**DISCONTINUED** Court Claim - Cabot / Yorkshire Bank - 23-4-2015

[Belleben]

Received a claim? Yes
Issue Date: 23-4-2015
Amount approx: 450
Claimant: Cabot
Solicitor: Weightmans
Original Credit: Yorkshire Bank

Particulars of Claim:
1 The defendant entered into a credit agreement and described by the original creditor as Yorkshire Bank Current and having account number xxxxxxxxxx

2 The claimant, a Uk company with company number 37457424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

3 The defendant is indebted to the claimant in the sum of 359.94.

4 The claimant claims the said sum of 359.94, plus costs

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
It's for a bank account. Not sure if its Statute Barred. I have acknowledged the debt on the
moneyclaim website. Not sure what to do next.

[nemesis45]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Hi Welcome to LB

Let's see you have acknowledged the claim, when?
The next thing you need to do is a CPR31.14 ( Civil Procedure Rules) request to Weightmans for the " Credit Agreement " mentioned in the particulars of claim and the notice of the assignment of the debt to Cabot.

Use the template in the forum library.

For a bank account/overdraft to be come statute barred 6 years must have elapsed since the creditor first demanded immediate repayment of the debt in full.
When was the account opened?
When was it defaulted?

Does this appear on your credit reference files? If you have not checked it would be a good idea to do so, Equifax and Experian have 30 day free trials, Noddle is Free online.

nem

[Belleben]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Thanks for the reply i acknowledged the claim yesterday 28th April.

Posting CPR31.14 today.

The bank account was opened on 20/09/06 with Yorkshire Bank.

Cabot have the default date as 23/06/09 but i'm sure it was before that. I just don't have any statements from back then.

[nemesis45]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Check credit reference files (try Noddle it's free online)
It may give us a lead on default date etc.
nem

[Belleben]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

I checked Noodle but they only have the Cabot account with the default date of 23/06/09.

[Belleben]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

I just got a reply from weightmans today in reply to the 31.14 isent

i have attached them to this reply.
The second attachment was the 31.14 i sent


I have copied and pasted the 31.14 i sent.

What do i do next?


Dear Sir/Madam
Re: Cabot Financial Uk Limited v xxxxxxxxxx Case No: xxxxxxxxxxx
CPR 31.14 Request
On 27/04/2015 I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of document(s) mentioned in your Particulars of Claim:
1. The agreement from the original creditor Yorkshire Bank for account number *********
You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
　
2. The assignment of debt to the Claimant from Yorkshire Bank
3. Proof of the amount owed £359.94
4. Termination of credit agreement between Yorkshire Bank and the Defendant
[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you.
Yours faithfully

[nemesis45]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Standard reply.

If the claim was issued via NCCBC documents cannot be attached to the claim.

nem

[Kati]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

You do need to notify the court of the extension tho' (attaching a copy of their letter)

[Belleben]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

So do I have 14 days on top of the 33 days?

So what should I be doing next?

Do I wait for them to send any documents?

[Belleben]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Not heard from weightmans regarding 31.14 request.
Need to write my defence but don't know how and what to put in it.
Any help would be gratefully received.
It needs to be submitted by 26/05/15.

[Belleben]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

I received a Notice of Discontinuation today off Weightmans does that mean I have won.
Will I need to do anything else?

[Amethyst]

Re: Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Lovely jubbly, yes that means you have won, Cabot have withdrawn from the court proceedings.

Did you enter a defence in the end ? ( your previous post seems to have been missed my apologies for that )

In a few days just double check with the court, then have a small glass of wine to celebrate xx

[Belleben]

Re: **DISCONTINUED** Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Yes I filed a defence and got as far as them threatening to proceed to court. But then the Notice of Discontinuation came today.

I would like to thank the site for all help and the best advice I can give is to be patient and don't give up.

[Amethyst]

Re: **DISCONTINUED** Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Ahh well done, and Congratulations

[FlamingParrot]

Re: **DISCONTINUED** Court Claim - Cabot / Yorkshire Bank - 23-4-2015

Another one bites the dust... :bounce:

...that's becoming my favourite song!

WELL DONE! :high5::whoo: