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Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015
Thought i would update on this as i received 2 letters over the past month and the 2nd is leaving me a bit confused due to the 1st letter.
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The 1st letter was from Cabot regarding my CCA request and was a follow up to the initial letter stating they wanted 40 days to try and provide it, this letter states they still haven't been able to get it and as such agreed the debt was unenforceable - it went on to do the usual please pay us anyway stuff etc.
The 2nd letter i received today is from Weightmans and it states, we received your defence and can confirm our client does not accept such, accordingly we have written to the count to request the matter proceed as defended.
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This makes zero sense to me, how can Cabot concede the debt to be unenforceable due to the fact they can't provide the CCA information (and still haven't), yet they have then instructed Weightmans to proceed to court despite this?. Also, Weightmans still haven't provided the items requested in my CPR letter, in the letter they sent before about my statue barred claim they claimed to have requested all the info and that they will forward these to me once they have them - to this date i have yet to receive anything.
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So right now i have this situation (posted in order of when i got the letters).
1st: Weightmans are claiming the debt isn't statue barred as they are trying to say the date the debt was listed as defaulted (20th April 2009) is when the course of action starts - as advised i know this to be wrong because "The clock starts ticking (Credit Card) the date a contractual payment was due and not made after which no payment or written acknowledgment was ever made.", as such the debt is long since statue barred as my last payment/written acknowledgment was in July 2008.
2nd: Weightmans have not provided me with the information i have requested via the CPR letter, they stated to me on the 12th of March 2015 they would send this to me once they had it - as of yet i haven't received anything from them regarding the request.
3rd: Cabot sent me a letter stating they can't enforce the credit agreement and that they aren't permitted to obtain a judgement or decree against me via the Court, this is due to them not being able to comply with my request of information under the CCA - this makes sense as it was part of my defence and it is the law, and as of yet i still haven't received anything regarding this.
4th: Weightmans are claiming that Cabot have not accepted my defence, and as such they have written to the Court to proceed with the case - this makes no sense to me at all due to the 3rd part posted above, without the CCA information being supplied they aren't permitted to obtain a judgement or decree against me.
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I'm not sure how to proceed with this, should i contact Weightmans regarding the Statue barred info they are claiming (in that they are wrong on it being from the date of default) and should i contact them about the fact that Cabot have contacted me stating they can't enforce the agreement or proceed with a judgement or decree against me?.
Thought i would update on this as i received 2 letters over the past month and the 2nd is leaving me a bit confused due to the 1st letter.
---
The 1st letter was from Cabot regarding my CCA request and was a follow up to the initial letter stating they wanted 40 days to try and provide it, this letter states they still haven't been able to get it and as such agreed the debt was unenforceable - it went on to do the usual please pay us anyway stuff etc.
The 2nd letter i received today is from Weightmans and it states, we received your defence and can confirm our client does not accept such, accordingly we have written to the count to request the matter proceed as defended.
-
This makes zero sense to me, how can Cabot concede the debt to be unenforceable due to the fact they can't provide the CCA information (and still haven't), yet they have then instructed Weightmans to proceed to court despite this?. Also, Weightmans still haven't provided the items requested in my CPR letter, in the letter they sent before about my statue barred claim they claimed to have requested all the info and that they will forward these to me once they have them - to this date i have yet to receive anything.
-
So right now i have this situation (posted in order of when i got the letters).
1st: Weightmans are claiming the debt isn't statue barred as they are trying to say the date the debt was listed as defaulted (20th April 2009) is when the course of action starts - as advised i know this to be wrong because "The clock starts ticking (Credit Card) the date a contractual payment was due and not made after which no payment or written acknowledgment was ever made.", as such the debt is long since statue barred as my last payment/written acknowledgment was in July 2008.
2nd: Weightmans have not provided me with the information i have requested via the CPR letter, they stated to me on the 12th of March 2015 they would send this to me once they had it - as of yet i haven't received anything from them regarding the request.
3rd: Cabot sent me a letter stating they can't enforce the credit agreement and that they aren't permitted to obtain a judgement or decree against me via the Court, this is due to them not being able to comply with my request of information under the CCA - this makes sense as it was part of my defence and it is the law, and as of yet i still haven't received anything regarding this.
4th: Weightmans are claiming that Cabot have not accepted my defence, and as such they have written to the Court to proceed with the case - this makes no sense to me at all due to the 3rd part posted above, without the CCA information being supplied they aren't permitted to obtain a judgement or decree against me.
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I'm not sure how to proceed with this, should i contact Weightmans regarding the Statue barred info they are claiming (in that they are wrong on it being from the date of default) and should i contact them about the fact that Cabot have contacted me stating they can't enforce the agreement or proceed with a judgement or decree against me?.
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