Cabot issued County Court Claim:::HELP PLEASE

[PossVox]

At what point can I request the case be struck out?

 

Cabot are already way over the deadline set in the CPR request.

 

Is there a CPR request letter to request a case struck out?

 

Thanks

 

PV:-)

[PossVox]

Hi,

 

It's been suggested that I send an N244 form into the court to ask for the case to be struck out.

 

I've downloaded a copy but it looks quite complex to fill in.

 

Can anyone help me with this please.

 

Any advice would be most welcome.

 

Thanks

 

PV

[AndyOrch]

Possvox

 

The claimant still has 9 days to respond to your defence and failure will lead to the case being stayed.You cant submit a N244 at this stage to strike out for non complience to CPR18 you will direct that in your AQ if you recieve one.

If you do recieve one you can attach the CPR 18 Request to the AQ and seek a direction that it be answered within 21 days of its receipt. The Request need not deal with the disclosure of documents since that will be covered under CPR 31 and the standard directions order which follows receipt of the AQ. Also the need to inform the Claimant and Court the fact that this debt is Statue Barred also.The Request should be limited to obtaining information for the purpose of clarifying issues in the case.

 

You really do need to excercise some patience in this matter as I have stated earlier nothing moves fast in litigation.

 

I trust the above is of help.

 

Regards

 

Andy

Edited October 9, 2008 by Andyorch

[PossVox]

Thanks Andy, I appreciate your support and advice.

 

I will try to relax and let the system run it course.

 

I'll come back when the time is up or I receive something from the court.

 

Thanks once again.

 

PV

[alanalana]

And do not forget that alanalana from the PPI forum is here to give you support in this we Cagers get everywhere:D

 

Good fortune with this and do not forget you still have a PPI claim to go:cool:

 

aa

[PossVox]

Here's the CC Claim showing the POC.

 

http://i164.photobucket.com/albums/u7/PossVox/CRAPOT001.jpg

 

Thought it might be useful for others to see:

 

 

PV

Edited October 10, 2008 by PossVox

[PossVox]

Hi all,

 

Thought I'd scan and post this "Notice of Assignment" which I received dated 5 days AFTER Crapot started their CC Claim.

 

 

Any comments re it's authenticity/validity would be most welcome.

 

It arrived in an envelope postmarked Chester so I think it actually DID come direct from MBNA.

 

Still nothing at all from Crapot re my CCA request or news as to whether they intend to proceed to court.

 

Many thanks.

 

PV

[PossVox]

Hi,

 

Just an update.

 

No response to my CCA request, so I sent the account in dispute letter (even though I'm waiting to hear if they are going to proceed with CC action, I needed to send them something to make me feel better!).

 

They have ingnored everything in the letter except the S.10 data processing part.

 

This is their response:

 

 

I guess I'd better send for my credit files?!!

 

Any other advice please anyone?

 

Thanks PV

Edited October 15, 2008 by PossVox

[AndyOrch]

You have to laugh dont you:D

 

Onwards and upwards PossVox.

 

Regards

 

Andy;)

[PossVox]

You have to laugh dont you:D

 

Hi Andy,

 

Well, I'm trying to laugh but I'm getting more and more frustrated and angry!

 

Kings Hill No.1 placed a default for this a/c in 2001 and it then fell off my file...can they legally default me again for the same a/c?

 

Is it 33 working days, or is it calendar days, for Cabot to respond to my defence?

 

If it's calendar days then their time is up on Saturday 18/10.

 

Sorry for asking lots of questions.

 

Many thanks,

 

PV

[AndyOrch]

Hi Andy,

 

Well, I'm trying to laugh but I'm getting more and more frustrated and angry! Patience with litigation

 

Kings Hill No.1 placed a default for this a/c in 2001 and it then fell off my file...can they legally default me again for the same a/c? In effect the Default Note terminates the agreement so to issue a second one then you would have to revive said terminated agreement:confused:

 

Is it 33 working days, or is it calendar days, for Cabot to respond to my defence? No its 28 days

 

If it's calendar days then their time is up on Saturday 18/10.Sit tight then

 

Sorry for asking lots of questions.

 

Many thanks,

 

PV

 

 

Regards

 

Andy:cool:

[PossVox]

Thanks Andy.

 

Not much longer to wait now......

 

The court told me 33 days plus 5 days from the 15th October to allow for postage.

 

PV

[alanalana]

Can someone please explain to a legal layman (If that), How the heck (being polite following forum rules) can Cabot claim to have the legal right to process your data if you did not enter into any agreement directly with them? Is this just posturing by another useless, underhand outside the law DCA?

 

aa

[PossVox]

Hi aa,

 

Well, since the original agreement was terminated and is now stat barred, perhaps Crapot should ask me nicely to sign a new agreement with them....NOT LIKELY!

 

I'm about to send them this (an ODC composition).

 

Dear Ms Robertson,

 

Thank you for your letter dated 13/10/08, the contents of which have been noted.

 

You state that under the original agreement you have the right to process my data. As you do not actually have this agreement, how can you be sure one exists and that you have my permission to process my data?

 

As it stands at present you do not have any proof of written permission to process my data. For this reason, you and your company are therefore in breach of the Data Protection Act.

 

I look forward to your written response within the next 7 days.

 

Yours faithfully,

 

Or do you think I should hold fire until they let the court know if they're proceeding?

 

Thanks,

 

PV

[havinastella]

PV,

 

Sort the court case out first and then clean everything else up afterwards.

 

JOgs

[PossVox]

Hi HAS,

 

Yes, good advice, thanks.

 

You know how it is, you feel better when you're firing stuff back at these idiots!

 

Only got to wait until Saturday then their time's up with regard to deciding what they're doing.

 

Will keep updating.

 

Thanks again,

 

PV

 

p.s. I'm having a Carlsberg!

[PossVox]

Hi,

 

Just an update.

 

Received a letter this morning stating my account will remain on hold until further notice as they are experiencing a delay in obtaining my CCA from the archives. They say 24 days has passed since my request.

 

Question-how does this affect the Court claim please?

 

Thanks

 

PV

[AndyOrch]

It remain on Stay until they find it and wish to proceed.

 

 

Regards

 

Andy

[PossVox]

Hi Andy,

 

Thanks for looking in again.

 

Can I get it struck out at some point?

 

The court tell me that Monday 20th is now Cabot's final day to respond to my defence.

 

I know I need to be patient but I'd like to put all this behind me as soon as the litigation process allows.

 

Many thanks,

 

PV

[AndyOrch]

Hi PV

 

You may wish to write to the Claimant inviting them to amend their P.O.C because on the face of it how can they make a claim if they cant produce said agreement:confused:They cant respond to your defence either until its/If ever located.

 

Just a suggestion

 

Regards

 

Andy;)

[PossVox]

Hi Andy,

 

So I'm effectively asking them to "put up or shut up" by asking them to amend?

 

I'm certain this is stat barred anyway so I don't think they'll find the agreement.

 

They claim a payment was made in 2004 and, despite being asked for proof of payment, they have not replied.

 

They have not responded to my CPR request either.

 

Could you please give me an idea of how to word the request to them to amend their POC?

 

Maybe when they realise they have no paperwork then they'll drop the case?

 

Thanks a lot,

 

PV

[AndyOrch]

have you ever sent them the SB letter throughout these proceedings?

 

 

Andy

[PossVox]

Yes, I sent it at the outset. They replied to say I made a payment of £20 on **/**/2004 so they had a right to collect.

 

I wrote back to ask for proof of payment and got exactly the same template letter in reply.

 

So they've never proved the payment was made. I know for sure it wasn't!

 

Thanks,

 

PV

 

p.s.

Kings Hill No.1 placed a default for this account on my file in Oct 2001 and it's fallen off m:-)y CRF now. If a payment had been made in 2004 then surely it would still be on there until 2010?!

[AndyOrch]

Yes, I sent it at the outset. They replied to say I made a payment of £20 on **/**/2004 so they had a right to collect.

 

I wrote back to ask for proof of payment and got exactly the same template letter in reply.

 

So they've never proved the payment was made. I know for sure it wasn't!

 

Thanks,

 

PV

 

p.s.

Kings Hill No.1 placed a default for this account on my file in Oct 2001 and it's fallen off m:-)y CRF now. If a payment had been made in 2004 then surely it would still be on there until 2010?!

Very true

PV I can assist you with a letter but will have to be next week now as im due to leave shortly and will be away for the weekend.

Regards

Andy

[PossVox]

That's excellent Andy, thank you so much.

 

Have a great weekend my friend.

 

speak soon.

 

PV