Re: Cabot Financial/wright hassell solictors v paulfloor
Keep an eye on the post!
Originally posted by paulfloor
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Just been having a read up on a few other threads as I like to have an idea of what I should be doing next prior to anything happening one way or the other, from what I can research on the board I can see these scenarios:
[a] if cabot/wh fail to come up with an adequate reply to my defence within the 28 days (by 11/4/16) then I can apply to the court to get the ccj stayed, which would put the ccj on hold until they can come up with the cca information or a certain time period has passed and I can then get the ccj set aside? The Court will stay the claim automatically if the claim fails to respond to a defence the claimant will have to pay a fee to lift the stay. You are not informed if the claim is stayed hence the need to check with the court after the 28 days runs out. If the stay is prolonged you can apply for strike out
fee payable.
n
[b] they do come back with the cca by the 11/4/16 which gives me the required information so I can make a firm decision on how to proceed ie: admit and pay or continue to defend claim You would need to carefully check any documents produced to ensure that they do satisfy the CCA request.
[c] they write again to aknowledge that they cannot get hold of any cca information from the original creditor about the account in question and the debt is then rendered unenforceable and no further action will be taken going forward at all If the agreement not available then no court action is allowed, But the debt still exists and will still be collectable and reported to Credit Reference Agencies for the
balance if the 6 year " life " of the default after which it will be removed paid or not.
nem
Im working on the probable basis that they will get hold of cca information eventually as I took out the credit card post april 2007 according to noddle, so is probably unlikely that the information is lost/unobtainable so will be enforceable at some point along the line, (its always better to err on the side of caution too in regards to getting hopes up), so my question is what would be my best course of action in regards to paying the debt off assuming they can provide the cca? could I negotiate with them to pay a % off as settlement or will it be a case of the whole amount on the ccj claim will be what they would want paying regardless now.
as they say forewarned is forearmed, many thanks
[a] if cabot/wh fail to come up with an adequate reply to my defence within the 28 days (by 11/4/16) then I can apply to the court to get the ccj stayed, which would put the ccj on hold until they can come up with the cca information or a certain time period has passed and I can then get the ccj set aside? The Court will stay the claim automatically if the claim fails to respond to a defence the claimant will have to pay a fee to lift the stay. You are not informed if the claim is stayed hence the need to check with the court after the 28 days runs out. If the stay is prolonged you can apply for strike out
fee payable.
n
[b] they do come back with the cca by the 11/4/16 which gives me the required information so I can make a firm decision on how to proceed ie: admit and pay or continue to defend claim You would need to carefully check any documents produced to ensure that they do satisfy the CCA request.
[c] they write again to aknowledge that they cannot get hold of any cca information from the original creditor about the account in question and the debt is then rendered unenforceable and no further action will be taken going forward at all If the agreement not available then no court action is allowed, But the debt still exists and will still be collectable and reported to Credit Reference Agencies for the
balance if the 6 year " life " of the default after which it will be removed paid or not.
nem
Im working on the probable basis that they will get hold of cca information eventually as I took out the credit card post april 2007 according to noddle, so is probably unlikely that the information is lost/unobtainable so will be enforceable at some point along the line, (its always better to err on the side of caution too in regards to getting hopes up), so my question is what would be my best course of action in regards to paying the debt off assuming they can provide the cca? could I negotiate with them to pay a % off as settlement or will it be a case of the whole amount on the ccj claim will be what they would want paying regardless now.
as they say forewarned is forearmed, many thanks
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