cabot refuse cpr and threatening high costs

[sonic140]

Got ccj from cabot (mbna). suspected it was statute barred so defended case. now been sent to local court. filled in alloc form and sent off cpr letters to cabot. sent embarrassed defense etc.

 

got letter from cabot basically saying they only had to send me notice of assignment and werent obliged to send anything else. Also on their alloc form, they have put it through Fast track and said hearing will expect to take more than three days with costs of £3900. they have asked for more time too.

What do i do now? how can i defend it if i dont have any paperwork and dont know what to do next. Any help, please?

[cymruambyth]

Hi, I think this is a game Cabot like to play to scare people!

What was on your POC, without being too specific about amounts.

What makes you think it is SB,? Have you sent sent off a CCA request and have you sent a Subject Access request to see when the last payment was made? If last payment to MBNA, send this with a £10 PO to them.

[Ruprecht]

Send them a Subject Access Request as per the Data Protection Act 1998.

 

Make sure you always refer to it as an alleged debt.

 

What CPR requests did you send them? Part 18 and/or Part 31.14?

 

You need to try and kill this before allocation, make an application to the court seeking an order that they comply with the CPR request you made or that their claim be struck it.

 

Hopefully you will find it is statute barred with the above....

 

Stop calling it a CCJ, that's only when they have obtained a judgment against you! :-P

[NailPost]

Turn the tables on this crowd and make them pay for their arrogance. As suggested earlier get the court to make an order to supply the documents required or the matter is struck out. Court officials know the drill and will help you prepare the application (or they will at least check the firms are filled in correctly)

 

If Cabot continue to play silly beggars let them try explaining to a judge why they have not complied with a court order. Then hit them with an application for your costs!

[NGEddie]

So the CPR is done once it reaches local court, or can it be done before?

 

Thanks

 

E

[cymruambyth]

You can do CPR 31.16 before court, 31.14 after it reaches court and before a track is arranged (I think )

[postggj]

You Are Corect Cymruambyth

 

Under The Cpr 31.14 The Claimant Has To Release What Is Stated In The Poc

 

What Is The Poc From Cabot

 

Just Confirm This Is A N1 Claim Form Or A Set Asside Application

 

What Was Cabots Poc

[42man]

You might also find this of great interest - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

[DonkeyB]

I can't believe they are trying to hoodwink a court via an AQ that a simple case will take three days! On what grounds do they claim three days? Have they requested expert witnesses? Murderers get put away in fewer than three days!

 

This is worthy of complaint, as it's clear intimidation and clearly an absurd scenario, but I'm not sure who you can complain to other than the court. I think a letter to Cabot demanding the reasons for a supposed three-day trial is in order.

[sonic140]

thanks for all responses. greatly reassuring to know there is help. just going through comments now and will get back to you all. again cant thank you all enough for help:D:D

[sonic140]

hi sent cpr18 and cpr 31.14.

poc are

claimant is assignee of debt from mbna

notice of assignment sent in writing (went to old address)

despite demand for payment 9997.88 remains due. claimant claims

10287.88 and interst under s.69 county court act and costs.

 

they havent put in any experts on their form.

 

think its SB because left old address in 2004 and hadnt been paying for about a year before.

do i send access request to mbna or cabot?

[42man]

Sonic if it is statute barred then you MUST use this - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html

[42man]

You might like to send this recorded too - just to keep the pressure on them - this is a direct link to the same thread as above but an interesting CPR !! - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html#post1744862

[sonic140]

hi

got confirmation from court that the 3 and a half day hearing was an error and it is 3 and a half hours. Costs are still on as £3900!! asked lady at court how to submit cort order but she was very vague. just told me to write a letter. Anybody got any suggestions. getting anxious as what to do next. Also have just changed shifts in my job and the dates i put down on my aq dont apply now. can i resubmit the dates?

[vjohn82]

This claim is "multi-track" until it has been allocated by the Judge.

 

Have you gotten the information from MBNA yet? If not CALL THEM... find out the last date of payment for the account. This is the quickest way to find out.