Wescot Claimform - old CAT debt

[rogermeard]

Oh and as a second point this alleged debt only showed up on credit record in Jan this year allegedly to the Claimant as a Default?

[MandM]

UPDATE..........

 

Filled out the AOS online on 22nd. Sent off the CPR to the Claimant which was received by them wednesday 25th according to proof of post signature.

 

Had no response from the claimant at all so far.

 

So are the 7 days up or is it 7 working days?

 

How should i proceed now?

 

Hi rogermeard. Already covered in your CPR request >>>

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Write/e.mail or whatever. Remind them of your letter and the content therein. Ask them to confirm if they want an extension. Or you'll be applying to the court that their claim be struck out as per your letter.

If they do wish to extend then get it in writing. It's then down to you to inform the court.

Mike

[rogermeard]

UPDATE.............

 

We have received a letter from the claimant stating that in view of the dispute we have raised they do not intend to pursue the matter any further and have enclosed a Consent Order signed by the claimant.

 

If we agree to the Consent Order could we please sign it and return a copy to them so they can send it to the County Court.

 

Now this seems a bit strange is this normal procedure or are they up to something?

 

The consent order is worded.....

The Claimant and the Defendant (parties) having agreed to settle the dispute and have agreed

 

It is ordered that:-

 

1. The Claiments Claim against the Defendant, be withdrawn

 

2. No Order as to costs

 

 

Then it has a section for signatures one of which is signed by the claimant etc and one for defendant.

 

 

If this is indeed legitimate then why cant we send the form back to the Court ourselves rather than forwarding to the claimant first?

 

ADVICE PLEASE?

[MandM]

Hi rogermeard, sounds good.

 

I think that they have to withdraw the claim being the claimant. They could be up to something but doubt it as it's in writing.

 

Await further info from others as I've not had one of these (yet lol).

 

If no replies then drop a PM to either DonkeyB or AndyOrch and ask them to look in and cast an eye over it. But looks like you've scared them off

 

Mike

[Ganymede]

UPDATE.............

 

We have received a letter from the claimant stating that in view of the dispute we have raised they do not intend to pursue the matter any further and have enclosed a Consent Order signed by the claimant.

 

If we agree to the Consent Order could we please sign it and return a copy to them so they can send it to the County Court.

 

Now this seems a bit strange is this normal procedure or are they up to something?

 

The consent order is worded.....

The Claimant and the Defendant (parties) having agreed to settle the dispute and have agreed

 

It is ordered that:-

 

1. The Claiments Claim against the Defendant, be withdrawn

 

2. No Order as to costs

 

 

Then it has a section for signatures one of which is signed by the claimant etc and one for defendant.

 

 

If this is indeed legitimate then why cant we send the form back to the Court ourselves rather than forwarding to the claimant first?

 

ADVICE PLEASE?

 

 

Result, looks like a win!

 

You have 3 options as far as I can see:

 

1) Sign it and send it back the them (keep copy) and forget all about it and move on with your life.

 

2) Ask they amend it to pay your costs instead of no order to costs to see what they say.

 

3) Reject it and fight on. You may win, you may lose.

 

 

 

Up to you...

[gezwee]

Hmmm........... looks like they've bottled it.

 

I'd be inclined to give them a bell and discuss the following in respect of discontinuance. Nothing ventured, nothing gained ........ and the consent remains valid if they don't want to play;

 

Claimant to discontinue

 

Claimant bears defendants costs at ........[circa £300.00]

 

Well done though, you've won whatever the consent terms

 

Gez

[AndyOrch]

"If this is indeed legitimate then why cant we send the form back to the Court ourselves rather than forwarding to the claimant first?"

 

No the Claimants Sols have prepared the Consent and as such must be returned to them to lodge and seal with the Court.

 

Regards

 

Andy

[gezwee]

"If this is indeed legitimate then why cant we send the form back to the Court ourselves rather than forwarding to the claimant first?"

 

No the Claimants Sols have prepared the Consent and as such must be returned to them to lodge and seal with the Court.

 

Regards

 

Andy

 

Yeah but........would you front it out for costs as additional term of consent?

 

Gez

[AndyOrch]

Yeah but........would you front it out for costs as additional term of consent?

 

Gez

 

You know my answer to that Gez:-D

 

Andy

[gezwee]

You know my answer to that Gez:-D

 

Andy

 

Lol...... like minded, me thinks

 

Gez

[AndyOrch]

Worth a try but very doubtful on a Consent because its not actually a Discontinuance more like a elongated stay.

 

Regards

 

Andy

[gezwee]

Heyho........ gotta be worth the price of a phone call

 

Oh and, I'm about 24 hours away from settling mine...... PM me an e-mail addy I can forward some docs to you on before I sign on the dotted line and can't disclose.

 

Gez

[AndyOrch]

Just sent you a PM Gez (apologies Roger for the hijack well done by the way)

 

Andy

[DonkeyB]

It’s what the CO doesn’t say that’s a worry, as well as what it does.

 

It says you have agreed to settle the dispute. You have not – you know nothing of this debt. There is no dispute – just a denial that the debt is yours. Their wording implies you know what it’s about.

 

And then it doesn’t say they won’t try again.

 

Doesn’t say they won’t sell it on.

 

This is Westcot you are dealing with – incompetent idiots but, like most debt buyers, not immune to underhand dealings.

 

IMO, you should

 

(a) make sure you enter a defence on time anyway (so you can claim costs)

(b) maybe draft your own order which covers the issues.

 

There is no debt, if what you say is true, so there is no dispute. They are trying to get off the hook for nothing. They should simply discontinue and bear your costs.

[DonkeyB]

Just to add, it’s not like you’ve won, cos there was no debt in the first place!

[rogermeard]

Thank you for looking over this. We have had no docs or info about the alleged debt whatsoever. Just the Court papers turning up then us replying with the AOS and a CPR to the claimant. Then the arrival of the letter stating they were not going to pursue the matter, so why the consent order and not just simply a discontinuance?

 

To me it smells a bit , seems like they a) want a signature for future use b) want admission there is a matter to resolve c) as said earlier what is stop them selling on?

 

It is also suspiciously near the 6 year limit.

 

Need to move on this , not really fussed about claiming costs as its just too much hassle. What defence should i put in or write a letter stating my concerns to the claimant about why not just discontinue?

[DonkeyB]

Because they are trying to avoid liability for costs. And maybe giving themselves another window of opportunity...

 

Getting a defence in anyway might be useful. Your defence would be a simple denial, stating you have no knowledge of the alleged debt, and that the claimant has failed to provide details despite a CPR request. You should state your right to amend your defence as and when the claimant provides any evidence.

 

What’s your final date for entering the defence?

[rogermeard]

I recived the claim on 17th Jan (issued 12th). I sent the AOS online on the 23rd Jan. CPR recieved by claimant on the 25th Jan. I guess i get 14 days from the AOS date to enter a defence?

[rogermeard]

Ok so i will enter a defence. Also what response to the claimants consent order?.

[MandM]

I recived the claim on 17th Jan (issued 12th). I sent the AOS online on the 23rd Jan. CPR recieved by claimant on the 25th Jan. I guess i get 14 days from the AOS date to enter a defence?

 

33 days from the 12th.

 

Mike

[rogermeard]

UPDATE........

 

Filled out Defence section today. Basically stated that we do not recognise the contract/claim or claimant. Not recieved comms regarding this matter until claim recieved. No evidence recieved to support claim despite CPR being sent and that we reserve the right to amend the defence as and when docs recieved.

 

Guess that covers it.

 

Regarding the Consent Order sent by the claimant should i bother replying to that or ignore? Really after a Discontinuance i guess?

 

On a secondary point, we have been thinking loooong and hard and reckon this "could" be an old catalogue debt but to be honest we got in soooo much trouble back in 2005 we really cant recollect fully if it is or indeed to who . However if it is and we haven't paid/communicated since 2005/2006 time surely the alleged debt is Statue Barred also it does not appear on any of our credit file only the claimant has listed a Default on the file regarding the debt but in Jan this year only??

Edited February 8, 2012 by rogermeard

[citizenB]

UPDATE.............

 

We have received a letter from the claimant stating that in view of the dispute we have raised they do not intend to pursue the matter any further and have enclosed a Consent Order signed by the claimant.

 

If we agree to the Consent Order could we please sign it and return a copy to them so they can send it to the County Court.

 

Now this seems a bit strange is this normal procedure or are they up to something?

 

The consent order is worded.....

The Claimant and the Defendant (parties) having agreed to settle the dispute and have agreed

 

It is ordered that:-

 

1. The Claiments Claim against the Defendant, be withdrawn

 

2. No Order as to costs

 

 

Then it has a section for signatures one of which is signed by the claimant etc and one for defendant.

 

 

If this is indeed legitimate then why cant we send the form back to the Court ourselves rather than forwarding to the claimant first?

 

ADVICE PLEASE?

 

Wescott have been having quite a lot of claims struck out or are discontinuing then being responsible for Wasted Costs. I suspect that they are attempting to avoid either of these happening.

[AndyOrch]

Issuing a consent to withdraw is a very prudent way to discontinue IE no liability for costs.The other important factor is a consent normally only stays litigation not end it, how do you know the claim as been withdrawn?

 

Regards

 

Andy

[rogermeard]

UPDATE.....

 

Since putting in a defence we have not heard a thing regards this for over 2 weeks.

 

If it gets past 28 days what should i do?

[gezwee]

Have you checked with the court? They may [unlikely I know] have filed a discontinuance?

 

They've already acknowledged they have no commercial interest in proceeding.

 

Check with the court on Monday to see if the status has changed or if anything's been filed by the other side, you can look at your options afterwards.

 

Gez