Yes have logged on but there are no documents pertaining to the case being withdrawn. Only AOS and defence. There however is a chronological list under the notes section but that only says:- Notification that the claim against you was discontinued was received on 30/07/2019 at 19:08:13 Would it be advisable to contact either the Courts or Cohen asking for the document in writing or email? As I stated earlier have never received anything in writing hence having to call the Courts direct.

No, I was waiting for a mediation call but never received one so contacted the Court via phone and they advised me the case had been withdrawn. Have never received anything in writing from anyone

Am willing to scan letters and send direct to you if this is a first and you would like real confirmation?

100% sure I have the letter in front of me. Actualy I didn't even notice it was a different blood sucker, have double checked and yes my information is correct. So to confirm Hoist took me to court and lost and have just received a letter out of the blue from Cabot demanding the same debt

Have butchered my defence from my other claim as a starting point, anyone feel free to advise/amend Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Bank of Scotland. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request. 3. Paragraph 2 is noted that the debt was legally assigned by Bank of Scotland to the claimant. The Letter of Assignment was received on the 08th July 2013 but since that date have not received a notice of default etc until the Letter of Claim dated 05-December-2019 4. Paragraph 3 is noted the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement . 5. On the 17th December 2019 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. Therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement; and (b) Show how the Defendant has reached the amount claimed for; and (c) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the CCA1974. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Yes I sent these off with the notice of assignment on the 17th

Yes I had an old back account that had a few £ in it. I left that running sending £1 to each of my original creditors until it ran out of cash in 2017 I believe. I must of sent a CCA request to them along with all the others. For the life of me I cant find the file from that time-very unlike me. So should I send my defence off to the courts now?

Acknowledgement of service sent along with CPR 31:14 & CCA requests as they stated in a letter they are in possession of a signed original copy of my agreement. All of this was sent with proof of postage on the 17/12/2019. So far I have not received anything back

Hi Guys, well after a distressing but in the end successful case last year I have now found myself in the thick of it again. Although I assume I know the procedure by now I thought I would post all my efforts once again in the hope I may help someone else in a similar situation. So here goes....... Name of the Claimant ? CABOT FINANCIAL (UK) LTD Date of issue – 05 December 2019 Particulars of Claim What is the claim for – 1.By an agreement between Bank of Scotland & the Defendant on or around 15-12-2008 ('the Agreement') Bank of Scotland agreed to loan the Defendant monies. 2.The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THERE FORE CLAIMS 1. 4800.52 2. Costs What is the total value of the claim? £4800 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? In branch Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It was but has now gone Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes on 08-07-2013 Did you receive a Default Notice from the original creditor? Yes on 02-10-2009 Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? No income What was the date of your last payment? Not sure but a couple of years ago Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes started a DMP in 2009

Just a quick update Although the Court case was withdrawn last October I have just received another letter from Cabot demanding repayment of the alleged debt including the Court/ legal fees from their unsuccessful attempt ! Do these guys ever give up?

Wooohooo is it beer time then ? assume this alleged debt will never raise its head again? Or could it be sold on to another blood sucker and have to go though the whole process again? Assume also this thread can be moved to the success section?

Yes sorry have had a rough time recently with a family member getting very ill. Went all the way to getting a court letter, assume they paid the court fees? Filed my defence with the court and served Howard Cohen solicitors too Received a letter shortly after stating that Howard Cohen have asked for Small Claims Mediation and would be contacted soon by the courts. Quite a bit of time lapsed so called the Courts direct and they informed me the case has been withdrawn ! Assume now that this is the end of it? But have never received anything in writing.

OK guys quick update Have just received in the post a letter from CCBC with a small claims directions questionnaire (N180) I have until the 8th July to complete and fill out. The buggers !

Thank you guy's, I thought it had taken a while to receive anything. Enjoy life I'm trying, believe me im trying.

Yes I had a read through your thread yesterday. To be honest yes but only a little bit, life has a habit of kicking those already down ! So should I call the court and see if they have proceeded? Will give me more time to prepare a defence if so rather than waiting for the post. Although I assumed everything was being sorted online ?

Hi guys, quick update. Received a letter from Howard Cohen & Co yesterday on behalf of the claimant. Further to the defence that you have filed in this matter, upon receiving instructions from our client we can confirm that we have notified the court that we wish to proceed with this claim. You will receive a Directions Questionnaire from the Court in due course for you to complete and return to the court. In the meantime if you wish to settle this claim our client will consider any reasonable proposals to settle............ Is it usual that they will proceed without any of the information I asked them to provide validating the alleged debt ?

Its very funny you asked about that, please see post below

£10 just donated for now, hope that's not too tight of me?

Yes Andy, it almost looks professional On a serious note though I obviously appreciate all the effort and time you guys put in helping myself and others, what amount of remuneration would you guys like to keep the site running and helping people into the future?

Thank you Andy, so I assume all good to go if I copy and paste that (removing the bold) as my finished defence?

Thank you Andy, does this look a little better? Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request. 3. Paragraph 2 is noted that the debt was legally assigned by Hoist Portfolio Holdings LTD (Ex Barclaycard) to the claimant and notice has been served. The Letter of Assignment was received on the 14th June 2017 but since that date have not received anything requesting or related to the alleged debt until the Letter of Claim dated 24th January 2019 4. Paragraph 3 is noted the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement . 5.Paragraph 4 is noted the claimant states a default notice has been served upon the defendant pursuant tos.87(1) CCA. I have never received any Default Notice relating to the alleged claim therefore it is denied. 6. On the 08th April 2019 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. Therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement; and (b) Show how the Defendant has reached the amount claimed for; and (c) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the CCA1974. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Hi guys, just about to submit my defence online having amended examples shown in the success threads. Could you cast your expert eyes over this and see if I have missed anything out important please. Particulars of Claim for reference only What is the claim for – 1.This claim is for the sum of £2700 in respect of monies owing under an agreement with the account no. pursuant to the Consumer Credit Act 1974 (CCA) 2.The debt was legally assigned by Hoist Portfolio Holdings LTD (Ex Barclaycard) to the clamant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. 4.A default notice has been served upon the defendant pursuant tos.87(1) CCA. 5.The claimant claims 1) the sum of £2700 2) costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request. 3 Paragraph 2 is noted ......? 4.Paragraph 3 is noted ......? 5.Paragraph 4 is noted ......? 6. On the 08th April 2019 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply. Therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement; and (b) Show how the Defendant has reached the amount claimed for; and (c) Show and evidence the nature of breach and service of a Default Notice Pursuant ot sec 87(1) of the CCA1974. (c) show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears 8.. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. It is therefore respectfully requested that the court dismiss this claim and costs requested. (remove) Statement of Truth I, My Name, the Defendant, believe the facts stated within this Witness Statement to be true. (remove)

Hi guys Well the 12+2 are now up and nothing has appeared in my post box, will leave it until tomorrow eve because of the bank holidays etc but hopefully nothing arrives. I assume now the next step if nothing arrives is too file my defence on Defence & Counterclaim form that is on MCO ? If so is there a thread that will assist me in preparing this? have fully read the one below and several other threads but it alludes me. Once again thank you for your time

Update Just received acknowledgement letter for my section 78 CCA request from the claimant but from Robinson Way not Hoist Finance, how many company names are under the one umbrella? Also received one from Howard Cohen stating they will send the documents requested and agree to an extension of time Well the 14+2 days are ticking away, I wander If they will find anything?

MCOL all done and filed online, letters to Creditor & Solicitor to be sent in the morning (06-04-19)

Thank you dx for your prompt reply you sure you only had one Barclaycard? Yes 100% positive I only had the one Barclaycard, still have both the letters in my file stating debt has been sold and to whom mercers were Barclays and their default notice are notorious for being faulty. Is this a good thing that could work in my favour? find out that last payment date. Last payment date was July 2017. Now when I set the CCCS debt management plan up I was paying the creditors direct, not through CCCS. My £1 PCM was going to Credit Solutions and I never changed this even when the debt got sold. Was from an old bank account that had a few £££ in and just let it run until no more money left then closed account. so did you ever CCA cabot as advised then and did you stop paying through CCCS>? Yes I sent the CCA of to Cabot that week you gave me the advice last time, never received anything back. For 2nd part of your question see above. Will send off and do the other parts you mentioned later tonight when get more time.