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About svanjo

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  1. Hi everyone Just wanted to updated you all of the success that I have had with this case. Over the last few months I have continued with the court process and went to a mediation call etc. During this call I offered Cabot a measly sum of £100 just to avoid going to court. Needless to say this was rejected by their lawyers Weightmans. Since then Weightmans/Cabot were served with a "General Form of Judgement of Order" notice where they were given 20 days to supply all the evidence the were going to rely on in court. Today, the last day of the order, I received a letter from Weightmans stating that they have issued a Full Notice of Discontinuance to the court. I have read on various sites including this one that this is what would happened but still the sense of relief that this has happened is immense. My question now is, can Cabot bring this case to court again at a later date and if so, what can I do to prevent this? I also want to say thank you to everyone who has offered me advice on this case over the last few months. Finally I can hopefully lay my past to rest! Lots of thanks to everyone Svanjo
  2. Hi It's been a while since I've posted anything with regards to this thread. CCA request was sent but I got no response. Called Barclaycard and they confirmed that the account was closed in 2005. I therefore proceeded with logging a statute barred defence at the beginning of July 2015. To date I have had nothing back from either Shoosmiths or the courts stating that this case will be taken to trial. My question therefore is, can/should I apply to have this claim stuck out? Thank you as always S
  3. Hi I have now received a date and time for the mediation appointment. Is there anything I should know in advance of this? such as what to avoid saying etc. Also on the form that the mediation folks want me to complete they ask if I have all the documentation required to enter mediation. I was going to respond "no" as Weightmans/Cabot haven't supplied me with anything despite me asking and I don't have anything in my files relating to this. I'm also going to write to Weightmans again stating that I have informed the mediation people that I don't have any documentation and again request this from them. Is there anything else that I should be doing? Thanks again! S
  4. Hi Thanks for the response Andy. Much appreciated. I now know that I should have done the CCA request on the same day I received the claim Do you think I should still do this or is it to late now? Take care S
  5. Hi So I have called Capital and they have told me that because the account is so old they can't see the exact date that the last payment was made but they have confirmed that the last purchase was May 2005 the account was closed in 2008. With regards to the Directions questionnaire I was wondering if you knew what I should fill in for the following questions? 1. Do you agree to this case being referred to the small claims mediation service? yes/no 2. How many witnesses, including yourself, will give evidence on your behalf at the hearing? do I say that I'll give evidence and therefore write 1? Another thing, is it worth sending Weightmans/Cabot a CCA request to see if maybe that way I see if they really have something? I'll send of the questionnaire and see what happens I guess. Just really want this off my plate as there is so much on it at the moment that I feel like I'm drowning.... Thank you! S
  6. Hi No I haven't called Capital One but will do so on Monday. Unfortunately though, this morning I received a Notice of Proposed Allocation to the Small Claims Track from the courts which states: 1. This is now a defended claim 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire (Form N180) and explain why. 3. You must be 17 August 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. I'm thinking that maybe I should just call them up and try and settle as to have a CCJ on my file so close to finally being able to get my own home would be devastating to me and to be honest, I'm just plain out of fight.... What would you suggest? Thanks S
  7. Hi So today I received a letter from Weightmans stating: We have received your Defence and can 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 xxx to discuss. I'm getting very nervous as I have no idea what to do. We are so close to being able to afford a mortgage and I would hate for something to mess it all up. What would you guys suggest I do? Always thanks for your help. S
  8. Hi I have now received a letter from Weightmans confirming receipt of my defence but they claim that I made a payment to this debt on the 12 May 2010 which I can't remember paying. The letter states: We write further to our receipt of your defence in which you state that the above account is statue barred. We have today requested a copy of your statement of account, together with copies of all previous written acknowledgements of this debt, from our client and will forward copies of these documents to you upon receipt of the same. By way of further information however, we note that the following default on the terms and conditions of your credit agreement, the above account was terminated by Capital One Bank (Europe) on 1 February 2006 before being assigned to Cabot Financial UK Limited on 16 January 2009. Please note as the last payment made towards your account was on 12 May 2010, the account is not considered statute barred by virtue of section 29(5) Limitation Act 1980. Accordingly, we have advised our client to oppose your defence and proceed with this matter to trial. What should I do now? Wait for them to provide evidence of this payment and my statement of account or is there something else I should be doing? Any help as always is greatly appreciated. Thank you S
  9. Hi, I have just called the courts and they have told me that they have written to Shoosmiths notifying them that they have till the 18 July to continue with this claim or it will be stayed. They said that I have nothing to do unless I receive a DQ from the courts. No I haven't sent Cabot a CCA request. Do I do this now or do I just let sleeping dogs lie? S
  10. Hi Everyone After a lot of searching on the web I've decided to bite the bullet and ask for some help as I have no idea what I should do about this claim. The details are as follows: 1. On the 26 Feb 2015 a claim was issued against me for a debt which I believe to be statute barred. The particulars of claim are as follows: a. The claimant claims the sum of 4,975.38 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard Littlewoods and assigned to the claimant on 28/02/2008 notice of which has been provided to the defendant. b. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. c. The claimant claims the sums of 4,975.38 and costs d. The Claimant has complied, as far as is necessary, with the pre-action conduct practise direction 2. On the 10th March I sent Shoosmiths a standard CPR 31.14 request and Cabot a letter stating that this debt is statute barred. 3. On the 12th March I received a letter from Shoosmiths telling me that they had requested the documentation from Cabot but had not yet received anything and were therefore granting me an extension to file my defence which I notified the courts of in writing. 4. On the 10th April I received another letter from Shoosmiths informing that they still hadn't received any documentation from Cabot and that the matter would be on hold until they do. I have taken no further action since then. My question for you guys is whether there is anything I can do now that so much time has lapsed to get the courts to draw a line under this claim. This is causing me distress and I would love to just have it done with. Any help you guys can offer me would be really appreciated. Thank you
  11. Hi Sorry for the delay in responding. Yes I used the defence you sent me as I'm certain that this debt is over 6 years old. I have also checked my credit file with all the agencies and it does not show on any of them. I'll keep you posted on the outcome and thanks again for your help. Take care S
  12. Hi Thank you so much for your response. I have filed my defence and will now just need to sit back, wait and see what happens next I guess. I'll keep you posted! Stefanie
  13. Hi Everyone Would really appreciate some help with this matter. About a week ago I received a claim form from Northampton County Court originally dated 22 May 2015. The reason I only received it now is because I have recently moved and despite setting up a redirection service with Royal Mail, this letter was delivered to my previous address. The particulars of claim on the claim form are as follows: 1. The Defendant entered into a credit agreement by the original creditor as Capital One Bank (Europe) - credit card and having account number xxxx ("the account) 2. The Claimant, a UK Limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant in indebted to the claimant is respect of the account in the sum of 1246.58 4. The Claimant claims the said sum of 1246.58, plus costs The Claimant on however is down as Cabot Financial UK Limited and the solicitor I guess is Weightmans LLP I have done the following: 1. Submitted acknowledgement of service on 25/06/2015 2. Submitted a request for extension to file a defence to the court due to the claim form being delivered to the wrong address on 29/06/2015 3. Sent a standard statute barred letter to Cabot Financial services via recorded delivery, cc'ing Weightmans on the 25/06/2015 4. Sent a standard CPR 31.14 letter to Weightmans, cc'ing Cabot on the 25/06/2015 To my knowledge, I have not made any payments or had any correspondence regarding this debt in at least the last 6 years although it could be closer to 10 years. I received a letter back from Weightmans dated 29/06/2015 stating the following: In response to your Civil Procedure Rules (CPR) 31.14 request, we advise you that this claim is likely to be allocated to the small claims track. Under the CPR, for which we enclose a copy of Part 27 CPR for your perusal, you will note that CPR 31 does not apply to the smalls claims track. As such, should you proceed to make an application on the basis of CPR 31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the Court to take the matter to trial, a deadline will then be provided for the partied to disclose all documents which they will seek to rely on at trail, which are likely to include some, in not all, of the documents listed above. You will therefore be in receipt of all documents relied upon in advance of any subsequent trial. With regard to both your CPR 31 request and your argument that the debt is statute barred, should you with to defend this claim to trial you must fine a defence to proceedings, in accordance with CPR 15.2. As you will be aware , the specified time for you to file you defence has expired. This said our client is willing to provide you with an extension of 14 days. Please ensure you notify the court of the same, in writing, in accordance with CPR 15.5 In the event that you fail to do so, our client could request a default judgement be entered against you pursuant to CPR 15.3 and CPR 12.3 Please note, in the event that you fail to file a defence within the specified time period, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of the correspondence to the Court's attention bot in opposition of your application to have the default judgement set aside and on the issue of costs. My question is what do I do now? I don't have any documentation for this account any longer (if it was even mine!). Do I file a defence as they say I should and wait to see what documentation they have.... Any help with this would be greatly appreciated. Thank you Stefanie
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