Cabot has stay lifted after 18 months- urgent advice needed please

[Bernie259]

URGENT ADVICE REQUIRED PLEASE

I Have posted this on the original thread but had no response so getting worried

 

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

 

UPDATE

 

Having looked at the court papers they are dated 18th February so I could be out of time (7 days) to apply to have it set aside? I got them yesterday as we were away, and the deadline of 7th March is for filing the AQ. I have telephoned the Northampton Court and they say its with my local court now so they are out of it, seems the ball is rolling which is part of their plan of leaving it stayed for so long, hoping I will be too ill or have forgotton all about it and a default judgement slips through, my local court says they got it on 22nd, so my deadline may be 1st March tomorrow, so I would have to file an application tomorrow to have any chance, I have also written to the court today explaining the situation, I am desperate for some help, nothing in over 24 hours, there was usually someone around within minutes, maybe there are more problems than helpers? Any advice as always would be greatly appreciated.

Bernie

[Bernie259]

Looks like I am hitting the wrong triangle for help, I am reporting myself for abuse lol

[maroondevo52]

Hi, Bernie.

 

It's been 'flagged' for attention.

 

Regards.

 

Scott.

[AndyOrch]

Hi Bernie, simply make application to stay/set a side their application, on the grounds you state in post 1.

 

Regards

 

Andy

[Guest]

bernie

to poss assist anyone looking in, are these your background thread(s) on this?

http://www.consumeractiongroup.co.uk/forum/showthread.php?199089-Cabot-Court-Claim-Help-Needed

http://www.consumeractiongroup.co.uk/forum/showthread.php?209885-Cabot-Claim-Stayed-advice-Needed-Please-On-What-To-Do-Next&highlight=

[Bernie259]

Yes, they are my threads around the time the claim was stayed back in 2009.

Thanks very much

[Bernie259]

Thanks Andy, I will have a go at doing that tomorrow

[Bernie259]

Hi, Does anyone know of DCA's applying to have stays lifted after very long periods, (20 months), and courts granting this as a formality, and not asking why they have done nothing in all this time, or what new evidence they have, all seems to go totally againsts the principles of the Civil Proceedure Rules, with strict deadlines to make sure claims do not hang around for years. I am asking because no one here has responded with any advice or told of having a similar experience.

Regards

Bernie

[Ganymede]

Hi, Does anyone know of DCA's applying to have stays lifted after very long periods, (20 months), and courts granting this as a formality, and not asking why they have done nothing in all this time, or what new evidence they have, all seems to go totally againsts the principles of the Civil Proceedure Rules, with strict deadlines to make sure claims do not hang around for years. I am asking because no one here has responded with any advice or told of having a similar experience.

 

Regards

Bernie

 

 

 

It is fairly routine to have a stay lifted and quite easy and probably happens a lot more than you think. 20 months is not a very long time really.

 

It sounds like the order was made ex parte and so you should request a copy of their application notice as this will give the reasons they want the stay lifted and look to have the order set aside depending on what is says.

[Bernie259]

ADVIDE PLEASE ON IF I SHOULD / NEED TO FILE AQ

Hi to all,

I wrote to the district judge explaining the long delays and non compliance of the claimants in their claim, saying it was unfair leaving a claim hanging over a disabled person for almost 2 years in the court, seeking guidance regarding making an application to set aside and strike out (that I enclosed) as the order was received outside the 7 day period due to being away, the judge looked at it that day and granted the application, in all my 10 years of litagation with the medical claim and debts that followed I have never known the court to act so fast !, I have also written asking for a copy of the claimants application and supporting evidence to have the stay lifted and hope that it arrives before the hearing, thats if they filed anything?

My question is when the stay was lifted I was also sent an AQ to file, the deadline now being before my application to set aside/strike out is heard, do I still have to meet the earlier deadline of filing the AQ? If I do it could stop me filing an amended defence if they do manage to provide any documents to support their claim?

My other question is which track do I choose, this is difficult because they have lumped 3 different credit card debts together on one claim form, debts they claimed to have bought and added loads of charges to, totalling £19,000, if they were filed as seperate debts they may have come under small claims?

Thanks

Bernie

[Satterthwaite]

Bernie, good luck with this I hope you get the help you are looking for! I am going through something similar with Cabot (3 claims in 1).

Edited March 4, 2011 by Satterthwaite
spelling

[The Mould]

ADVIDE PLEASE ON IF I SHOULD / NEED TO FILE AQ

Hi to all,

I wrote to the district judge explaining the long delays and non compliance of the claimants in their claim, saying it was unfair leaving a claim hanging over a disabled person for almost 2 years in the court, seeking guidance regarding making an application to set aside and strike out (that I enclosed) as the order was received outside the 7 day period due to being away, the judge looked at it that day and granted the application, in all my 10 years of litagation with the medical claim and debts that followed I have never known the court to act so fast !, I have also written asking for a copy of the claimants application and supporting evidence to have the stay lifted and hope that it arrives before the hearing, thats if they filed anything?

My question is when the stay was lifted I was also sent an AQ to file, the deadline now being before my application to set aside/strike out is heard, do I still have to meet the earlier deadline of filing the AQ? If I do it could stop me filing an amended defence if they do manage to provide any documents to support their claim?

My other question is which track do I choose, this is difficult because they have lumped 3 different credit card debts together on one claim form, debts they claimed to have bought and added loads of charges to, totalling £19,000, if they were filed as seperate debts they may have come under small claims?

Thanks

Bernie

 

Good evening Bernie

 

Yes, file your AQ and you can also serve a Draft Order for Directions with your AQ, where, amongst other things, you can request permission from the court to file/serve an amended defence to this action.

 

You can find an example of an AQ and Draft Order for Directions on this legal issues forum under the poster's name 'vic synex'. Hang on I shall go and look at the title of the thread/case again, back in a min.

 

Kind Regards

 

The Mould

[The Mould]

Hello again Bernie

 

The title of 'vic synex' thread/case is - 'Can someone help with my defence please?', the Allocation questionaire example is on Pg 2 post numbers #33 & 36.

 

The Draft Order for Directions example is on Pg 3 post number #42.

 

I hope that will help you somewhat Bernie.

 

Kind Regards

 

The Mould

[Bernie259]

Thank you both very much, I will have a look at that later, so I will have to state in the AQ that pending my application to strike out, I seek further permission to file an amended defence after full disclosure, or words to that effect?

Bernie

[The Mould]

Thank you both very much, I will have a look at that later, so I will have to state in the AQ that pending my application to strike out, I seek further permission to file an amended defence after full disclosure, or words to that effect?

Bernie

 

When you have a look at the said examples Bernie, everything should become clearer to you as far as requesting permission to file amended defence, your request to amend should be stated in the Draft Order for Directions.

 

Any problemo's memo's on this matter Bernie, then do not hesitate to send a 'call of the wild' signal to me and I shall hear you and help you.

 

Kind Regards

 

The Mould

[maroondevo52]

 

The title of 'vic synex' thread/case is - 'Can someone help with my defence please?', the Allocation questionaire example is on Pg 2 post numbers #33 & 36.

 

The Draft Order for Directions example is on Pg 3 post number #42.

 

I hope that will help you somewhat Bernie.

 

Kind Regards

 

The Mould

 

 

Link to thread.............http://www.consumeractiongroup.co.uk/forum/showthread.php?291547-Can-someone-help-with-my-defence-please&highlight=%27Can+someone+help+with+my+defence+please%3F%27

[The Mould]

Link to thread.............http://www.consumeractiongroup.co.uk/forum/showthread.php?291547-Can-someone-help-with-my-defence-please&highlight=%27Can+someone+help+with+my+defence+please%3F%27

 

Thank you for that Scott.

 

Kind Regards

 

The Mould

[Bernie259]

ADVICE AND SUGGESTIONS PLEASE

Re: Cabot Claim, Defendants application to set aside order lifting claimants 19 month stay for failure to file a response to my defence and my request to strike out forthwith.

Hi to all,

My wife attended the above hearing as I am not mobile, Cabot’s solicitor attended. The judge adjourned my application for 8 weeks, for me to file a statement setting out the prejudice I have suffered by the claimant’s long delay and CPR failures (then they have to file a response to that). I had raised in my statement supporting the application that Cabot has claimed to have purchased 3 separate credit card debts, and lumped them into one claim plus charges (when all the accounts were in dispute with the original creditors and subject to unresolved complaints of “irresponsible lending”) and I had stated that in a previous action by another creditor, that I had been urged by all concerned, debt counsellor, solicitor, barrister and district judge to make a complaint of irresponsible lending to the Financial Ombudsman, because we were living on means tested benefits and running deeply into debt, on the advice of solicitors who were pursuing my clinical negligence claim.

I have not seen the court order yet and my wife who was nervous made notes best she could at the hearing, I think the judge was saying we had been denied that opportunity by the original creditors, or Cabot by issuing their claim 5 days into their 30 days notice of legal action? Because once a claim has been issued the Financial Ombudsman refuse to get involved. I will be writing to the Ombudsman for general advice and guidance on Cabot’s actions.

I really need some help with the following and would very much appreciate any input

1) Some ideas to help me write my statement on prejudice caused by their very long delays (I am certain these are a tactic Cabot is using to take advantage of us, because they no we are unrepresented, and they have a detailed medical report that confirm I have a progressive neurological condition, also they have been told my wife has health problems, so the longer they leave it the less likely we will be able to defend ourselves and they can get a default judgement. From what I have been reading its seems to all hang on the “overriding objectives” and the “right to a fair hearing”

2) The judge seemed to think that 12 months was the maximum time for lifting a stay? Does anyone know anything about this, is there any case law? As this would kill their claim dead.

3) Most of the documents disclosed by Cabot are very dubious, they look fake, are there any cases where the court has recorded any concern over Cabot and authenticity of documents or criticised their unfair procedural tactics?

4) The court set a deadline for Allocation Questionnaires to be filed, I have filed mine but the claimants haven’t, which seems to be a further breach of CPR?

I have a deadline to file my statement and know we have to get this right; I will get a copy of the order tomorrow hopefully, so I want to start drafting something to take the pressure off us.

Kind regards

Bernie

[Docman]

Hi Bernie

 

I'm not sure if you want to object to the lifting of the stay or if you want to amend your defence? If this case was stayed in Northampton Bulk Centre, the stay was probably imposed automatically because the claimant didn't respond within 28 days to your original defence. Many creditors know this and don't seem to be too bothered. It seems Northampton automatically lift stays - provided of course the claimant pays the court fee!

 

Now the case is in your local court, it has been looked at by a judge who is concerned, hence the 8 week adjournment for you to file a statement. Can you post up or type the words on the court Order when you get it and then help/advice can be given?

 

Doc

[Bernie259]

Hi, thanks very much for your prompt response, hopefully we will get the order tomorrow and I will scan it in. In the meantime I will keep searching the internet to see if there is a 12 month expiry rule for lifting stays.

Looking at their application to have the stay lifted, they claim it was their intension to file a notice of transfer to my local court but have now noticed that both copies are in the defendants folder, and when the case was reviewed over the next 18 months the file was not available to them, (so what were they reviewing?) which sounds very weak to me, also they make no mention of not filing a reply to my defence which is the real reason it was stayed, if they had from what I have read, the claim would have been automatically transferred to my local court.

What’s ironic here is that we got into serious debt because my medical negligence claim was struck out for my solicitors CPR failings and delays (nothing like 18 months), and in the medical case the decision was upheld in the High Court and the Appeal Court, claiming it was important that the court managed claims to a strict timetable and did not tolerate delays.

Thanks Bernie

[Bernie259]

Hi, have just phoned the court and they are behind printing up orders. Just to be clear my application was to set aside the order lifting the stay and requesting a strike out for the very long delays and failure to comply with CPR.

People talk about hitting the triangle for urgent help, for the life of me we cannot see it, can someone point us in the right direction, the only one I can see is for reporting abuse.

This is the order from my wifes memory

1) The defendants application to set aside / strike out be adjourned for 8 weeks

2) The defendant to file and serve on the claimant a statement setting out prejudice he has suffered due to the claimants delay and the loss of his legal right to seek redress by way of a complaint to the Financial Ombudsman of irresponsible lending and unfair charges,

3) The Claimant to file and serve a response with supporting documentation

4) The Claimant to copy to the defendant all three credit agreements, Notice of assignment and covereing letters, and to provide a written explanation if they are unable to comply

5) Costs in the case

If I can show to the judge there is a 12 month rule for lifting stays or cite case law that will be the end of it

Thanks

Bernie

[Bernie259]

Hi, is there anyone out there than can help us please. I cannot find much on time limits for lifting stays but I have seen a lot about "want of prosecution" inordinate and inexcusable delys" and Article 6 of the Human Rights "the right to a fair hearing within a reasonable time" that needs expanding on, I am still waiting for the court order, I would like to start drafting my statement, so I would be very grateful for any input from the Forum who have helped us so much in the past.

Thanks

Bernie

[Bernie259]

Are there any templates for this type of statement, re delays abuse of process and prejiduce?

[The Mould]

Are there any templates for this type of statement, re delays abuse of process and prejiduce?

 

Hello Bernie

 

Do you have a copy of the Order, if yes, please scan it in and post it up. We need to know by what date do you need to file/serve your statement.

 

If you would like to see the format for drafting your Witness Statement, then have a look at a thread here in these legal issues forum, it is posted by 'bilious' and the title of his thread is 'urgent on this please please help'.

 

You know your case inside and out, you have had the unfortunate experience of living through it, so simply state the series of events in your witness statement to show the picture of these events and how the claimant's conduct has caused prejudice towards you (and your wife).

 

You filed a defence to court upon receipt of the claim being served upon you, the claimant did not notify the court that he wanted his claim to proceed, the claimant needs to explain why he did not proceed with his claim at that said time, his reason(s) must be good, genuine and valid ones Bernie.

 

Start drafting your witness statement (after you have seen how to lay it out) and then post up here for review.

 

Kind Regards

 

The Mould

[Bernie259]

Thank you very much for your advice, I think it has to be filed by 5th April so I have some time, I was going to wrire to the Financial Ombudsman to get their take on Cabot buying disputed debts that are subject to serious complaints of "irresponsible lending" causing us to lose the legal right of taking our complaint to them, also are Cabot bound by any FO rules, as they issued the claim form a few days into a 1 months written Notice of Legal Action, again preventing us from lodging a complaint to the FO, because they dont get involved once legal proceeding are issued. I have found you can do all the paperwork and perfect the arguments but its all down to how it goes on the day in court, we may have to apply for legal aid for representation for the hearing.

Thanks again

I will keep you posted