Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**

[creditcardmug]

Is the general consensus that they'll discontinue do you think?

 

What stage is the case at, have you received an AQ yet? what was the final date for your defence to be filed by?

Did you make your application on th N244?

[creditcardmug]

The n244 was mentioned by GM in post 132, but never mind that.

 

As they have taken so long to respond, i suspect they have nothing so will probably discontinue next week, it will cost them more money if they want to go on to the AQ stage, having said that i thought one of mine would do the same but i was wrong, anything is possible.

[creditcardmug]

Hi,

 

I just read my CPR 31.14 request sent to Cabot and this paragraph interests me...

 

"If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully"

Since Cabot have not responded to my 31.14 AT ALL, does this mean I can write to the court and ask for the case to be struck out?

 

Would it be worth sending Cabot an "ACCOUNT IN SERIOUS DISPUTE" letter as I beleieve that non-compliance with a CCA request (requested in September) means that they cannot take court action?

 

PV

 

You can carry out the threat you made in your CPR 31.14 request, this will cost you £75, you can download the form from the HMCS website.

 

Dont bother writing to cabot, now that the matter is in court

 

Have you had an Allocation Questionaire to fill in?

 

It would also be worth re-posting up the POC, and your defence to it, in order to help us to sort out the best way forward

[creditcardmug]

Hi CCM,

 

Thanks for the reply.

 

Do you think it is worth paying the £75? Is it a DJ who looks at it?

 

No AQ yet, the clerk at County Court said that a DJ would look at the claim this week and decide whether to let it proceed, stay it or throw it out.

 

I'll try and post up the PoC a.s.a.p.

 

PV

 

I need to re-read everything again, that's why the POC/Defence will be useful.

 

It is form N244 BTW. Yes a judge does have to look at all ANs...not sure yet whether its worth it

[creditcardmug]

Hey your welcome, can you post up your defence to that POC, would be helpful

 

And STOP WORRYING

[creditcardmug]

Ok, give me a bit of time, ill come up with something, may need to ask a few more questions, just helping a few others, but now have you on my sticky notes:)

[creditcardmug]

This is a long thread, i have read the 1st few pages, this claim was issued last September, you really should have been pressing for some action a long time ago...however, it now seems that they have requested the stay be lifted and to that end it has been transferred to your local court.

 

You should now be getting an AQ to fill in, have you got this? if so what date must you file it by?

 

Since you haven't filed a suitable defence, we will need details of the relevant facts in order to complete the AQ

 

1. have you had a copy of the agreement?

2. have you had a letter before action?

3. earlier capquest was mentioned, what was/is their invovement?

4. have you had a notice of assignment from both the original creditor and cabot and capquest, if they were involved?

5. what date does the alledged account date from roughly?

[creditcardmug]

Some of us on here like to "poke the bear", its good sport:D

 

Standby

[creditcardmug]

You have everything going for you here as havinastella says, you could have filed a killer defence, but too late now,,,no matter, you need to wait for the judges order, but not too long, phone again early next week, if still no go, consider the N244 to have their claim struck out.

 

PS at one point tonight i got confused with yours and a couple of other cases, and started doing a defence, which would have been stunning, pity we cant use it:(

[creditcardmug]

Just a word of warning. Unless you hear OFFICIALLY in writing from the COURT then you should attend.

 

Agree with ODC, phone the court asap, ask whether the court has received their Notice of Discontinuance.

 

Do we trust them? does anyone who knows them? NO!