cabot/? claimform - old Cap1 card 'debt'

[mercyblue]

I think that would be a very dangerous assumption to make Martin.

Usually the rules do make logical sense.

Lets take the particular rule here that we're interested in.

 

If you couldn't apply for a default judgement after an aos is filed then clearly all you would need to do is file the said aos to block any chance of a default judgement.

 

That "trick" would rapidly become well known and default judgements would become an impossibility (which you may say is no bad thing ).

 

Clearly this rule is there to stop this happening otherwise you could stitch up the claimants merely by submitting an aos you wouldn't have to bother with a defence it would undermine the entire civil justice system!

 

I have commented on this on aboutsmallclaims.

 

In this case even if a defence is entered now I don't think it stops the claimant applying for a default judgement.

 

The conditions of 12.3 are still met from the rule

 

"the relevant time limit for doing so has expired"

Well the relevant time limit has expired. Is it in the interest of justice to accept a defence at this late date, probably but is there some rule you could invoke?

[turtleautos]

Update for you folks

 

Your acknowledgment of service was received on 21/01/2016 at 08:02:09

 

Your part admission was submitted on 26/02/2017 at 17:58:40

 

Your part admission was received on 27/02/2017 at 08:02:34

 

and i have heard nothing back since feb is there a next step to take or just leave it

[dx100uk]

why did you part admit?

[turtleautos]

why did you part admit?

 

 

admitted what i actually spent £300 the rest was all of there charges that i didn't admit to

thought it was a good idea at the time

[dx100uk]

so you ignored post 15 advise...guarantee ccj if you part admitted...

 

I think you'll find you now have a ccj which is why you've heard nowt.

check your credit file

[turtleautos]

Nothing on my credit file and doesn't say on MOL ccj issued

 

 

i have heard that Cabot Financial (UK) Limited is not licensed any more is that true???

[dx100uk]

covered by their groups licence

 

i'd leave things be then.