Cabot/weightmans - claimform - Moneyway loan , i know nothing about

[dx100uk]

you have already filed your defence.

 

 

cabot wrote stating they cant comply with the section 78 request

they mentioned nothing about the court case.

 

 

two totally diff things.

 

 

did you get a DQ to file out?

 

 

dx

[lovetobake]

Yes dx, I sent my DQ back.

 

I realise that they my defence and the contents of their letter are 2 different things but they state that in their letter that they cant enforce it so surely that means they cant try and get a judgement against me or am I going screwy in the head?

[dx100uk]

no the letter says they can enforce the 'debt' under section 78

 

 

that is a totally different issue from being able to enforce a court judgement.

 

 

ok, ofcourse, they cant, as they need an enforceable agreement to get a judgement.

 

 

might sound silly, but

 

 

cabot have simply replied to your section 78 request

in the manner that they must under the FCA rules they are governed by...

 

 

 

 

I very much doubt the CCa dept shall we say

has any knowledge whatsoever about the on going claim.

 

 

dx

[lovetobake]

dx

 

This is the letter I received from Cabots in February:

 

"Your request for information under the Consumer Credit Act

 

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

 

What happens next?

 

We shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Dept until such time we can comply with your request.

 

Your account

 

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 to contactus as soon as possible to set up a repayment arrangement or continue with your existing payment plan."

 

So you see, they clearly state that they cannot obtain a judgement against me, so why the hell are the solicitors still pursuing it??????

 

Maybe someone could advise me what to do next. I have ticked mediation, as have they. Should I write to the solicitors enclosing a copy of Cabot's letter and ask them what they are playing at, or should I still keep quiet and wait for a court date?

 

This seems to be becoming a bit of a farce.

[dx100uk]

well they don't want to lose face

 

 

they issued a speculative claim

hoping for a non contested default judgement

as they and other DCA's do 1000's of times a week

 

 

you called their bluff.

 

 

 

 

 

 

dx

[lovetobake]

I had a call today from the courts mediation service to make an appointment for telephone mediation. When I explained reasons why I disputed that I owed any money to Cabot, they said that mediation was not the answer and a date will be made for a hearing.

 

What will I need to do before I attend the hearing?

 

LTB

[dx100uk]

see what cabots next move is

 

 

dx

[AndyOrch]

I had a call today from the courts mediation service to make an appointment for telephone mediation. When I explained reasons why I disputed that I owed any money to Cabot, they said that mediation was not the answer and a date will be made for a hearing.

 

What will I need to do before I attend the hearing?

 

LTB

 

Refer to your Notice of Allocation in particular the courts directions.

 

Andy

[lovetobake]

Refer to your Notice of Allocation in particular the courts directions.

 

Andy

 

Andy, what do you mean by your last post? I am really sorry, I am new to this court stuff and a bit thick

[AndyOrch]

Your Notice of Allocation....you should have received it after you submitted your DQ...it starts all about mediation and then goes to Directions should mediation faill.

 

These are the courts directions of what you must do by date before trial.

[lovetobake]

Hi CAG,

 

After weeks of nothing, I have today received a Form N24 General Form of Judgement or Order.

 

It says that the judge has read the court file and "IT IS ORDERED THAT: Claimant must file a reply to defendant by ** June 2015"

 

What does this mean please someone?

[AndyOrch]

Not sure in what context what they must reply to....CCA/Dislosure/Witness statement ? But what ever if they don't by June...then it looks like sanctions will be imposed.

[lovetobake]

Ok, here is the latest.

 

After I receive the form, I phoned the court to find out what was going on and they said that they had sent a request to Weightmans for a defence and had to submit it within a specified time period.

 

I have today received a copy of the defence from Weightmans that they have now filed with the court which means that a court date will now be iminent.

 

Recaping on the whole thread,I have disputed this debt because 1. I have never heard of Moneyway, 2. I never took out any loans in 2008/09 which they state & 3. If I did, it would not have been in my maiden name.

 

• I wrote to Cabot stating that I disputed this debt and requesting a copy of signed agreement
  
• They wrote back saying they did not have it on file but would request it and anticipated within required timescale
  
• I defended the claim with statute barred defence as I knew if there was such a debt it would be SB because its in my maiden name. thought that would have been the easiest way .......WRONG!
  
• then got a letter from weightmans saying it was not SB as I apparently made a payment in 2009 (There is nothing on my credit file re this debt) so they were cracking on with the claim.
  
• Received a letter from Cabot stating that they could not get CCA so account was on hold and they could not get a judgement against me in court back in Feb. Nothing has changed since then.
  
• Weightmans have continued to push the claim and I have done nothing but sit and see if Cabots and Weightmans actually communicate so Weightmans will realise they cannot continue because of the letter I have from Cabot, but o no, its still going full steam ahead and that is really where we are now.
  

I anticipate that I will get a court date through this week.

So, I need help please Caggers with the following questions:

1. Do I need to do a written defence to the court?

2. Is it to late to add to the defence that they have also failed to produce paperwork and they have admitted in writing they cannot get a judgement against me?

3. Should I send a CPR to Weightmans to see what documents they are actually going to pull out the bag at court?

I can post on here there reply to defence if anyone would care to see it.

Any help in plain english would be so appreciated. (Not good with legal jargon)

Thanking you all in anticipation>

LTB

[lovetobake]

Was just wondering if anyone around yet to help me with this ? Please

[honeybee13]

Hello there.

 

I expect people will be around later, but it's always quieter here at weekends and especially bank holidays. Please bear with us.

 

HB

[lovetobake]

Thank you HB

[AndyOrch]

So whats their response/defence LTB ? if you could scan it or type it out (less any identifiable data).

 

Regards

Andy

[lovetobake]

I have attached their document as requested.

 

Many thanks for your help.

[AndyOrch]

So it boils down to whether you did make payment August 09 ?

 

Andy

[lovetobake]

No Andy, I dont recall making payments to Moneyway or Cabot in the August, in fact to my knowledge I have never had any dealings with this company I have never heard of Moneyway. They havent as yet come up with any documents to prove I ever had an agreement with them.

 

What I need to know now a court date is looming is can I send further documents to the court or can I take these with me? Do I need to prepare anything to take with me?

[AndyOrch]

Just wait now and see if they wish to proceed...If they do you will have to complete a directions questionnaire and once submitted the the court will direct you what and next you have to prepare

for.

[lovetobake]

I have already filled in a DQ, had a mediation hearing which was a waste of time and it is going to a hearing which I am just waiting for a date.

[AndyOrch]

Okay .....I advise on that many threads I forgot you had already done it......

 

So if you have participated in mediation then you must have had the Notice of Allocation ?

[lovetobake]

Yes I received a Notice of Allocation a few weeks ago.

 

 

Then I got a letter from the court that I mention in post #86.

Weightmans complied with the judges request and the reply to defence I recieved the other day which is the document I posted a couple above.

This is why I am concerned as a court date will fall through my letterbox any day now and I dont know what I should do next.

 

 

I want the hearing seeing as weightmans are not giving up because I want to explain to the Judge that I genuinely dispute having anything to do with this debt

as I have never heard of them and they cannot produce docs.

 

 

I will also explain that the reason I defended as SB is because the alleged debt is in my maiden name

and I havent been known as that since 1996 when I got married and there is nothing on my credit file.

 

 

They have failed to comply with my request to provide docs which I requested in Feb and as mentioned earlier in the thread,

Cabots have written to me recently stating that as they cannot produce docs they cannot obtain a judgement against me.

 

What I need to know is should I send a CPR to Weightmans as I havent done that and can I submit a secondary defence of no CCA?

[AndyOrch]

Normally the Notice of Allocation advises the trial date and Directions in the event that mediation fails.......I state normally in view of the Order you received N24...which is not normal.

Are there any directions contained in your notice of Allocation?