Cabot/hassall claimform - Halifax Loan***Claim Discontinued***

[MadKit]

Hi everyone

 

Quick review, received a court claim from Cabot claiming £21,000 plus for a loan I am sure I received a statement showing zero balance. As this was before 2008, not sure I have all the old statements but will be looking for these. I sent a defence form back online to say I disputed the full amount. Timeline below:

 

First letter - xx/9/2015 - from Cabot solicitors - Wright Hassall - about this matter threatening court etc.

Claim form - xx/10/2015 - County Court Claim Form from Cabot - the gist of this is:

 

Debts... CCA 1974 agreements. The Claimant is the Assignee of the following debts, notice of the assignment having been given to the Defendant in writing etc.

 

Court response to my defence, acknowledged and served on sols - xx/10/2105

 

Second letter - xx/10/2015 - from Cabot themselves and because this is the most confusing part, they say:

 

Thank your for your letter (SAR sent to them)

 

We notice your change of name and have updated our records - the change of name was 5 and half years ago

Unfortunately we have not been able to provide you with the requested information in the relevant time period. We shall continue to request the information...

 

Your account

 

Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgment or decree against you in Court etc.

 

Third letter - xx/12/2015 - from Cabot solicitors - Wright Hassall - they dispute defence etc. go on to say that they have a payment on record of £1xx.xx They state that the debt was assigned in 2008, I have no record of this.

 

Fourth letter - xx/1/2016 - from Cabot solicitors - Wright Hassall + Directions Questionnaire for Fast Track and Multi-Track filled in and Draft Directions

 

Notice of Transfer of Proceedings to my local court - xx/1/2016

 

Notice of Allocation to Fast Track - xx/1/2016 and court date in February, and the wording below.

 

There will be a case management conference on xx February ....

 

Phew, sorry it's such a long note but wanted to get everything down and xxd out the dates. I have a couple of questions.

 

1. If the credit agreement is unenforceable, in their words, why are they pursuing this?

2. What happens if they don't supply the documents in the time stipulated as the judge has ordered?

3. As they say the debt was assigned in 2008, isn't this statute barred under the Limitations Act 1980?

4. What do I need to do for the case management hearing? Very worried about this.

 

Any help very gratefully accepted.

 

Thanks!

[theoldrouge]

for the record please fill the following in, What defence did you submit?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[MadKit]

Name of the Claimant ? Cabot Financial (UK) Limited

 

Date of issue – 2x/10/2015

What is the claim for –

 

 

1.The Claimant's claim is for debt arising from Consumer Credit Act 1974 agreements.

The Claimant is an Assignee of the following debts,

notice of the assignment having been given to the Defendant in writing.

Account no. XXX £21,xxx.xx.

Despite demands for payment, the above sums remain due.

The Claimant therefore claims the of sum of £21,xxx.xx interest under s.69 County Courts Act 1984 and costs.

 

Halifax Personal Loan, claim that debt was assigned to them (Cabot) in 2008

 

What is the value of the claim? £22,xxx

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan

When did you enter into the original agreement before or after 2007? Before

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Not that I can remember and certainly not since 2008

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, I don't think so

Why did you cease payments? My understanding was loan was settled, I remember receiving a statement with a zero balance

What was the date of your last payment? Unsure, sometime in early 2008 I think

 

Was there a dispute with the original creditor that remains unresolved? I don't believe so, see above

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

In 2006 I think, again it's so long ago and I was under the impression the loan was settled

[MadKit]

My defence was as follows:

 

The Defendant reserves the right to provide full particular of claim and an amended defence once the Claimant has supplied the documents they have been tasked to provide and has provided full particulars of this claim.

 

The Defendant requests the court orders the Claimants to provide the necessary documentation in order for the Defendant to fully plead its case else the original Claim entered by Cabot Financial (UK) Limited should be struck out.

 

As the Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

 

The Defendant disputes the ownership of this debt however the Defendant will also be making a counterclaim against the Claimant should the debt be proved to be owned by the Claimant.

[dx100uk]

can we have the full poc please

[dx100uk]

why did you not simply file a statute barred defence?

[renegadeimp]

SB and they dont even have the right paperwork to enforce the claim, yet theyre still trying

[MadKit]

SB and they dont even have the right paperwork to enforce the claim, yet theyre still trying

 

Totally agree except I've been a lot less ladylike with what I've been calling them.

 

 

I didn't know I could just file a statute barred defence, wish I'd known.

[dx100uk]

god you've been here since 2007

had many many court claims

and you bazooka a perfect chance to nail a fleecing dca

[MadKit]

Lol just tell me what to do and I'm all in!

 

god you've been here since 2007

had many many court claims

and you bazooka a perfect chance to nail a fleecing dca

[dx100uk]

not sure its this far in on fast track

 

 

i'ii let those more knowledgeable comment.

 

 

no cca return

 

 

debt is SB'd but not mentioned in that rambling defence..

 

 

dx

[AndyOrch]

Have you received your Notice of Allocation yet...I would assume so if you know the date of the CMC/Trial date.?

 

Have you agreed directions yet with the claimant and prepared your witness statement?

 

Andy

[MadKit]

Hi Andy, yes I received these documents - Notice of Allocation, Proposed Directions from sols but no trial date set yet. Have not agreed directions as no idea how to do that or what is needed in my witness statement.The case management hearing is set in 2 weeks time for them to produce CCA docs. They were also ordered to disclose these to me this week, so far nothing. I was waiting to see if they produce anything in the timeframe the judge ordered but not sure of next steps.

[AndyOrch]

You must follow the directions also by the dates stated...standard disclosure (n265) and prepare your witness statement exchange.

 

Start reading some threads and look at examples of witness statements.

 

Perhaps post up the claimants proposed directions?

[MadKit]

Sols have posted various dates in March and will see if I can load up the directions on Friday. I have witness statements I used before in the reclaiming bank charges days (dx100uk). I haven't had Cabot come after me before so this is all new to me. Posted a little while back on behalf of my sister and they had to drop both claims but they were for quite small amounts. This obviously is very substantial amount.

[AndyOrch]

Different content for witness statement in a defence...rather than a claim....follow the dates and do not miss them

[MadKit]

Just confirmed (I'm away) letter received from sols as below:

 

We continue to act for the Claimant.

 

Please find enclosed the Claimant's application for an extension of time and correspondence adjournment for the hearing listed 2x February 2016, which has today been filed with Court.

 

They've also sent an Application Notice, as below:

 

That the Coutt use it's Case Managemnt Powers under CPR 3.12(2)(a) and the overriding objective to grant a 60 day extension to the Order dated 1x January 2016 to allow the Claimant further time to obtain the necessary documents to evidence its claim, and a corresponding adjournment under CPR 3.1 (2) (b) to the hearing listed for 2x February 2016.

 

The Order of DJ xx ...requires the Claimant to deliver to the Defendant (all the CCA docs)... The Claimant has advised this will take a further 6 weeks to obtain these documents. The Claumant is therefore unable to meet this deadline and requests that an extension of 60 days be granted under CPR 3.12(2)(a) and the overriding objective in order to assist the parties in keeping the costs in this matter as proportionate as possible.

 

The Claimant also requests a corresponding adjournment to the (Case Managemnt hearing) under CPR 3.12(2)(a) and the overriding objective. Such an Order would allow the zclaimant to provide the documents to the Defendant, which will encourage further exploration of alternative dispute resolution options, will prevent any prejudice arising to other Court users by wasting the Court's time. And ensure that a just and fair outcome for both parties can be reached.

 

This extension will grant the Claimant more time in which to obtain documents that it has requested from the original creditor and upon which it seeks to reply, and will encourage any alternative dispute resolution options.

 

Tell me please I can fight this as they've had since the end of October to provide this documentation. Can I counter this Application? There is no dispute resolution, I don't owe this money. Please help!

 

MadKit

[AndyOrch]

Wait until the court receives their application and what Order it issues in response..it should allow you to vary or stay it/set a side.

[MadKit]

Thanks Andy

[MadKit]

Received today

 

IT IS ORDERED THAT

 

1. The application is refused, no explanation is given as to why proceedings were issued on what appears to have been a speculative basis.

 

2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

 

Good news?

[AndyOrch]

Very ..the court has rejected their application to seek extension.....they do have option to set aside, varied or stay the order...but unlikely.

 

So back to the Courts Directions and see if they can follow them and disclose...make sure you follow them ...as it looks unlikely the claimant will be able to and then discontinue the claim:wink:

[MadKit]

Received today from Wright Hassall, please find enclosed our Client's Notice of Discontinuance:

 

X discontinues all of this (claim)

 

Most of it is very heavily redacted, any reason for this?

Is that it?

 

 

Is there any double jeopardy, can they reinstate or come after me again for this?

[dx100uk]

well done

 

 

if they are brave yes

 

 

but typically no

they tried to fleece you by issuing a speculative claim hoping for a non contested rubberstamped default judgement

 

 

you found CAG.

 

 

dx

[MadKit]

Thanks guys, I'm fore-armed if they attack again which I fully expect.

[AndyOrch]

As my post#21 then.....well done Madkit.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy