Cabot Financial UK limited v Legallytrained

[Haron]

Re: Cabot Financial UK limited v Legallytrained

" Your credit agreement is currently unenforceable"
I currently have the same letter. What do I put in my defense if this letter is sent to me?

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

Received allocation questionnaire today So despite not having documentary evidence, they are willing to proceed.
Can somebody advise me whether to agree to mediation or not?
Thanks

[nemesis45]

Re: Cabot Financial UK limited v Legallytrained

Received allocation questionnaire today So despite not having documentary evidence, they are willing to proceed.
Can somebody advise me whether to agree to mediation or not?
Thanks

Hi,

It is expected now that both parties will be willing to attempt resolution without
a hearing so yes tick mediation, in the situation where no CCA etc. has been
forthcoming by the time a mediation appointment has been made, the mediator
will decline to proceed and return the claim to the court.
The AQ is just the next process, (allocation of the claim to a track) it does not necessarily
mean that it will progress further.

nem

[ZiggyMoff]

Re: Cabot Financial UK limited v Legallytrained

Received allocation questionnaire today So despite not having documentary evidence, they are willing to proceed.
Can somebody advise me whether to agree to mediation or not?
Thanks

As above said, tick yes to saying you will accept mediation.

However once you get the email/letter regarding your deadline to speak with mediation (which will likely happen without Cabot/Weightmans providing the evidence you requested), contact the mediation service and explain that you currently aren't in a position to mediate on the claim right now as you had expected to have received the documentary evidence from Cabot/Weightmans seeing as Weightmans proceeded with the claim - be sure to explain to the mediation service that due to Cabot/Weightmans not providing the documentary evidence that they cannot get a judgement and the agreement is currently unenforceable, also be sure to say that if the documentary evidence arrives before the mediation ending deadline you will call back.

The mediation service should understand this (i mean, they can't really expect you to mediate on something you have no documentation on), and as they contact not just you but also Weightmans - they will tell Weightmans this (that you can't mediate due to lack of documents).

Doing this covers you, you show that you are willing to mediate (hence ticking yes to it), but it actually allows you to show Cabot/Weightmans are the ones preventing the mediation as they aren't providing you with what you need to mediate.
-
I did exactly this with my Cabot/Weightmans claim a few weeks back, Cabot did to me exactly as they did to you (i made the requests for CCA forms, they asked for 40 days, they then said we can't find the documents and the agreement is unenforceable and then they got Weigthmans to proceed anyway) - i did as i said above with the mediation service - and within a week or so i got a letter for Weightmans saying they had filed for a notice of discontinuance.

See my thread here: http://www.legalbeagles.info/forums/...l-One-4-2-2015

[BLUEOTTER]

Re: Cabot Financial UK limited v Legallytrained

They will bluff as much as they can hoping you'll fold,costs them nothing. As mentioned previously I had a letter as well saying a debt was not enforceable as they still took some convincing

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

So, I have been contacted by the small claims mediation service - they left a message on my landline answering service on 2nd July asking me to ring them. (No attempt to ring me on my mobile) I've been trying to get hold of them ever since! I've either got a constantly ringing phone, with a recorded message saying that all handlers are busy and that my call will be answered shortly or I get the recording stating their office hours (which means that they have got a high volume of calls) I can't stay on the line all day waiting for them to get to me - I have small children to look after! Anybody know that best day and time to ring them??

[nemesis45]

Re: Cabot Financial UK limited v Legallytrained

So, I have been contacted by the small claims mediation service - they left a message on my landline answering service on 2nd July asking me to ring them. (No attempt to ring me on my mobile) I've been trying to get hold of them ever since! I've either got a constantly ringing phone, with a recorded message saying that all handlers are busy and that my call will be answered shortly or I get the recording stating their office hours (which means that they have got a high volume of calls) I can't stay on the line all day waiting for them to get to me - I have small children to look after! Anybody know that best day and time to ring them??

Mid afternoon or shortly before they close has been good in the past.

nem

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

Thanks Nem, but I did manage to speak to them this morning at 9.40am after being on hold for 25mins (luckily my son was more interested in Cbeebies than me this morning!). They are going to mark that it is not suitable for mediation as I have not received any documents and transfer it to my local court.

[nemesis45]

Re: Cabot Financial UK limited v Legallytrained

Thanks Nem, but I did manage to speak to them this morning at 9.40am after being on hold for 25mins (luckily my son was more interested in Cbeebies than me this morning!). They are going to mark that it is not suitable for mediation as I have not received any documents and transfer it to my local court.

Ok that's fine, the records now show you were willing to accept mediation but the claimant had not disclosed the documents to enable you to partake in the mediation process.

This will be referred to your local court now.

nem

[ZiggyMoff]

Re: Cabot Financial UK limited v Legallytrained

To go with the above.

The mediation service should also update the claimants of this to, Weightmans/Cabot should get a letter soon from the mediation service (or the court) saying that it isn't suitable for mediation due to the documents not being sent to you.

I wouldn't be surprised at all if in a week or so that you get a notice of discontinuance letter from Weightmans, this is exactly how it happened with me - they took it to mediation and i said i was willing but couldn't due to lack of documents, then a little later i got the case dropped.

[Legallytrained]

Re: Cabot Financial UK limited v Legallytrained

Ok, just a quick update. I followed the advice given and told mediation that I was not in a position to proceed due to lack of documents.

The case has been transferred to my local court and listed for a 30 minute directions hearing next Monday "so that the Claimant's can clarify or provide additional information of the issue raised in the defence".

I am assuming that as I have no legal representation I will need to attend - is this right?

[nemesis45]

Re: Cabot Financial UK limited v Legallytrained

Ok, just a quick update. I followed the advice given and told mediation that I was not in a position to proceed due to lack of documents.

The case has been transferred to my local court and listed for a 30 minute directions hearing next Monday "so that the Claimant's can clarify or provide additional information of the issue raised in the defence".

I am assuming that as I have no legal representation I will need to attend - is this right?

Yes it is best not to leave the claimant to put there opinion unchallenged.

nem