Cabot/Hassall claimform - Halifax overdraft

[Racheybert]

Hi,

 

Just a quick question on filling the N180 above.

 

 

In the signature part i have written my name

- is this fine by the court or do i have to put a squiggle?

Im cautious as to how I hear some of these operators conduct business!

 

Also i understand i need to copy the parties as per court directions

is this both Hassle and Cabot or just Cabot as he is named as claimant?

 

Thanks,

 

Rachey

[AndyOrch]

You can freely sign court documents...on the claimant copy of the DQ (N180) no need to sign and a copy goes to their solicitor named on the claimed form

 

Andy

[Racheybert]

Thank you Andy.

 

 

Rachey

[HateBanks]

Good luck Racheybert , amazing to see your persistence and the help from here - looking forward to a positive result for you ( anticipate similar in future...)

[Racheybert]

Thanks HateBanks. This forum is a God send. Hope all goes well with you too.

 

 

Racheybert

[Racheybert]

Hiya,

 

Received last week, a notice from county court titled "Notice of Transfer of Proceedings" stating that "details of the judges directions will be sent to you in a notice of allocation...."

 

I am not clear what this means? Meanwhile I have not received any info from Cabot regarding my CPR request.

 

Thanks,

 

 

Racheybert

[martin2006]

The case is now in the process of being transferred to your local court, once it is a judge will issue directions from there, still just a waiting game and nothing fir you to do until you receive the directions, then come back

[Racheybert]

Thanks Martin2006. How do they get away doing court claims with no paperwork?? Unbelievable

[dx100uk]

nothing wrong

DCA's send out 1000's of claims a week

99% of people simply coughup

a court will check nothing if the claim is not defended

rubberstamped default judgements

 

 

for those

they don't need any paperwork at all

[Racheybert]

Hi All,

 

Court has written saying that there will be a preliminary hearing on 31st August.

The thing Is WH/Cabot have never sent the information I requested and wonder how proceedings will go at the county court.

 

I have two questions:

 

1) How will this play out in court when NO info (I requested for as per the advice I received here ) ever being sent to me by WH/Cabot?

 

2) On the day in court (if it gets to that) can I have my husband stand by my side and speak up for me as i am dreading being in court?

 

Thanks,

 

 

Rachey

[dx100uk]

so you have the courts directions

what does it say each party must do

[AndyOrch]

A preliminary hearing or CMC case management conference is usually called when directions cant be decided and the judge requires further information...its not a trial and they wont require documents for the hearing...just stick to your defence and the basis of their claim....and what you require the claimants to disclose.

 

You can request the County Courts permission for your husband to act as a Lay Representative to attend and speak on your behalf....but do it well in advance.

 

Andy

[Racheybert]

Hi Dx100uk,

 

 

The document from my local county court is a preliminary hearing- the heading states.

 

 

Other details therein;

 

 

1. Claim has been allocated to the small claims track and Parties are referred to part 27 of the civil procedure rules.

2. There will be a preliminary hearing expected to last 20 minutes.

At the hearing the court will seek to establish;

a.Outstanding issues of the case

b.where there is a possility of settlement

c.what docs will be required for the trial of the case

d. how long the trial will last

 

 

Thanks.

R.

[Racheybert]

Thanks Andy. So write to my local court-where the letter comes from this week and state that I want hubby to speak on my behalf- although I expect the court will want to see me in the flesh ?

 

 

Can a standard letter asking this of the court suffice or is there special legal wording I need to use in my request to the court for hubby to speak on my behalf?

 

 

Thanks

Edited August 3, 2016 by Racheybert

[AndyOrch]

Take a read of the following CPR in partic 3.1 &.3.2 ...Lay Representative

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

[Racheybert]

Hiya,

I have had a few issues logging on (my fault ) hence this late update…following my hearing last week.

Went along to my local Manchester court for the hearing - ended up going on my own by the way due to unavoidable circumstances with OH job.

Whilst waiting for my case to come up, I witnessed that the “legal” chap representing Cabot/WH seemed to be a “ gun for hire” as it so happened he was in one courtroom after another representing different finance companies – sadly some defendants didn’t show up for hearings and these cases lasted less than five minutes on my observation and I suppose in the favour of the banks.

When it was my turn, the judge was astounded that the case had been brought by Cabot with no paperwork in place to issue the claim by Cabot!

To say that He was unimpressed would be an understatement.

Cabot’s legal said they need more months ??? to get the paperwork. The judge’s decision was that he would call another similar hearing – giving Cabot a another chance but made clear he was not happy with Cabot wasting his time and the defendant.(me)

So I suppose it’s now a case of waiting to hear from the courts on a new hearing date.

Regards,

Racheybert

[dx100uk]

Well done

 

Surprised he didn't try having a little chat to make you cough up on a deal

[AndyOrch]

" So I suppose it’s now a case of waiting to hear from the courts on a new hearing date. "

 

Yes but you may receive a Notice of Discontinuance before that Order

 

Andy