Cabot - Halifax Credit Card - Cabot now started Court Action - Help Please ***SETTLED***

[the_shadow]

Shadow

 

Ref your post #186, I have seen comments from some of the experienced posters, saying that a DN should be sent prior to being sold on to a DCA. If that is correct, then there must be an issue with the sale of lambs account to Cabot.

 

One other point. Surely the Claimant has to provide a signed CCA to the court regardless of whether it is the original or a copy. If they only have a reconstruction then how do they get around s127(3)?

 

Alan

 

Alan, DB has answered the default issue better than I ever could put into words As to the s127(3)? You can claim it but after Carey you need to put forward proof positive of how s127(3) was not complied with and then the judge will decide on the balance of probs who to believe I'm afraid. I'm not saying all judges are like that but certainly recently post Carey they seem to want to take DJ Waksmans overstepping of the mark imho as gospel.

 

S.

[BRIGADIER2JCS]

Hi Alan, on recent experience in court( not my debt)

the judge allowed a reconstituted agreement and the production of statements showing clearly

that the defendant had paid installment on the account that the account/agreement must have existed.

if Cabot can prove that they have been assigned all rights under the agreement they can pursue for payment IMHO.

[lamb909]

Hello

Could somebody please just advice - they signed for the CPR on the Monday 16th so do they have to reply by Sunday 22nd (which would be 7 Days) which would mean I would have to receive something tomorrow as no post on Sunday or do they have till 23rd (which would be Monday)?

[the_shadow]

Hello

Could somebody please just advice - they signed for the CPR on the Monday 16th so do they have to reply by Sunday 22nd (which would be 7 Days) which would mean I would have to receive something tomorrow as no post on Sunday or do they have till 23rd (which would be Monday)?

 

I think you would have to give them till close of play Monday tbh.

 

S.

[BRIGADIER2JCS]

Probably Monday IMHO.

[lamb909]

Cheers, another question if you don't mind, what happens if they don't reply by Monday. If somebody could explain the process that would be great and very much appreciated

[The Mould]

Cheers, another question if you don't mind, what happens if they don't reply by Monday. If somebody could explain the process that would be great and very much appreciated

 

Hello Lamb

 

If the claimant does not respond to your CPR request, then if you are defending, you should prepare and file your defence to the court and in your defence statement you should bring the claimant's non-compliance of his duties under said CPR to the court's attention and ask the court (respectfully) to exercise its powers and order the claimant to comply as he is not assisting the overriding objectives.

 

Read up on the Civil Procedures Rules at the Ministry of Justice web site as the rules are there to help you understand the process of the proceedings.

 

Kind regards

 

The Mould

[the_shadow]

OR... you could issue an application for a strike out for non-compliance and ask the judge to either strike out or issue an Unless order, this basically gives them the ultimatum put up or shut up......Because of course once the claim gets allocated it will more than likely be small claims and then cpr31.14 doesnt apply so the judge may not even care whether they responded.

 

 

Personally.... I'd be contacting the opposing solicitor and asking them to extend the time to file the defence until such time they have complied with the CPR 31.14 and given you time to digest the information that they supply, if they say No then I would be telling them that I would be putting in an application to extend the time to file the defence and I would be seeking the costs of the application from them.. but thats just me.

 

S.

[The Mould]

OR... you could issue an application for a strike out for non-compliance and ask the judge to either strike out or issue an Unless order, this basically gives them the ultimatum put up or shut up......Because of course once the claim gets allocated it will more than likely be small claims and then cpr31.14 doesnt apply so the judge may not even care whether they responded.

 

 

Personally.... I'd be contacting the opposing solicitor and asking them to extend the time to file the defence until such time they have complied with the CPR 31.14 and given you time to digest the information that they supply, if they say No then I would be telling them that I would be putting in an application to extend the time to file the defence and I would be seeking the costs of the application from them.. but thats just me.

 

S.

 

Hello Shadow

 

Yes, very sound advice.

 

Kind regards

 

The Mould

[lamb909]

Morning

Well the postie hasn't brought a reply from Morgans solicitors today, so please could somebody advice me what to do next please. Cheers

 

Also, thank you all for your help but the reasons that I thought I could defend seem to have been blown out of the water and I have no idea now what to use as my defense so if somebody could help with that, it would be great and very appreciated. I'm not sure exactly what to put, sorrry

[caro]

See Shadow's post 208 above lamb.

 

For info, there is a suggestion that the info in this thread should be used in any case involving Cabot. http://www.consumeractiongroup.co.uk/forum/showthread.php?120057-Cabot-Test-Case!&highlight

[lamb909]

God, I'm shaking, just called Morgans and spouted out what Shadow (thank you) said above (felt very proffessional though) and they said they are dealing with my request and will allow an extra 28 days for me to file defense after I have received their letter, the letter will have a date on it which will be the date I have to file my defense. I asked if it was 28 days from the date I received their response and they just said it will state the date in the letter they send me.

 

Have I done ok? What do I do know? Am in the middle of reading the thread you posted Caro, thank you for that

[lamb909]

Caro, re the thread you posted, I'm not sure how I could incorporate that in my case? Or maybe I am just being dumb?

[lamb909]

Sorry just had a thought, will the Court have to know these new details, will they be expecting a defense from me soon or will Morgans sort it all out

[caro]

Make sure that the court know about this. You need it in writing from them that they agree to the extra time, but the court need to know it too. It wouldn't be the first time that such an agreement was made verbally, the court not told, and the claimant gets summary judgment because no defence has been submitted.

 

The point of the thread I linked is that at least some Cabot debts were assigned to them in the Irish Republic, which of course doesn't come under UK law, so they have no right to pursue debts. 42man provided the link for me and said:-

 

This is the Cabot test case about the offshore assignment - (most of the debts were originally with MBNA). It is an issue that really should be mentioned in any Cabot court case....

 

I have no idea if this applies in your case but it may be worth you looking into it.

[lamb909]

Thanks Caro, should I let the court know or will Morgans. (re- the 28 day extension). I feel like I'm asking basic stuipd questions that the answer to will be obviou but never been in this situation before sow want to make sure I get it right and if I don't ask I may trip up, so apologies for all the posts and questions.

 

I understand the thread and what 42man has said, just not sure how to go about finding out if this could apply to my case. I'll have another read of it and see if I can get the jist of it, it wont hurt to get some more idea of what its all about.

 

Appreciate all you help Caro

[lamb909]

At this stage, when I now have 28 days from receipt of CPR request (I'm assumin) to file my defence, can I send a SAR, just not sure how it would work as the SAR request has 40 days in which to reply whilst the response to the CPR is a few days shorter.

[The Mould]

At this stage, when I now have 28 days from receipt of CPR request (I'm assumin) to file my defence, can I send a SAR, just not sure how it would work as the SAR request has 40 days in which to reply whilst the response to the CPR is a few days shorter.

 

Hello Lamb

 

Contact the claimant's Solicitors on the morrow and request he send you an email or fax confirming his agreement to the extra time agreed between you two parties for filing your defence, get it in writing (as stated) and send it to the court asap.

 

Kind regards

 

The Mould

[the_shadow]

Hi Lamb,

 

Sorry been away from the computer all day... Well done for phoning them, these people like to rely on the fact that letters from solicitors scare people, it sometimes can be a good thing just to pick up the phone to them and realise they are actually human... well at least something akin to that

 

Anyway as you've been advised its YOUR responsibility to advise the court of the extension, as the Mould has suggested it would be nice to get it in writing from the solicitor and it might be worth phoning again tomorrow and asking for confirmation an extension has been granted. I suspect they'll say that a letter will be forthcoming giving you the date but your key date is the last filing date for the defence. In the worst case scenario when they havent sent anything YOU should advise the court that the claimant agreed verbally to extend the time and yet wont give it in writing... it shows unreasonableness on their part.

 

If you phone the northampton court and quote your reference number they will be able to give you the last date that the defence has to be lodged by.. I believe there was a question of whether it was a friday or a monday to file so this would clarify.

 

S.

[caro]

Send in the SAR anyway, because the info from the CPR should have everything for your defence. I believe the 28 day extension is on top of the 28 days you already have, but as Shadow says, check with the court and make sure that you have everything in writing and that the court do too.

[lamb909]

Just phoned Morgans and they have just said a letter confirming the extension has been sent out to me, just a quickie, do I have to let the court know before I get this letter, if so should I do it in writing or can I call them? Many thanks

[Bazooka Boo]

I'd give them a bell, and get their name details.

[the_shadow]

Just phoned Morgans and they have just said a letter confirming the extension has been sent out to me, just a quickie, do I have to let the court know before I get this letter, if so should I do it in writing or can I call them? Many thanks

 

You have to let the court know in writing and provide a copy of the letter that confirms the extension... therefore you need to wait for the extension but if it gets to the deadline YOU MUST phone the courts and let them know. Did you get the last filing date from the court?

 

S.

[The Mould]

Just phoned Morgans and they have just said a letter confirming the extension has been sent out to me, just a quickie, do I have to let the court know before I get this letter, if so should I do it in writing or can I call them? Many thanks

 

Hello Lamb

 

Telephone the claimant's Solicitors again on the morrow morning, give them your email address and ask them to email the claimant's written confirmation of his agreement to extend the time-scale for filing your defence by a further 28 days. Chase them up Lamb.

 

Kind regards

 

The Mould

[rippedoffagain]

Good news!

 

Link