Sorry dx, completely missed that post! Ok I will do nothing. Thank you.

Just had another letter this morning, it reads:

We write in respect of the above mentioned proceedings.

We have received your defence and confirm that our client does not accept such. Accordingly, we have written to the court to request that the matter proceed as defended.

However, our client is hopeful that this matter may be resolved amicably and we invite you to contact our B J to discuss."

What are they playing at?

One min Cabots are saying my account is on hold as they cannot provide docs,

2 days later I get another letter this time from Solicitors saying that they have written to the court to proceed.

Is this just more waffle to try put on the frightners to contact them?

Advice please guys

More waffle...its called last role of the dice to get you to cave in:wink:

I guess I thought you would say that. So chances are they havent written to court and I still just sit tight keeping quiet?

this lot are like one of those suicide people in the films.

I am gonna jump, I am, I will, I'm gonna do it. jusy watch.

until/unless they provide proof its not sb'd and come up with an enforceable agreement

they are stuffed.

dx

They may have informed the court they wish to proceed...they may go as far as completing the Directions Questionnaire...they dont have to pay a fee at that stage...means nothing...they can do a u turn at at any stage...

Only when you get a DQ...will you know their real intentions.

Andy

Thanks guys, I will sit tight for now and kep you posted when they make their next move.

LTB

Ok, I have had a form from the court this morning for small claims track.

I am a little confused here as I have a recent letter from Cabots saying the account is on hold and unenforcable as they cannot provide agreement as yet

and they cannot obtain a judgement against me

and then the next day I get a letter from weightmans saying they are proceeding to court

and now I get the form.

What should I do guys ?

Many thanks

LTB

the cabot letter is from a sep dept that prob doesn't even known its subject to one of their speculative claims.

and is a std reply

off to small claims letter is just the std one in the course of a court case.

still doesn't detract from the fact that they'll need an enforceable CCA to proceed.

let it run as post 56

dx

just

Dx, what I meant to say is that I have received a directions questionnaire that I need to complete and send back.

I dont want to put the wrong thing.

Will I need to get together some kind of "court bundle"?

so as andy stated

you now know their direction you need to fill out the WQ

there are quite a few threads here already which will give you the basics

concerning them having no paperwork.

have a look in the DCA successes forum.

andy will be around soon I'm sure

readup

have a go

dx

ok dx. Should I agree to mediation?

Should I sxend a CPR req to Weightmans? Will this be asking them for copies of the docs that they are to rely on in court?

yes to mediation always ,

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

why do you need to CRP them again?

dx

dx I didnt send a cpr only a cca to cabots

You submitted a statue barred defence...their response last payment August 09...they have yet to comply with your CCA request....and are therefore proceeding with the claim.

You must complete and return the N180 by the date required and stated...rather pointless opting for mediation if you state its statute barred....

So no to mediation the rest is self explanatory

A1 yes

C1 yes

D1 your local county court...enter name.

D2 no

D3 1

Regards

Andy

thanks andy forgot this was sb'd

dx

Thanks Andy.

Just supposing it is not SB,(which I am 98% certain it is), and they have so called proof that it is not, what would be me best move?

I am guessing from what you said the no paperwork.

thing is, if I end up having to go to court and they still have not come up with the goods,

they are going to look pretty stupid as I have a letter stating that they will not persue me

and will not obtain a judgement against me because they have not been able to comply with my CCA request

and my account is on hold.

Yet weightmans are still pressing ahead with it, they must be real bucket shops!

o just one other thing, on the form it says that I have to complete the form by a certain date and file it with the court office and serve copies on all other parties. Does this mean that I need to send a copy to Weightmans & Cabot?

Does this mean that I need to send a copy to Weightmans & Cabot?

Just their Solicitor and of course the Court.

Andy

Andy, I am just filling in this directions questionnaire, you said no to mediation but yes to A1. A1 is agreement to the small claims mediation service. I am a little confused.

You still say yes...but it will be pointless...but the court expects you to participate...mediation will advise.

Mediation is pointless if its statute barred ...however the court still expects all parties to participate so tick yes.

Form sent back to the court with a copy to Weightmans. Just have to wait and see what they do next!

I have today received a copy of their Directions questionnaire

they are obviously intended to go through with this.

I wonder if someone could let me know what to do next.

Will I have to get together a defence?

What I cant get to grips with is that Cabot sent me a letter saying that the account was on hold

and it was unenforeable as they havent provided the CCA,

yet their muppet solicitors are steaming ahead.

I get the feeling they do not communicate.

I am 99% sure it is SB,

could I still put in my defence for the court a copy of the letter from Cabots saying that the account was on hold?

Thank you

LTB