

[AndyOrch]

Take a look at others..I know very little your thread.

 

Andy

[swampy76]

ok, so i have the info for the sb after some searching.

 

do i need to put anything about the sol extending the time i have to file a defence and that since sending the letters to Cabot i have had nothing back with regard to what evidence they intend to use?

[AndyOrch]

If its statute barred then you submit the statute barred defence ...nothing more...as you are submitting today their is no extended time to submit a defence therefore that is irrelevant.

 

Andy

[swampy76]

still nothing from cabot!

 

i have had a letter from the court dated the 19th august saying they have recived my defense and passed it on to claimant.

 

yesterday I got a letter from the solictor stating they had recived my defense and would pass it on to cabot, this letter was dated the 5th September, so it has taken them two weeks to aknowledge my defence.

the letter states they will place things on hold until cabot reply, is that correct?

as by my working ut from the letter I got from the court they have 28days from me filing the defence for them accept the defense or provide more information, is this correct, as by working out those 28 days end on monday.

 

if they dont reply inside that 28days does it automaticaly become stayed?

 

when they reply to my defense will get a chance to answer back to what they offer as evidence?

[AndyOrch]

still nothing from cabot!

 

i have had a letter from the court dated the 19th august saying they have recived my defense and passed it on to claimant.

 

yesterday I got a letter from the solictor stating they had recived my defense and would pass it on to cabot, this letter was dated the 5th September, so it has taken them two weeks to aknowledge my defence.

the letter states they will place things on hold until cabot reply, is that correct? Yes ...well they wont proceed in other words

as by my working ut from the letter I got from the court they have 28days from me filing the defence for them accept the defense or provide more information, is this correct, as by working out those 28 days end on monday.Just wait and see if they proceed forget the 28 days

 

if they dont reply inside that 28days does it automaticaly become stayed? Yes

 

when they reply to my defense will get a chance to answer back to what they offer as evidence?

Yes within a Witness Statement should they proceed.

 

Regards

 

Andy

[swampy76]

right then,

 

the 28 days passed at the start of last week.

 

since then i have not heard anything from the court, cabot or there solicitor.

infact since this began have had no correspondance from cabot not even for the proofs / paperwork i requested.

 

will i be informed if it is stayed?

[AndyOrch]

No...you have to ring the Court and check...but I assume it is.