Cabot - No reply to defence - claim stayed - what next ??

[irish_essex0202]

Evening, I am seeking some thoughts from more learned individuals.

 

I received a Claim Form end of Dec 2017 for an old WF debt and subsequently entered my defence on MCOL. This was on the 5 January.

 

Since then I have received nothing further to my formal requests for additional information surrounding claim aside from two chaser letters from Cabot's solicitors detailing their 'client wish to settle out of court' and then '14 days to negotiate settlement otherwise instructions from Cabot to lift stay'.

 

Called the court today and was advised that Cabot / their solicitors had attempted to amend the particulars of the claims on the 11 February but this was denied as they did not pay the fee. Their last letter to me dated 5 March is as above on the 14 days.

 

I'm tempted to actually have the claim struck out as the claim remains stayed open ended.

 

Has this happened to anyone before ?

 

Thanks

[dx100uk]

you cant

leave it be

did you sent CCA/CPR 31:14

[irish_essex0202]

Thanks.

The formal CCA was sent last week as my previous request wasn't correctly worded - the documents received were from the garage and included no T&C's, no statement, no clarification as to how the o/s balance was derived - copious fees and capitalisation .... and the account in dispute. All put in my defence.

 

No to CPR 31.14 as some information already provided on request but as account was already in dispute with WF it should not have been assigned to Cabot

Edited March 12, 2018 by dx100uk
quote

[dx100uk]

well theres no real rule that says that.

i'd get reclaiming esp as its welcome finance

they'll be £1000's in charges and all manner of insurances/warranties.

[irish_essex0202]

thank you - wasn't aware of that, thought if an account was in dispute it couldn't be purchased.

 

Are you referring to PPI ?

As a consequence of this claim defence I hadn't pursued that avenue

 

Thanks again for the input dx100uk, it's appreciated.

 

Out of interest, what is the cost of amending the particulars of a claim for a claimant and and the cost of lifting a stay ?

 

Having investigated it seems to be something like 100 - 255 for each, is that right?

[AndyOrch]

Correct.....depends if a hearing is required.

 

 

Andy

[dx100uk]

Yes and all the other stuff

Bet you got GAP ins too?

 

Have you the agreement and all the statements?

[irish_essex0202]

CCA request has failed to get me the full agreement but based upon the documents (faxed copies) provided there is some sort of insurance included.

interestingly this was required at the time otherwise WF wouldn't have been able to offer me the credit.

This I do recall as I worked in (and still do) the insurance industry.

 

The statements, well the version issued to me, is not correct and it was only after receiving them tail end of 2017 that I had to start investigating copious amount of spurious charges. I've formally requested on numerous occasions but have yet to receive what I require - either originally from WF, or Cabot or their solicitor.

[dx100uk]

there is NO requirement for any type of insurance on an HP agreement.

so what does it say?

 

time for an sar to welcome finance

[irish_essex0202]

[attachment removed - dx]

 

Quick question - what are these lines under an address on a formal letter actually for or are called ?

[dx100uk]

its the address barcode

I've hidden it to you and siteteam only as it can be read with an app. and it will ID you.