Claim form Cabot- old cat 'debt'***Claim Discontinued***

[OldDebt_Weary]

Yes, that's excellent! I will substitute that. Thank you very much indeed Andy.

[OldDebt_Weary]

I've just been to the MCOL site and logged on ok. Only Fashion World is listed in claims made against me and when I try to log in to either case, the Claim No. and password are both rejected as being wrong.

 

 

Am I to conclude anything from this do you think?

[AndyOrch]

Ring CCBC and ask for assistance.

[OldDebt_Weary]

I logged on again and noticed the following message on the Fashion World claim page:

 

 

"A bar has been put in place on this claim. You cannot respond to the claim at this time."

 

 

If this thing is still live, how am I supposed to enter my defence?

[OldDebt_Weary]

I just rang CCBC and apparently there is a problem with their system. However, they gave me their email address so I can email the defence to them for both cases.

[AndyOrch]

Both cases ?

[OldDebt_Weary]

They told me the bar ought to be lifted this pm, but just in case I think I should send both.

[OldDebt_Weary]

Hi everyone,

 

Today I have received 2 letters from Cabot:

 

"Unfortunately, Cabot has not been able to provide you with the requested information within the relevant time period...

...Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court.

 

 

However, you are still obliged to repay the outstanding balance as confirmed in this letter,

and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with an existing plan"

 

Yeah, you wish!

 

I guess this means I can expect communication from the court advising me the claims have been stayed,

once the 28 days from me filing my defence have elapsed.

 

I want to thank everyone here who has helped me on this case.

I was going to cave in and simply go along with the claim but you persuaded me otherwise. It has been much appreciated!

[AndyOrch]

I guess this means I can expect communication from the court advising me the claims have been stayed, once the 28 days from me filing my defence have elapsed.

 

Not quite...the court does not inform you if its stayed....you know it stayed if you do not receive a DQ ....looking good though OldDebt.

 

Andy

[OldDebt_Weary]

Thanks Andy, what is a DQ?

[AndyOrch]

Directions Questionnaire ...its the next part of the proceedings if they do respond and it allocates the claim to your local county court....if they do respond.

 

[OldDebt_Weary]

I see, thanks Andy. Given that they admit to not being able to enforce the claim, I suppose there is nothing further they can do.

 

 

I appreciate all the help you gave me, many thanks indeed.

[AndyOrch]

Let us know if they discontinue the claim OldDebt and we can amend your thread title to reflect the outcome.....its beneficial to others to be able to conclude a thread.

 

Regards

 

Andy

[OldDebt_Weary]

Yes indeed I will!

[OldDebt_Weary]

Oh dear, I thought this one was dead but apparently it won't lie down.

 

 

I have today received a letter dated 14th October, 2014, from one of the solicitors who were involved in this case, specifically the solicitors who dealt with Simply Be. The letter itself was mangled and torn by the Post Office but it is just about readable.

 

 

The letter contains a lot of "legalese" basically telling me that my defence is not good enough. This in spite of the fact that Cabot themselves have admitted in writing that they cannot enforce this debt because they do not have the required proof. The letter ends:

 

 

"In our view, your Defence has no prospect of success. In the circumstances, we will recommend to our Client that an application be made to strike out the Defence and for Judgement to be entered against you for the full amount claimed, together with all legal costs incurred as a result of that application. Should you wish to avoid this action, then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within the next 14 days."

 

 

"Alternatively, you may wish to resolve this matter amicably without further Court intervention. If this is of interest to you, please forward your settlement proposals within the next 14 days."

 

 

Now, first question obviously is: it this sheer intimidation or do they have legal grounds to do this? Also, it is over 28 days during which they could have responded to my Defence, it's about 6 weeks actually, so does this invalidate any attempt to counter my Defence?

 

 

I have no intention of withdrawing my Defence but I feel I am on shaky ground here, if they can do what they are saying.

 

 

Any advice here would be gratefully received! Thank you.

[AndyOrch]

It is dead...its there last throw of the dice to see if you will cave in......without the agreement its going nowhere.

 

Andy

[Old Cogger]

trying it on are they not?

a begging letter hahahahaha

[AndyOrch]

They cant proceed to Summary Judgment without filling the DQ and they wont file the DQ because they dont have the proof.

[OldDebt_Weary]

Thanks guys, do you think I should dignify this letter with a reply?

[Old Cogger]

no??

[AndyOrch]

Thanks guys, do you think I should dignify this letter with a reply?

 

Think you already know the answer to that rhetorical question OldDebt...silence is golden

[OldDebt_Weary]

It's very tempting to reply, as this is a pretty despicable way to behave. I don't see what they should get away with this kind of threat, which it is after all, when they have no legal grounds on which to carry out their threat. They are saying the agreement was with Cabot, not Simply Be, but surely the same proof is required, whoever actually owns the debt?

[OldDebt_Weary]

Think you already know the answer to that rhetorical question OldDebt...silence is golden

 

 

Thanks Andy, I'm sorry I am letting this get to me, it makes me very angry that they would do this, but you're right!

[AndyOrch]

It most certainly is and that's the intention to invoke a response and to get you to communicate and open up...Cabot are the Claimant...SB have washed their hands of it and claimed tax relief.

 

Have a nice weekend.

[OldDebt_Weary]

Thanks Andy, yes I understand. One more question; are they acting illegally by even writing this letter in the first place? It seems highly questionable to me.