Cabot Claim

[VENOMEXUK]

Hi - Wondering if I can grab some quick advice please,

Cabot submitted a claim via Nothampton via there Solicitors in regards to New Day Aqua -

So Far I have

1) Acknowledged the service online
2) Borrowed and amended a CCA letter
3) Borrowed and amended the CP31.14 template
4) SAR to sent

Claim was issued on 21st July
I acknowledged on 25th July
Defence was submitted on 15th August.

I have received only one communication from the solicitor saying this will take time to get the information together and no further action will be taken until they have the information.

So question is - At the moment it is on the Mcol site as Defence Submitted, but nothing more - What is my next step as they have not sent any information and the claim is kind of in Limbo? Does the claim "timeout" for a response from them?

Not sure if that makes sense, please let me know if you need any more info

[MIKE770]

Case stayed ring court they will have to pay to unstay it???

[VENOMEXUK]

Will give them a bell tomorrow

[VENOMEXUK]

Hey - sorry to resurrect a thread…

Since my last post I have had no response or word from Cabot or there solicitor

However this evening I have received an email from Mortimer Clarke asking me to withdraw my defence as they are now looking to lift the stay on the claim.

Given it has been two years. How likely is this?

Also - in response to the defence claim they have said as I have signed an e-sig I have already had the proof I have taken then credit - the supporting doc (102 pages or terms and conditions and a general credit agreement with rates and amounts cc’d out so from what I can see they still have not supplied the information.

In this case - would I write back to them and also submit this to the court?

hope this makes sense?

[VENOMEXUK]

Sorry that should have read - they have sent a 102 document with the general t&c and an example credit agreement with no sig at all and my name not mentioned at all on the agreement (credit limits and interest rate are both “xxxxxxx” instead of an amount or name)

[echat11]

Sorry that should have read - they have sent a 102 document with the general t&c and an example credit agreement with no sig at all and my name not mentioned at all on the agreement (credit limits and interest rate are both “xxxxxxx” instead of an amount or name)

If they want to proceed, let them lift the stay. They need to still provide the correct documentation.

Update the thread when they make further contact.

[.Nia]

I have had similar, big wadge of documents with a covering letter suggesting I withdraw my defense because "we have a high success rate in overturning vexations and frivolous defenses such as yours", and an offer of reduced settlement. They also failed to serve the N180, got ordered to serve it and did that late but never sent me a copy, got increasingly threatening over it and I politely told them to spin on it and continue the claim.

Discontinued.

Edit: mine was disputed and getting up to SB before the claim was made, sold by a company that went bankrupt and conveniently omitted was the details of my dispute with the original creditor. Solicitors kept asking for all the information I had on the dispute but I refused to provide it until it was time to submit witness statements and evidence. Was not going to give them a chance to hallucinate documents to disprove the dispute.

[VENOMEXUK]

That is very similar to what they have written to me - even citing case law and that “they will apply for a default judgement” which….ummm no it is defended and they have not provided the evidence…
will draft a letter to them and court this week advising them of change of address and that they have not - to this date - supplies the evidence - in case they forget to update my address and “accidentally” use the old one to get a default judgement. But feels like a fishing and threatening exercise by they solicitor

will update once I hear more :-)

[VENOMEXUK]

Ok so update,
Had no word from them - however today had an email from MCOL with letters sent via email to me and advising of a hearing on 7th Jan

Not had anything from the court so will contact them via email today however looks like the stay was lifted on 18th Nov however I received no information about the stay being lifted.

Any advice - they have not conducted any mediation so far and I have not rejected this - could this be a point?

I reviewed the email they sent,
The credit agreement has only a IP Address and my name is not shown at all in the document,
The additional documents are just the assignment letter copy and then letters from Cabot.

In my mind, if they only have an IP (which I have no idea where that is from) and I still do not recognize the debit, this does not prove the debit is mine as they cannot prove the IP is mine?

Also...if the stay has been lifted at the stage of them submitting documents, should then now go to the mediation step? Do they have to?

[echat11]

a) Had no word from them - however today had an email from MCOL with letters sent via email to me and advising of a hearing on 7th Jan

That doesn't leave much time to prepare. You need to prepare a Witness Statement / Evidence Bundle, you send / Email a copy to the Court and a copy to their solicitors. In the Subject line, write Claim Ref: XXXXXXX Witness Statement - Cabot v Your name. They normally state that you have 14 days to send the Witness Statement, you should have received orders from the Court.

https://legalbeagles.info/forums/for...ess-statement/

https://hallellis.co.uk/preparing-witness-statements/

b) Not had anything from the court so will contact them via email today however looks like the stay was lifted on 18th Nov however I received no information about the stay being lifted.

You might not get any responses from the Court before the 7th January, simply because of the Festive Break. It's 'ridiculous' that you've not received anything.

c) Any advice - they have not conducted any mediation so far and I have not rejected this - could this be a point?

I don't think that will happen now, as a Hearing is scheduled.

d) The credit agreement has only a IP Address and my name is not shown at all in the document,
The additional documents are just the assignment letter copy and then letters from Cabot.

Even if the account was opened online, it should have the IP address, but it should also have your name and address. Check the letter of assignment, does it have the required information. Is there a Default Notice?

https://lawzone.legal/when-is-a-cred...0unenforceable.

Read under 'The Copy Agreement'

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

e) In my mind, if they only have an IP (which I have no idea where that is from) and I still do not recognize the debit, this does not prove the debit is mine as they cannot prove the IP is mine?

They haven't provided enough information.

But you need to make your case.

[VENOMEXUK]

Thank you for this - There is a default notice and a letter of assignment, both have my name and old address on.

I have reviewed the credit agreement again and, yes my name is on it so think I am sunk....no memory of this but not sure I have any defence at this point.

The fact they have taken 2 years to come back - should I have been notified of the stay hearing as I would have attended if I knew? The solicitor was advised of a change of address on 20th Sept (with email receipt that they had this information) however no documentation was sent to me?

Also - Have not received anything from the court - Money Claim website shows last activity was 18th Nov when the stay was lifted and assigned to the local court = they have not commuicated with me since 2022

[echat11]

a) Thank you for this - There is a default notice and a letter of assignment, both have my name and old address on.

So they have the correct details, where you lived when the account was Defaulted?

b) I have reviewed the credit agreement again and, yes my name is on it so think I am sunk....no memory of this but not sure I have any defence at this point.

Is the address where you lived at the time on it as well?
You posted that the Credit Limit was just XXXXX, the other prescribed terms?

c) The fact they have taken 2 years to come back - should I have been notified of the stay hearing as I would have attended if I knew? The solicitor was advised of a change of address on 20th Sept (with email receipt that they had this information) however no documentation was sent to me?

You should write to the Court and add this to your Witness Statement, you informed the solicitors, but did you also inform the Court that you had moved?

d) Also - Have not received anything from the court - Money Claim website shows last activity was 18th Nov when the stay was lifted and assigned to the local court = they have not commuicated with me since 2022

As above.

What you could do is send / email their solicitors a 'Without Prejudice Save as to Costs' offer to settle the matter. Explain that to date you haven't received any correspondence from the Court regarding the Hearing, but are willing to offer £xxx.xx to settle the matter or a monthly payment. Explain your personal circumstances i.e. you may be vulnerable, have young children etc.

[VENOMEXUK]

I think I will do that - Reviewing the docs - I still have no real memory of this however Neurodivergant so sometimes dont remember what I did a few hours ago. However reviewing the docs it seems legit. Also this all seems to have happened in 2018 so my memory of that year is hazy due to my mother dying around that time so a lot of it is blocked out. I did call them to see if could speak to the team - interestingly they had updated my address however still sent copies of the docs to my old one. I have spoken to my old landlord who has said the new owners have given him a pile of post that was not redirected of my old place and they actually have the docs so I am collecting them Friday. Hopefully can get this sorted prior to the hearing if not will have to go and put my case to the judge and explain everything and see what occurs.

[echat11]

You need to prepare for the Hearing. You can still do that, post 10.