BB v Cabot Appeal

[harrassed senior]

Subbing with interest - just started going down this path via Equidebt/Cabot/Monument. Have sent CCA request and all I have received thus far is the 'we have set up an Arrangement for you to pay etc:' laughably wanting more than my total monthly income as payment over 20 months!!

[BeauBrummie]

Ok, I have deliberated, begged, stolen and borrowed from different posted defences on CAG the following and would like constructive comments.

 

I have tried to concentrate on the 2 main areas which in my view are my strongest points a) None executed agreement b) Incorrect assignment to Cabot. There may be other bits that should be in there but I have Missed ? so her goes !!!!

 

Thanks to Credit Card Mug, PT2537 and Trudy B some of the points

 

Claim Number xxxxxxx

 

 

Between

 

 

Cabot Financial (UK) Ltd- Claimant

 

 

and

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

Defence

 

 

1. I xxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by Cabot Financial (UK) Ltd.

 

2. The claimants particulars of claim are vague and are not sufficiently particularised in accordance with CPR part 16 and practice direction 16

 

3. The claimant has issued proceedings in the Northampton County Court therefore according to practice direction 16 Para 7.3

 

 

7.3 Where a claim is based upon a written agreement

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing

 

4. The claimant has failed to include a copy of the written contract which he relies upon and it stands to reason that they are in breach of their obligations under the Practice Direction

 

5. Further more the claimant offers no particulars in relation to how the sums claimant are calculated and no statements are attached with the claim in support of the figures

 

6. A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached to the claim form.

 

7. On 06 May 2008 I requested that the claimant provide a true copy of the executed credit agreement, which they claim exists between parties pursuant to section 78(1) Consumer Credit Act 1974. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) sets out that the claimant must comply with such request in 12 working days of receipt of such request. A copy of the letter and proof of posting attached marked Exhibit (a)

 

8. For clarity, section 78(1) of the Consumer Credit Act 1974 states:

 

78. Duty to give information to debtor under running-account credit agreement. -

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer, -

 

(a) the state of the account, and

 

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

9. In response to this request, the claimant's response was to send a single page document, which is annexed to this defence, marked Exhibit (b), which they claimed to be the valid executed credit agreement, additionally an incomplete statement of account was accompanied.

 

10. In response to the purported credit agreement supplied by the claimant, Marked Exhibit (b) it is denied that it is a valid executed credit agreement within the definition contained within the Consumer Credit Act 1974, and it is submitted that the document is a pre-contract application form and fails entirely to comply as an executed agreement within Consumer Credit legislation.

 

11. The credit agreement supplied is not compliant with the Consumer Credit Act 1974 and Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

 

12. Under the Consumer Credit Act 1974 there are certain conditions laid down by parliament which must be complied with if such agreement is to be enforced by the courts

 

13. Firstly, the agreement must contain certain Prescribed terms under regulations made by the Secretary of State under section 60(1) CCA 1974, the regulations referred to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) The prescribed terms for a Running credit account as set out below

 

14. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

 

 

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

15. It is submitted the credit agreement supplied falls foul of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in so far that the prescribed terms are not contained within the agreement. These terms must be contained within the agreement. They cannot be contained within a separate document. The prescribed terms must be with the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974

 

 

16. Furthermore. The Claimant claims to have “purchased” a debt of £xxxx, notwithstanding that the Claimant has by their failure to supply to either the Court or the Defendant an agreement meeting the criteria laid down under the Consumer Credit Act as noted at 14 above.

 

17. In doing so, the Claimant has offered to neither the Court nor the Defendant any proof of owning the debt claimed, nor what form such ownership takes, whether full, or equitable, in novation, or if indeed whether the Claimant owns the alleged debt at all.

 

18. Notwithstanding the vagueness of the Claimants Particulars of Claim, vis the term “purchased”, since the Claimant is not joined in Claiming by the alleged Original Creditor, the Claimant seems to ask the Court to believe that either an Absolute or Equitable Assignment of the alleged debt has taken place whereas with sight of no Agreement and no proof of Assignment, neither the Court nor the Defendant can ascertain whether:

a) Any Assignment has legally taken place

b) Whether such Assignment was Equitable or Full, or

c) Whether such Assignment was allowed for or strictly prohibited within the terms and conditions of the alleged account, or

d) Whether the Claimant is in fact entitled to claim against the Defendant

 

19. For the assignment of any debt to be effective, and so giving the Claimant a right of action, a valid Notice of Assignment must have been sufficiently served on the defendant using a registered postal service pursuant to The Law of Property Act 1925 s196(4) before court action is commenced.

The Defendant therefore puts the Claimant to strict proof of the existence, content and correct and full delivery to the Defendant pursuant to The Law of Property Act 1925

 

20. The defendant has no knowledge of the correct service of a default notice under s87(1) of the Consumer Credit Act 1974.

 

21. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

22. Notwithstanding point 23, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

23. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

24. Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974.

 

 

 

 

25. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all.

 

26. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimant’s case pursuant to part 3.4

(2) The court may strike out a statement of case if it appears to the court -

 

(a) That the statement of case discloses no reasonable grounds for bringing or defending

(b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

© That there has been a failure to comply with a rule, practice direction or court order.

 

 

27. Alternatively, if the court is not in agreement with point 26, I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defenceand will seek the courts permission to amend my statement of case accordingly.

 

 

Statement of Truth

 

I, xxxxxxxxx, The Defendant, believe the above statement to be true and factual

 

 

 

 

 

Signed ...................………………………Date.................…………………

 

 

Beau

Edited July 27, 2009 by BeauBrummie
Adjusted Defence Content

[Trudy B]

Hi BB

 

If you need someone knowledgeable to check the defence I would highly recommend giving the red triangle a go and asking for help … I’ve not got enough knowledge and experience to be able to confidently comment.

 

From previous posts I recall you are now under pretty tight timescales

 

T

[cymruambyth]

Ok, I have deliberated, begged, stolen and borrowed from different posted defences on CAG the following and would like constructive comments.

 

I have tried to concentrate on the 2 main areas which in my view are my strongest points a) None executed agreement b) Incorrect assignment to Cabot. There may be other bits that should be in there but I have Missed ? so her goes !!!!

 

Thanks to Credit Card Mug, PT2537 and Trudy B some of the points

 

Claim Number xxxxxxx

 

 

Between

 

 

Cabot Financial (UK) Ltd- Claimant

 

 

and

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

Defence

 

 

 

 

1. I xxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by Cabot Financial (UK) Ltd.

 

2. The claimants particulars of claim are very vague and are not sufficiently particularised in accordance with CPR part 16 and practice direction 16

 

3. The claimant has issued proceedings in the Northampton County Court therefore according to practice direction 16 Para 7.3

 

 

7.3 Where a claim is based upon a written agreement

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing

 

4. The claimant has failed to include a copy of the written contract which he relies upon and it stands to reason that they are in breach of their obligations under the Practice Direction

 

5. Further more the claimant offers no particulars in relation to how the sums claimed are calculated and no statements are attached with the claim in support of the figures

 

6. A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached to the claim form.

 

7. On 6 May 2008 I requested that the claimant provide a true copy of the executed credit agreement, which they claim exists between parties pursuant to section 78(1) Consumer Credit Act 1974. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) sets out that the claimant must comply with such request in 12 working days of receipt of such request. Copies of the letter and proof of delivery attached marked Exhibit (a)

 

8. For clarity, section 78(1) of the Consumer Credit Act 1974 states

78. Duty to give information to debtor under running-account credit agreement.-

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,-

 

(a)the state of the account, and

 

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

9. In response to my request, the purported credit agreement was supplied by the claimant, marked Exhibit (b); it is denied that it is a valid executed credit agreement within the definition contained within the Consumer Credit Act 1974 and it is submitted that the document fails entirely to comply with Consumer Credit legislation as laid out below.

 

10. The credit agreement supplied is not compliant with the Consumer Credit Act 1974 and Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

 

11. Under the Consumer Credit Act 1974 there are certain conditions laid down by parliament which must be complied with if such agreement is to be enforced by the courts

 

12.The Claimant claims to have “purchased” a debt of £xxxxxx, notwithstanding that the Claimant has by their failure to supply to either the Court or the Defendant an agreement meeting the criteria laid down under the Consumer Credit Act as noted at 10 above.

 

13. In doing so, the Claimant has offered to neither the Court nor the Defendant any proof of owning the debt claimed, nor what form such ownership takes, whether full, or equitable, in novation, or if indeed whether the Claimant owns the alleged debt at all.

 

14. Notwithstanding the vagueness of the Claimants Particulars of Claim, vis the term “purchased”, since the Claimant is not joined in Claiming by the alleged Original Creditor, the Claimant seems to ask the Court to believe that either an Absolute or Equitable Assignment of the alleged debt has taken place whereas with sight of no Agreement and no proof of Assignment, neither the Court nor the Defendant can ascertain whether:

a) Any Assignment has legally taken place

b) Whether such Assignment was Equitable or Full, or

c) Whether such Assignment was allowed for or strictly prohibited within the terms and conditions of the alleged account, or

d) Whether the Claimant is in fact entitled to claim against the Defendant

 

15. For the assignment of any debt to be effective, and so giving the Claimant a right of action, a valid Notice of Assignment must have been sufficiently served on the defendant using a registered postal service pursuant to The Law of Property Act 1925 s196(4) before court action is commenced.

 

16.The Defendant therefore puts the Claimant to strict proof of the existence, content and correct and full delivery to the Defendant pursuant to The Law of Property Act 1925

 

17.s196(4) of a valid Notice of Assignment without which the Claimant has no right of action against the Defendant.

 

18. Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974.

 

19. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all.

 

20.I further ask the court to consider striking out the Claimants case as it fails to comply with Part 16 and Practice Direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly

 

21. Alternatively, if the court is not in agreement with point 20, I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defenceand will seek the courts permission to amend my statement of case accordingly.

 

 

Statement of Truth

 

I, xxxxxxxxx, The Defendant, believe the above statement to be true and factual

 

 

 

 

 

Signed ...................………………………Date.................…………………

 

 

Beau

 

I cannot help with the legalities, but have pointed out a couple of typos (sorry to be petty).

[BeauBrummie]

Thanks for the typos Cymruambyth.

 

I have to send my defence today so unless anyone can see any other problems with the legality this is what is going in.

 

Thanks to all

 

Beau

[cymruambyth]

Do you have a dn? Should you refer to one? If so I have saved some points from another defence if they would help.

[BeauBrummie]

Do you have a dn? Should you refer to one? If so I have saved some points from another defence if they would help.

 

Yes please if you are online now!!

 

Beau

[cymruambyth]

The Need for a Default notice

 

 

20. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.[

21. Notwithstanding point 20, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

22. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

This is copied from a ccm defence. Hope it helps.C

Edited September 8, 2009 by citizenB
Font formatting removed for tidier reading

[cymruambyth]

BB I have the whole defence saved, I think it has some good cases to refer to. Do you want me to copy the whole thing or to pm it to you?

[BeauBrummie]

The Need for a Default notice

 

20. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

21. Notwithstanding point 20, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

22. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

This is copied from a ccm defence. Hope it helps.C

 

 

Thanks, I will use this

 

I have made some other changes and will repost the whole defence when I have time.

 

Thanks again

 

Beau

Edited September 8, 2009 by citizenB
font formatting removed

[cymruambyth]

Good luck, I'll be posting the same questions in a few weeks!!

[BeauBrummie]

My defence was received today at Northampton CC.

 

I have made some adjustments to the original Posting at Post 52 to reflect what I actually sent.

 

Beau

Edited July 27, 2009 by BeauBrummie
Spelling!!!

[BeauBrummie]

Had a reply from Cabot re my defence, I cannot beleive that they are still insisiting that the so called agreement is enforceable.

 

Basis of their reply is

 

1) I have an "APPLICATION FORM" similar to this link

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182489-please-check-out-my.html#post1967419

 

which they have stated to the court in their reply ---quote "The agreement supplied is a valid Executed agreement within the definition of the Consumer Credit Act"--unquote

 

2) A set of statements

 

3) A notice of assignment which they believe gives them the right to collect the money.

 

Other points of interest

 

They believe they have "significant chance of success" with their claim.

 

They state that they think my defence as above holds "No Merit" and seek my defence "Struck out".

 

I have a limited time to reply to Morgans direct ?? not the Court--- Why????

 

I actually think they are playing brinkmanship here.

 

I may need the legal eagles on here to take a look as I am not quite sure how to proceed? Do I just wait for AQ or should I reply direct to Morgans. The latter ultimatley would probably lead to them asking for full payment!!

 

Thanks

 

Beau

[Rhia]

BB - this is where it starts to get nerve wracking and you need to stand your ground. They are indeed attempting some form of brinkmanship with you and hope that you will give in.

I suspect their next step will be with regard to costs - they usually try to frighten people with that one too. Although not sure how much yours is for. If it's under £5k - it's Small Claims so there's not much they can frighten you with which may be why they are sending you rubbish like this.

 

If this were my case I would write them a very brief note along the lines of thanks for your letter but I am happy with the defence I have put forward and quite willing to allow the court to make a decision based on the facts, the defence, case law and precedent. Say nothing else.

 

When the AQ arrives fill it in and you will need to prepare some draft directions too.

 

Finally I have re-read your thread and picked up on a charging order with Morley. Morley is part of Cabot. It all depends on the circumstances in which this happened but if you had a debt that was assigned to Cabot and they put you on to Morley for a remortgage etc etc then you may well have grounds to get the CCJ and CO set aside - you will need to dig a bit but as they own each other then it's all unfair relationships etc. I would also complain to the OFT and question their fitness to hold a consumer credit license.

 

But for now let's concentrate on the court case in hand.

[BeauBrummie]

BB - this is where it starts to get nerve wracking and you need to stand your ground. They are indeed attempting some form of brinkmanship with you and hope that you will give in.

I suspect their next step will be with regard to costs - they usually try to frighten people with that one too. Although not sure how much yours is for. If it's under £5k - it's Small Claims so there's not much they can frighten you with which may be why they are sending you rubbish like this.

 

If this were my case I would write them a very brief note along the lines of thanks for your letter but I am happy with the defence I have put forward and quite willing to allow the court to make a decision based on the facts, the defence, case law and precedent. Say nothing else.

 

When the AQ arrives fill it in and you will need to prepare some draft directions too.

 

Finally I have re-read your thread and picked up on a charging order with Morley. Morley is part of Cabot. It all depends on the circumstances in which this happened but if you had a debt that was assigned to Cabot and they put you on to Morley for a remortgage etc etc then you may well have grounds to get the CCJ and CO set aside - you will need to dig a bit but as they own each other then it's all unfair relationships etc. I would also complain to the OFT and question their fitness to hold a consumer credit license.

 

But for now let's concentrate on the court case in hand.

 

Hi Rhia,

 

Thanks for your reply--The claim is in excess of 5k even before their additional interest added, but that will include unfair charges in the original "assignment" so any hearing is going to be "fast track"?

 

I am minded to just write to them anyway and say that my defence is good and believe that "I" have a good chance of success, and wait for the AQ.

 

What do you think given that it is over 5k? is just that the costs involved are much higher---if this is the case then I may look at a possible Summary Judgement.

 

Beau

[Rhia]

For a start, if the balance contains unfair charges - this means any default notice will be duff as will the actual assignment.

 

It also means the amount they are claiming is incorrect and may well come under £5k.

 

Now Cabot and Fast Track. They love pushing claims beyond £5k as it means they can frighten the Defendant with costs. FT can be scary but in actual fact the costs are fixed anyway but they use it to intimidate. Don't let it!

 

I would most definitely write to them and say you have every confidence in our defence along the lines I suggested.

 

One thing I have learnt is to say just that and NOTHING else. If if the letter turns out to be just a couple of lines - keep it brief.

 

The await the AQ and decide your next move. This is like chess you know or a hand of poker. My money's on another discontinuation. Let's see.

 

P.S. They also cannot add interest unless the agreement specifically states so - and that's if they even have an agreement.

Edited August 26, 2009 by Rhia
Add P.S.

[BeauBrummie]

Hi Rhia,

 

I have drafted a few lines as you suggested as follows

 

I thank you for your recent communication regarding the merits of my case and defence.

I am quite willing for my defence as submitted to go before a court for a decision, should that be required, and at this point have no wish to enter into any argument or discussion regarding the merits or legalities of the document.

The facts of the case are quite clear from a legal stance, and there is case law and precedent to back up my defence.

I therefore totally refute your attempts to persuade me to withdraw my defence and my position remains unchanged from my defence submission.

 

Does this seem ok ?

 

If so I send off tomorrow

 

Beau

[Rhia]

I thank you for your recent communication regarding your opinion of the merits of my case and defence.

I am quite willing for my defence as submitted to go before a court for a decision, should that be required, and at this point have no wish to enter into any argument or discussion regarding the merits or legalities of the document.

The facts of the case are quite clear from a legal stance, and there is case law and precedent to back up my defence.

I therefore totally refute your attempts to persuade me to withdraw my defence and my position remains unchanged from my defence submission.

 

 

Apart from that one little amendment in red that's hot to trot. Get it in the post - signed for of course. I know it's a pain but best, particularly at this stage, to be able to make sure it got there OK.

[BeauBrummie]

 

Apart from that one little amendment in red that's hot to trot. Get it in the post - signed for of course. I know it's a pain but best, particularly at this stage, to be able to make sure it got there OK.

 

Thanks again Rhia, there has been a further development. I have received an AQ (N150) this morning so this is it ---time to show what I am made of!!!

 

I was going to email the letter as well as send a hard copy.

 

Beau

Edited August 27, 2009 by BeauBrummie
additional info

[Rhia]

Yes good idea to email or fax as well. Make sure you tick the reply receipt on email. I know you are sending a hard copy signed for as well but it's belt, braces and a bloody strong rope to tie this lot up.

 

They are slippier than a soaped eel in a bucket of jelly.

[BeauBrummie]

Instant reply to my letter of few lines, think may have hit a nerve!!

 

They are going to apply for Summary Judgement in 7 days unless I reconsider my position and also seeking an order for costs.

 

They also suggest I need independant legal advice

 

I assume if they take this course I do not get to have may day in court--it just goes before a judge?

 

Any answers

 

Thanks

 

Beau

[lickthewallfatboy]

they are talking out of their rear orifices

[BeauBrummie]

Just thinking about this a bit more. The court has issued AQ,s so is this letter therefore, a blatant attempt by Cabot to force me into a corner.

 

Surely both parties are now being "case managed" and should follow the courts direction?

 

Beau

Edited August 29, 2009 by BeauBrummie

[Rhia]

YES! That's exactly what's going on. I told you they were slippery.

 

They will try any trick they can conjure up to attempt to frighten you into giving in.

 

Complete the allocation questionnaire.

 

Do you ignore their nonsense - I would think so. However, just see what anyone else says.

[Toulose LeDebt]

Well I'm with you and Lickthewall.

 

Sure they can apply for default judgment if they like but BB has filed a valid defence and so they have no chance at all in it being awarded. If it were me I wouldn't have wasted the time writing to BB but simply filed the application IF and it is a very big if indeed, if BB had either failed to file a defence or had failed to file a valid defence.

 

Of course they can pay the fee and apply for a summary judgment but it has reached AQ stage now so they've just cost themselves another £250 quid plus so they'll need to start being a bit more careful how much good money they continue to throw after the ££££'s they've already wasted!!

 

 

PS BB don't you dare complete and return that AQ until you've had some advice on using it to submit a draft order from us Caggers.