** DISCONTINUED **Cabot Financial/wright hassell solictors v paulfloor

[paulfloor]

Hi i have received a ccj claim via the ccbc from a debt collection agency cabot via wright hassell solicitors, its from a credit card from years ago that was opened on 4/10/07 and defaulted on 26/7/10 which was a period of time when work took a right hit for me (self employed) and I couldn't keep a roof over mine and my families head and food on the table as well as pay my creditors, so I stuck my head in the sand and paid the essentials and not things like the credit card.

I have read through the guides and have acknowledged the claim online on the 16/2/16 then sent off the cca request to cabot and the cpr request to the solicitors both on 17/2/16 by next day recorded delivery and both were signed for on the 18/2/16, I then had a response from the solicitors on the 22/2/16 which states:

"we note that the value of the claim is less than £10000.00 (£827.25 inc £130 fees) and therefore this claim is likely to be allocated to the small claims track. It is therefore likely that cpr r31.14 will not apply. However in order to comply with our disclosure obligations as they arise we have also requested copies of the relevant documentation from our clients (cabot) and will forward these documents to you upon receipt.
please note that the above does not change the time limits given to respond to the claim"

So I believe my next move is to send the cpr non compliance letter but cant seem to find the template for it, I made my defence filing date to be the 14/3/16 so have abit of time to file defence and also for any paperwork to come back from them to so im better informed about said debt, I believe if I hear nothing back by my defence date I should put forward as my defence they havent disclosed the cpr or cca details as they are required to do that as such I cannot make an informed defence until they do.


Many thanks for all those who can help
regards paul

[Kati]

Re: Cabot Financial/wright hassell solictors v paulfloor

to LB

The letter you'll want is post #2 here - http://legalbeagles.info/forums/show...385#post410385

you'll get lots of help and support from the Beagles ... just give this thread a :bump: if you want to ask anything :nod: xx

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

to LB

The letter you'll want is post #2 here - http://legalbeagles.info/forums/show...385#post410385

you'll get lots of help and support from the Beagles ... just give this thread a :bump: if you want to ask anything :nod: xx

Thank you kati

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Ok sent the followup cpr letter to the solicitors recored next day delivery, I wont follow up the cca and will wait to see what comes back from both of them otherwise I will simply file a defence based on the lack of any evidence on their part that proves I owe said debt by my deadline.

But seeing as they have taken the ccj action against me am I right in saying the stature barred clock is now void but until they can provide the cca infomation they cant enforce it? if thats the case then my best bet is to follow procedure and try to for lack of a better term 'drag it out' so that it gives me the maximum amount of time to pay it back before the ccj stays on my credit file.

The other question I have if anyone else has been in this situation would be (although I think I know the answer) is if they fail to come up with the cca would they be willing to negotiate a settlement to save them hassle of finding the documents and to close case? id imagine that its past that point but thought id ask anyway, as may be able to get the money from a relative/friend if it was for closer to £500

thanks in advance for any replies

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Just been getting my defence in place on the assumption that I get no information back from either the cpr or cca, does this sound about right based on the template, number 11 will be changed to one of the statements once I get the reply from the cpr follow up:



1: I received the claim # from the Northampton County Court on 11 Feb 2016


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5. The particulars of claim fail to state when the agreement was entered into.


6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


7: On the 16/2/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wright Hassall LLP. I requested the Claimant provide copies of the Agreement and Notice of Assignment .


8. Wright Hassall LLP has not sent any of these documents to me.


9. On the 16/2/2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


10. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. or The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


15. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....

[PAWS]

Re: Cabot Financial/wright hassell solictors v paulfloor

Just giving this a bump for you -:bump: I am sure one of the experts will get a chance to take a look –By the way… are they really called Wright Hassell! What next? Real Payne!:tongue1:

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

yep thats their name, I did think that when I saw the name first time lol

[R0b]

Re: Cabot Financial/wright hassell solictors v paulfloor

Just giving this a bump for you -:bump: I am sure one of the experts will get a chance to take a look –By the way… are they really called Wright Hassell! What next? Real Payne!:tongue1:

Well, there's Godloves solicitors and AJ Careless Solicitors

[rainydays20]

Re: Cabot Financial/wright hassell solictors v paulfloor

Just giving this a bump for you -:bump: I am sure one of the experts will get a chance to take a look –By the way… are they really called Wright Hassell! What next? Real Payne!:tongue1:

I have had dealings with this firm of solicitors, they were not
amused when I addressed them as Right Hassle, I'm afraid I was amused.

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

Ok sent the followup cpr letter to the solicitors recored next day delivery, I wont follow up the cca and will wait to see what comes back from both of them otherwise I will simply file a defence based on the lack of any evidence on their part that proves I owe said debt by my deadline.

But seeing as they have taken the ccj action against me am I right in saying the stature barred clock is now void but until they can provide the cca infomation they cant enforce it? if thats the case then my best bet is to follow procedure and try to for lack of a better term 'drag it out' so that it gives me the maximum amount of time to pay it back before the ccj stays on my credit file.

The other question I have if anyone else has been in this situation would be (although I think I know the answer) is if they fail to come up with the cca would they be willing to negotiate a settlement to save them hassle of finding the documents and to close case? id imagine that its past that point but thought id ask anyway, as may be able to get the money from a relative/friend if it was for closer to £500

thanks in advance for any replies

Hello Paul,

Good job on the defence!

If Cabot cannot come up with the agreement or a compliant reconstituted one and cannot respond to your defence, the court will stay (suspend) the claim, you would then
be able to apply to the court for the claim to be struck out.

The 6 year " clock " stopped on the date the claim was issued, if the claim is struck it will restart from when the claim was made.
Wait and see what they come up with if anything.

nem

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

had what seems another generic response and im reasonably sure despite furnishing me with a few extra details it wouldnt count as a cpr disclosure as I have had no documents come through, their response is below:

--------------
dear paulfloor

we write to confirm that as the value of this claim is less than 10,000, this claim is likely to be allocated to the small claims track. It is therefore likely that cpr 31.14 will not apply, however in order to comply with our disclosure obligations as they arise we have requested copies of the relevant documentation from our client and will forward these documents to you upon reciept.

As previously confirmed this can take upto 6-8 weeks to be received if requested from the original vendor which in this case is capital one. Upon receipt of this documentation it will be forwarded onto you.

We note from your letter you state you have no information regarding this matter therefore for clarity, we can confirm that the original agreement for this capital one credit card was taken out on 4th october 2007 the last payment towards this matter was a payment made on 7th march 2010 and the agreement was then deemed as defaulted on the 26th of july 2010. our client cabot financial then purchased the matter on 28th september 2015.

we not that you have requested we state the date you must file your response to the claim pack as have filed an acknowledgement of service in this matter we can confirm that you have until 15th march to respond to the claim response pack issued to you in this matter.

if you have any further queries please do not hesitate to contact us on 01926 758018

yours sincerely wright hassell
--------------

Im assuming that that is basically just another generic letter but with an extra paragraph thrown in for good measure, as it stands im assuming my earlier posted defence, with point 11 changed to state they wont allow extension of time, is still what I would file as long as no documents drop through the post between now and the 15th

Im hoping that I can get the claim suspended and then hopefully struck out so no threat of ccj, which will then allow me to start the haggling and play f&f offer tennis with cabot, as in a couple of months my work will have picked up sufficiently to be able to go down that route with them.

Thanks in advance for the replies its very much appreciated

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

Raises a question Paul, You have acknowledged the claim with the court??

You would have to seek leave to amend your defence.

nem

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Acknowledged it via mcol from the response pack

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

Acknowledged it via mcol from the response pack

That's all fine!.

The " extra " information I think is to let you know that which ever way you view this the debt is not Statute barred, just
in case you wanted to claim it is.
Do you agree the last payment date quoted?

nem

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

To be perfectly honest I havent a clue! it might be there or there abouts as I believe the default date is correct going by a quick search on noddle.