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williamh

Cabot letter before action

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Hi

 

I wonder if anyone can give some advice please

 

I had a personal loan in 2006 for around £6000 which regularly paid for two years.

 

Unfortunately 2008 I was diagnosed with cancer and had to go to hospital for various ops etc

 

As 1 was unable to work I fell behind with the payments and was defaulted.

 

I then set up a repayment plan with the dept collector of £5 a month in which I paid for around three years

 

I then stopped paying when I discovered that the credit collect had to prove the dept.

 

I then received court summons from Cabot in he post in late 2016.

 

I defended the claim by asking them to prove it letter.

 

The summons was the discontinued by the court and I have not heard anything else from them until last week, they have now sent me all the documents that I have asked for signed loan agreement and statements etc

 

In the mean time my cancer has now progressed and I have been diagnosed terminal

 

1. my question is have they now got a good case and will I have to pay.

2. should I write to them and tell them, about my illness and give them copies of the hospital letters

 

Kind regards William

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no scan up what they have sent to ONE multipage PDF

read upload

Edited by Andyorch
edited

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Discontinuance and subsequent proceedings

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.7

 

Regards

 

Andy


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thank you for the reply's i will try to upload what they have sent me asap and also find out whether the claim was continued or stayed.

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If you have no estate whatever they do wont matter.

If you do then running rings round them for a while will delay to this nonsense until it is too late. You need to consider the fall out so be proactive.

 

I suggest that you dont write to them and certainly dont tell them you are terminally ill.

 

They will certainly start an action knowing full well you wont be able to defend and so force your executor or relatives to pay up out of your assets

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