Cabot Claim Stayed-advice Needed Please On What To Do Next

[Bernie259]

Hi, I have asked this question on another Cabot thread that has all details of my claim (not sure how to link it to this one?) Not had a response so I thought a new thread might help.

"Hi, this was is largely directed at PT 2537 (he may be on holiday?) who kindly drafted me a witness statement and draft order for a N244 Application a few weeks back. You will recall I was a little hesitant as whether to file it at that stage, however, I agreed it was the best course of action, there was some delay sending it off as I was waiting for a letter from the DWP to support my exemption application, it was then returned because of an error and the fact the exemption form I had downloaded was now outdated, resubmitted it, then it was returned again because the DWP letter was not signed and had to wait for another.

 

In the meantime two things have happened, one, Cabot responded to my Subject Access Request with a bulky set of papers, for the three credit card accounts, which I had to go through before I resubmitted the N244 in case they had provided the documents we were requesting, there was nothing of any significance for Monument apart from a printed paper advising Kingshill No.1 Ltd had bought that debt (not Cabot Financial (UK) and an application form, nothing at all for Citi Financial, however, there was a two page signed agreement for Cahoot (mostly illegible) the prescribed terms are not on the signature document, it was for the first credit card, and says APR is based on a limit of £100 (not £8000) there is nothing to justify or explain all the charges Cabot have added, no default notices, and all the Cahoot statements are more their coded records, not customer statements.

 

I phoned the court today for advice, they said Cabot’s deadline for responding to my defence was 2nd July and they would now have to make an application to continue the action and explain the delays. I asked if I would have to re-date my N244 they returned with all the papers? She said the fact they have not responded to your defence means there is no need for an N244, she said they are usually used to have a judgement set aside, and in this case there is no judgement against you, and the judge will stay it in 14 days from 2nd . What’s your take on this now, do I go ahead and file the N244 as it stands giving them a further 21 days to comply, or let sleeping dogs lie? "

 

All opinions appreciated

 

Kind regards

 

Bernie

[trooper68]

Hi, I have asked this question on another Cabot thread that has all details of my claim (not sure how to link it to this one?) Not had a response so I thought a new thread might help.

 

 

"Hi, this was is largely directed at PT 2537 (he may be on holiday?) who kindly drafted me a witness statement and draft order for a N244 Application a few weeks back. You will recall I was a little hesitant as whether to file it at that stage, however, I agreed it was the best course of action, there was some delay sending it off as I was waiting for a letter from the DWP to support my exemption application, it was then returned because of an error and the fact the exemption form I had downloaded was now outdated, resubmitted it, then it was returned again because the DWP letter was not signed and had to wait for another.

 

In the meantime two things have happened, one, Cabot responded to my Subject Access Request with a bulky set of papers, for the three credit card accounts, which I had to go through before I resubmitted the N244 in case they had provided the documents we were requesting, there was nothing of any significance for Monument apart from a printed paper advising Kingshill No.1 Ltd had bought that debt (not Cabot Financial (UK) and an application form, nothing at all for Citi Financial, however, there was a two page signed agreement for Cahoot (mostly illegible) the prescribed terms are not on the signature document, it was for the first credit card, and says APR is based on a limit of £100 (not £8000) there is nothing to justify or explain all the charges Cabot have added, no default notices, and all the Cahoot statements are more their coded records, not customer statements.

 

I phoned the court today for advice, they said Cabot’s deadline for responding to my defence was 2nd July and they would now have to make an application to continue the action and explain the delays. I asked if I would have to re-date my N244 they returned with all the papers? She said the fact they have not responded to your defence means there is no need for an N244, she said they are usually used to have a judgement set aside, and in this case there is no judgement against you, and the judge will stay it in 14 days from 2nd . What’s your take on this now, do I go ahead and file the N244 as it stands giving them a further 21 days to comply, or let sleeping dogs lie? "

 

All opinions appreciated

 

Kind regards

 

Bernie

 

 

Hi Bernie Kingshill and cabot are the same company (the reg number are the same).

 

The problem is that Cabot have a nasty streak, they will sell the dept on to another DCA. You state that you have the SAR back, and that they sent in three Credit cards, check the the agreements, are they signed by you or the bank or are they blank? Are they trying to pass off a application form as an agreement? Past them up for us to have a look?

As I said they are sneaky..

 

I'm not sure if you can submit a N244 just yet, if it was me I would give them the 28 days then submit and ask the DJ to have the DCA remove the data, so thay cannot sell on the account.

 

Trooper68

[Bernie259]

Hi, Thanks very much for that. The SAR only produced one credit agreement for the Cahoot card, an application form for monument and nothing for Citi Financial, no defaults for any of the accounts and only their headed letters (regenerated) saying they bought the debts, they are abviosley struggling to put together a reply to the defence which placed the onus on them to prove everything. I am severley disabled and maybe they have had a change of heart if their claim is weak? I had read on a thread that a judge advised is was risky sometimes filing a N244 giving them three weeks to come up with everything because it might just prompt them to do just that, this is a £20,000 claim. A big thing in my case, that I have not brought to Cabots attention is even if they do manage to get a default judgement the court cannot order me to pay what I cannot afford, so I presume they are looking at getting a charging order, the problem for them there is I only have about £37,000 equity in the property, and the NHS already have a judgement against me for £75,000, which they have not enforced on compassionate grounds, if Cabot are going to be heartless then I may as well offer the NHS the equity instead.

 

Thanks again

Bernie

 

Thanks Bernie

[Bernie259]

I will try and scan them and post them up later

 

Bernie

[I've got no money]

N244's are used for most applications not just applications to set aside judgment.

 

At this point, however, I would hold off on the N244. The proceedings have been stayed - if/when the other side have the stay lifted I would lodge it at that point.

[mercyblue]

Don't forget it will cost them to lift a stay.

[I've got no money]

True - but creditors like this often apply to lift the stay

[mercyblue]

Thats true but once they have applied to lift the stay, which they will get they don't need to have any problem getting that, it will also cost them to send out the AQ

[I've got no money]

Thats true but once they have applied to lift the stay, which they will get they don't need to have any problem getting that, it will also cost them to send out the AQ

 

Oh yes that is true BUT don't forget that as far as the fees paid by the claimant on the AQ and listing go if they win they recover them from the other side. The fee payable to lift the stay shouldn't be recoverable.

[mercyblue]

Again true but their costs are starting to add up without a clear chance of success do they really want to spend that??

[I've got no money]

The costs are only one of the factors that a claimant considers when deciding whether to pursue a claim or not...I don't know anything about the details of the claim or as to whether this claimant thinks that its' worthwhile.

[Bernie259]

Thank you all for your comments, I think it would be wise at this stage to wait and see, and as you advise, file the N244 if they apply to have the stay lifted, I could also write to Cabot at that stage and put my cards on the table and advise them that if their is any possibilty that they would get a charging order then I would invite the NHS to enforce their order first, at least the money would be going to a better cause and I know they would not make us homeless.

 

 

I have read that a claimant can apply to have a stay lifted without informing the defendant, does anyone know if thats correct?

 

Regards

Bernie

[I've got no money]

Thank you all for your comments, I think it would be wise at this stage to wait and see, and as you advise, file the N244 if they apply to have the stay lifted, I could also write to Cabot at that stage and put my cards on the table and advise them that if their is any possibilty that they would get a charging order then I would invite the NHS to enforce their order first, at least the money would be going to a better cause and I know they would not make us homeless.

 

 

I have read that a claimant can apply to have a stay lifted without informing the defendant, does anyone know if thats correct?

 

Regards

Bernie

 

At this stage I wouldn't contact them - incidentally as far as the NHS Charge goes - as its' there first it has priority...

 

Yes - at this stage they can apply to lift the stay without telling you

[trooper68]

Hi, Thanks very much for that. The SAR only produced one credit agreement for the Cahoot card, an application form for monument and nothing for Citi Financial, no defaults for any of the accounts and only their headed letters (regenerated) saying they bought the debts, they are abviosley struggling to put together a reply to the defence which placed the onus on them to prove everything. I am severley disabled and maybe they have had a change of heart if their claim is weak? I had read on a thread that a judge advised is was risky sometimes filing a N244 giving them three weeks to come up with everything because it might just prompt them to do just that, this is a £20,000 claim. A big thing in my case, that I have not brought to Cabots attention is even if they do manage to get a default judgement the court cannot order me to pay what I cannot afford, so I presume they are looking at getting a charging order, the problem for them there is I only have about £37,000 equity in the property, and the NHS already have a judgement against me for £75,000, which they have not enforced on compassionate grounds, if Cabot are going to be heartless then I may as well offer the NHS the equity instead.

 

Thanks again

Bernie

 

Thanks Bernie

 

 

Hi Bernie

 

Hang in there buddy, stick up the paperwork.

 

Trooper68

[Bernie259]

URGENT ADVICE REQUIRED PLEASE

Hi to you all, I really do need your help again, I have just received court papers confirming Cabot has applied to have the stay lifted some 20 months after the court stayed their claim and the court has granted this, and sent me an AQ to fill in and send to my local court, there are no details of the grounds the court has considered to grant this lifting after so long, it was stayed because Cabot could not provide any of the documentation needed to support their claim of £20,000 for 3 different credit card debts, and could therefore not file a response to my defence, its seems grossly unfair to leave this hanging over a severely disabled person and I feel they are taking advantage of my poor health, they have not complied with CPR, the court papers state I can apply to have the decision set aside? I am very confused, because if I don’t know the grounds they have considered to grant the lifting then how can I prepare arguments against this. I would be very grateful if anyone could advise me what I need to do now, I have until 7th March to respond, this is causing us a lot of anxiety.

Thank you

Bernie

[Bernie259]

This is a very old thread, as this is very urgent should I start a new one?

Thank you

Bernie

[volvodriver]

This is a very old thread, as this is very urgent should I start a new one?

 

Thank you

 

Bernie

No

 

Hit the triangle at the bottom left of your post, thus will alert the site team that you need help.

[Bernie259]

HELP !!!

 

I have just looked at the court papers which were delivered while we were away, it states we have 7 days from service of this order to apply under Part 23 Rule 10 to set aside or vary, the Order is dated 18th February but we did not get it until 27th when we returned home, is the date of the order the same as service? Is there anything we can do now?

Thanks

Bernie

[Bernie259]

Thanks, done it.

Bernie