Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

[warwick65]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

ooo which bits ? although I only noticed s78 and s87 stated in the long defence

Para 13

13. I respectfully request that this Court consider whether the relevant Police Authorities be enjoined to these proceedings and/or invited to investigate a possible criminal offence by the Claimant contrary to the Consumer Credit Act 1974, S21, S39 and S40, occasioned by the Claimant seeking to unlawfully act as a debt collector by commencing these proceedings, and having reference to 11. above.

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Ahhhh, didn't notice that CCA reference, I was still falling over at the joining the Police Authorities into the claim, but yes it's shifted over to the FSMA.

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Ahhhh, didn't notice that CCA reference, I was still falling over at the joining the Police Authorities into the claim, but yes it's shifted over to the FSMA.

Hi, do you mean falling over laughing? ha ha.

Update.

Submitted the Defence to the Court.
Received a letter from Cabot (still Europe) acknowledging they are out of time regarding not providing the credit agreement, so it is 'temporarily unenforceable.'
Received a letter from Drydensfairfax saying the account has been placed on a temporary hold while they contact their client with details of my partner's query.
Will wait until end of 28 days. If they discontinue, my partner will apply for costs under Rules & Practice Directions, Part 38.6 (1). Don't you just love 38.7? To be found at: https://www.justice.gov.uk/courts/pr...l/rules/part38
Thank you all,
FF
xx

[charitynjw]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Will wait until end of 28 days. If they discontinue, my partner will apply for costs under Rules & Practice Directions, Part 38.6 (1). Don't you just love 38.7? To be found at: https://www.justice.gov.uk/courts/pr...l/rules/part38

Which is why they will possibly wait until after allocation to SCT before discontinuing.
CPR PD 46 7.1(2)

[warwick65]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Or they may not discontinue at all and just leave it stayed for however long it takes to produce a recon of the agreement.

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Or they may not discontinue at all and just leave it stayed for however long it takes to produce a recon of the agreement.

46.7? Pro bono representation?

Cabot would have to explain to the Judge why they want the stay lifted, and pay a fee, yes?

Perhaps - an Unless Order if it's accepted by a Judge (SCC - not CPR 31??).

Perhaps - Summary Judgment as Claimant has failed to prove their case.

And the account was & is statute Barred, and Ombudsman's Decision not complied with.

If Cabot & Drydens do decide to continue, then complaints to FCA and SRA will follow.

But I believe an N244 would have had to be completed before the deadline of his defence, and that has passed.

[charitynjw]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

46.7? Pro bono representation?

No.

The Practice Direction. (PD)
https://www.justice.gov.uk/courts/pr...-special-cases

[warwick65]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

From my understanding they often make an ex parte applications to lift stays - I think you would then have a very limited time to object to that or , you could of course continue with the hearing.

It may be they leave the claim stayed, you do then have the opportunity to have the claim struck out, however it seems that claims made too quickly tend to fail so it is about making applications at appropriate time.

However, all this is academic at the moment because they may file a DQ and proceed with the claim or just let it become stayed.

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hello everyone,

Are you all getting ready for Christmas?

I thought I'd send you an update.

We received a letter from Drydens offering a "50% settlement to conclude the proceedings. Offer only valid for 14 days and will expire on 17th November." Funny that, 17th Nov is 33 days from the day the Defence was accepted by MCOL.

We have not received any of the requested docs, plus we sent them an SB letter, quoting, "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

Seems like death throes to me.
Best wishes
FF
xx

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Any more news [MENTION=107312]FaithForever[/MENTION] ?

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hi Amethyst,

Yes. Absolutely. I have been checking, and I checked again today. Cabot's month for replying to the Defence was up on 18.11.2017, and we have heard nothing. I was expecting the Court to put something on the MCOL site to say that the case is stayed, but there is nothing new showing. So, it's all good news.

I suppose now - wait for a while and ask for it to be struck out.

Thank you everybody.

- - - Updated - - -

By the way, I always used to donate to that other site, but does this site accept donations?

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Yes indeed, if they haven't replied to the court to say they want to proceed the case will be put on stay ( nothing will show on MCOL ) - and it is normally wise to leave it for a month before making any application to strike to account for court backlog. There's an unless order application example here http://legalbeagles.info/forums/show...order-at-court which makes a good starting point. Many people do just leave the claim stayed - probably cause of the cost of the application, and it carrying a risk of costs being added to the debt if they come up with documents etc, but in some circumstances( a good defence) I think it's preferable to ask to strike it out so it can't just pop back up in two years when they bother to find documents.

Bless you, you can upgrade to VIP which goes towards the running of the forum ( see sidebar >>>> )

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Sorry, I was side-tracked by dinner. I made a VIP payment.
Thanks again.
FF
xx

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hi,
Well today my other half got a letter from Cabots saying,

"Welcome Back to Cabots. Your account was with our solicitors but we have decided not to pursue legal action on your account at this time. Your balance still needs to be paid, and we would like to help you to do this by providing you with some options. Monthly plan Discount. We need to hear in the next 30 days."

This, despite our sending them a Statute Barred letter and their having failed with their court case. They are brazen!

Oh, and we think they are back to phoning him several times a day!

Has anybody heard of them doing this before?
FF xx

[warwick65]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Have they actually discontinued or just said it's back with them? If they haven't discontinued they haven't technically failed with the court case and could apply to lift the stay at some point but you will know that anyway.

Having said that it does sound good news