Cabot issued County Court Claim:::HELP PLEASE

[PossVox]

Hi,

 

I've have an existing thread in the Debt Collection forum:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152289-cabot-say-debt-not-new-post.html

 

Cabot issued a claim through Northampton CC (Bulk) and, despite CCA request and request for disclosure of information under CPR, I've heard absolutely nothing.

 

When I phoned the court today to explain that Cabot had not responded to any of my letters and that I didn't feel able to form my defence due to lack of details re their claim, I was told me that they "don't get involved" with CPR requests and suggested that I contact CAB.

 

I am sending an "Account in Dispute" letter tomorrow re Cabot's failure to provide my CCA. I realise it may be a pointless exercise but it makes ME feel better!

 

Any advice re the lack of response to my CPR request and possible outcomes would be gratefully received.

 

Thanks in advance.

 

PV

[PossVox]

Hello again,

 

Nothing at all from CABOT in today's post.

 

I'm sending them an "Account in Dispute" letter today with regard to my CCA request being well over the 12+2 days now.

 

I realise this might be a little pointless since they've already put in a court claim but it'll remind them that I'm still onto them (and at least I'll feel like I'm be proactive!).

 

Any advice please?

 

Is there a letter to send to CABOT/The Court to state that they have not responded to my CPR request?

 

Thanks in advance.

 

PV

[palomino]

There is a template letter here - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html#post1707671 - which you may be able to use. Ensure you read the whole thread first.

[palomino]

I should add of course that you should send back the acknowledgment of claim and state you will be defending all the claim.

You should also state that you will be counter-claiming costs.

[PossVox]

Hi palamino,

 

Thanks for looking at this for me.

 

I sent the form back to the court with a skeleton defence. They have received it and have sent a copy to CABOT to see if they wish to continue. They must notify the court as to their intentions by 18/10/08.

 

I was helped to put together an excellent CPR letter by surfaceagentx20 and this was received by CABOT and thier deadline to respond was 6/10/08. As stated before, I've heard NOTHING!

 

I'm looking for a letter to send to CABOT to tell them that they should have sent me the info requested.

 

I also want to inform the court, by letter, that I feel that CABOT are knowingly witholding information vital to my defence.

 

Is it usual for this total silence following a CPR request?

 

Thanks,

 

PV

[pookeymonkey]

Hi PV,

 

I had a very similar thing with HBOS.

 

I had already CCAed them the out of the blue came court papers from Northampton.I acknowledged these, sent a CPR to HBOS (recieved nothing back) and then submitted a defence.

 

The time for HBOS to reply to the Court elapsed and I eventually phoned the Court to ask what was going on and was told the cased had been stayed (I believe that HBOS need to seek to have the stay lifted if they ever wanted to continue).

 

It feels really unfair that Banks and DCAs are allowed to bring court action without first presenting the relavent documents to back up their claim. I am sure many people panic when a Court claim lands on their doormat and either pay or bury their heads in the sand and end up with a judgement against them by default, I nearly did but the Bank had upset me and my family so much I decided to fight!!!

 

Also report Cabot to the OFT. Although they cannot help with individual cases they took my details and asked for permission to use these as evidence in any further action they may take. I think once a company has logged up enough complaints the OFT look into them as a whole.

 

Good luck, Cabot are also in my sights,

 

Pookey

[PossVox]

Hi Pookeymonkey,

 

Thanks for the reply.

 

I will wait until the time for CABOT to reply to court has passed and then do as you did and phone the court.

 

Did you submit a defence on the court forms or did you submit a fuller one later on?

 

Did you apply for your case to be struck out?

 

I will definitely be reporting CABOT, they're being very devious and making my life hell right now.

 

I still believe this "debt" to be statute barred and, despite me asking for a record of payments, I simply received a 2nd copy of the "Your debt is NOT Statute Barred" letter.

 

Looks like a waiting game then. I HATE waiting!

 

Thanks again.

 

PV

[AndyOrch]

Looks like a waiting game then. I HATE waiting!

 

 

Nothing moves fast in litigation patience is a virtue:rolleyes:

 

Regards

 

Andy

[PossVox]

Thanks Andy.

 

I suppose the fact that I sent a CCA request and CABOT are in default has no value now that they issued a CC claim?

 

I sent an "Account in Dispute" letter today by recorded mail anyway.

 

I'm so scared of it going to court!

 

Regards,

 

PV

[AndyOrch]

Well considering they have instigated litigation they are going to have to find your CCA quickly No CCA = No enforcable debt.

 

Regards

 

Andy

[PossVox]

What's worrying me is that maybe they DO have some paperwork that they'll use in court and they're keeping it as a trump card that they'll produce at the last minute leaving me no time to defend.

 

If they have it then why not send it to me, if they don't have it then just TELL ME!

 

Maybe I'm getting paranoid?

 

I'll try and sit it out a little while longer.

 

Thanks again.

 

PV

[AndyOrch]

Have you submitted an holding defence and if so wait till your AQ arrives you push for the agreement then via Directions so you dont need to worry about them suprising you.

 

Regards

 

Andy

[wilko1]

Sorry to be a bit dim, but what does AQ mean?

[PossVox]

I afraid I rushed the court form due to extreme anxiety! I simply said that:

 

I was disputing in full

I knew nothing of the debt

I had not been provided with proof that the debt was mine despite requesting that proof

That any debt I may have once had was now stat barred

That my CRA files showed no reference to this debt

 

Do I need to send a formal defence to the court? If so, do I need to do that now?

 

Thanks

 

PV

[AndyOrch]

Sorry to be a bit dim, but what does AQ mean?

 

Alocaton Questionire

 

Andy:)

[AndyOrch]

I would wait and see if the Clamant responds to your defence they have 28 days to do this and failure would lead to the case being stayed.I would wait and see if AQs are despatched before doing anything else.

 

I trust the above helps

 

Regards

 

Andy

[PossVox]

Yes, it certainly does help Andy, thanks a lot.

 

They have 10 days left to let the court know of their intent.

 

So I didn't cock up on the initial defence bit then? (Or did I?!!!?)

 

If they don't respond within the 28 days and it's stayed, is there an opportunity for me to apply for it struck out?

 

Sorry to ask so many questions.

 

PV

Edited October 8, 2008 by PossVox
additional question!

[havinastella]

The problem with Cabot is they have 'won' a few cases lately and think they unstoppable.

 

I'm sure you'll get hit with something in court like a payment they have made up

 

Best of luck

 

Jogs

[AndyOrch]

I wouldnt say cocked up but rather paniced which is natural.I would summise your defence was a vague as the Claimants P.O.C;)

 

 

Andy

[PossVox]

The problem with Cabot is they have 'won' a few cases lately and think they unstoppable.

 

I'm sure you'll get hit with something in court like a payment they have made up

 

Best of luck

 

Jogs

 

Well they have said it's not stat barred as I (allegedly) made a payment of £20 on a specific date of a specific month in 2004.

 

In my CPR request, I asked for proof of this payment being made.

 

If they don't provide me the information I've asked for via CPR, then I'm defenceless!

 

Have they won recently in court with a solicitor or by default?

 

You got me worried now! (so I'm havin' a stella as well!)!

 

PV

[steveoram1]

Had exactly the same thing with Cabot. Sent CPR 18 request and defence asking for strike out. Got a Notice of Discontinuance shortly after. Don't worry - sharks like these will not have the neccesary documentation to actually go to court. They just like to harass & intimidate people into paying them but like any bully will soon back off if you stand up to them. I have now sent them a S.10 Data Protection Act leter telling them they better stop processing my data pronto and inviting them to suggest an appropriate level of compensation for the data processing they've carried out in the past without my permission. LBA next - see how they like it!!!

Edited October 8, 2008 by steveoram1

[PossVox]

Hi Steve,

 

That's reassured me somewhat! Cheers!

 

Well done! Good to see Cabot crawling back under their stone for once.

 

The default they put on my CRA file was in 2001 and it fell off, presumably after 6 years, making it stat barred for sure.

 

They're saying I paid some money in 2004---but they haven't been bothered to PROVE that I did! (and, if I had paid then it'd still be there now and until 2010?).

 

They say it's for an MBNA card, if so, then it would have been taken out around 1999 so I guess the CCA may be hard to locate?

 

Thanks again,

 

Time for wine!

 

PV

[PossVox]

Had exactly the same thing with Cabot. Sent CPR 18 request and defence asking for strike out. Got a Notice of Discontinuance shortly after. Don't worry - sharks like these will not have the neccesary documentation to actually go to court. They just like to harass & intimidate people into paying them but like any bully will soon back off if you stand up to them. I have now sent them a S.10 Data Protection Act leter telling them they better stop processing my data pronto and inviting them to suggest an appropriate level of compensation for the data processing they've carried out in the past without my permission. LBA next - see how they like it!!!

 

Steve,

 

What's a CPR 18 please?

 

When can it be sent?

 

They are in contempt of my CPR disclosure request so can I go for a strike out?

 

Ever hopeful!

 

PV

[steveoram1]

PossVox - the request you have already sent is a Civil Procedure Rules Part 18 request in which you request all of the documents the other side wish to rely on in court. You can indeed ask for the claim to be struck out if they fail to provide these as you do not have the opportunity to conduct a meaningful defence.

[PossVox]

Hi Steve,

 

Thanks for getting back to me.

 

I sent a CPR 31.12 Request.

 

I requested the following:

 

1. The Agreement

 

2. The deed or other instrument of assignment by which Cabot acquired the rights

 

3. The default notice

 

4. The demand they say was ignored

 

5. An up to date and complete statement of a/c

 

I gave them 7 days or by the day they respond to the court (under CPR PD 7.1)

 

They received this request on 1st October.

 

So is this the same as CPR 18?

 

Am I up to speed so far?

 

Why have they not responded? Is this a usual tactic of theirs?

 

Thanks.

 

PV