cabot financial (uk) ltd, STAYED CLAIM

[luckydip]

LAST DECEMBER "CABOT FINANCIAL (UK) LIMITED" issued a claim, THIS claim got stayed because they did not reply to my submited defence within the 28 day time limit

anyhow yesterday 21/12/2021 ..... mortimer clarke wrote to me asking to put settlement proposals forward with in 14 days or their client would make an application to lift stay of proceedings and request summary judgement..

I NEED SOME ADVICE PLEASE, THANKS

[luckydip]

AM i correct in thinking that, Cabot Financial (UK) Ltd are not authorised by the FCA to issue legal proceedings

[Roger]

LAST DECEMBER "CABOT FINANCIAL (UK) LIMITED" issued a claim, THIS claim got stayed because they did not reply to my submited defence within the 28 day time limit

anyhow yesterday 21/12/2021 ..... mortimer clarke wrote to me asking to put settlement proposals forward with in 14 days or their client would make an application to lift stay of proceedings and request summary judgement..

I NEED SOME ADVICE PLEASE, THANKS

You need legal advice
@Colin G Quinn
"..I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.
.."
I suggest you email Colin or phone him !
Refer back to your AAD entry

[Still Waving]

Hi

Did they ever reply to your submitted defence? If they didn't, what grounds would they have for requesting that the stay be lifted?

[Colin G Quinn]

Hi,

What a lovely time of year to send you such a letter.

Yes, the Claimant is not authorised. Although that is a point of law, you would ideally have to have pleaded that in your defence. If not, it would be wise to apply to amend your defence. Realistically such an application shouldn't be refused as I'm guessing the Claimant's particulars of claim didn't plead it was not authorised.

In terms of any prospective summary judgment application; although it may be a veiled threat, it is often common for debt purchasing claimant's to leave cases stayed for a number of years before applying for summary judgment, either because they truly believe they have a case, or because they don't think a defendant will be able to argue the deficiencies in the same before a judge.

We've recently been instructed in a case whereby a Claimant issued a summary judgment application a few years after the claim was defended by a consumer. In that case we have applied to amend the defence and for the claim to be dismissed.

If the Claimant issues a summary judgment application they will likely ask the court to deal with it without a hearing and on the papers. That is known as an ex-parte or without notice application. That process is quite Draconian and, although the court should list a summary judgment application for a hearing, if they do ask for it to be dealt with ex-parte, you will need to act quickly in case a judge does enter judgment without a hearing.

At this stage it's nothing to worry about and certainly shouldn't affect your Christmas. I am currently away from the office until the new year, but if you want to email me the documents you have (claim form, defence and any documents they have sent you) I'll make sure they are forwarded on to a colleague and we will be able to give you free advice. My email is in my legal disclaimer below.

Alternatively, you can email my colleagues gerry@joannaconnollysolicitors.co.uk and sam@joannaconnollysolicitors.co.uk.

[Night Monkey]

I am currently away from the office until the new year, but if you want to email me the documents you have [...] I'll make sure they are forwarded on to a colleague and we will be able to give you free advice

What's not to love about this forum?

Merry Christmas all.