Claim from Cabot Financial (through Weightmans LLP)

[nemesis45]

Re: Claim from Cabot Financial (through Weightmans LLP)

Received a response from Weightmans in regards to my defence submitted to CCBC. Letters are attached. First was sent whilst I was on holiday and have yet to respond. The second letter is an offer for me to settle the account at a reduced rate and also states that I haven’t replied to their first letter. They are asking for any correspondence I may have in regards to my dispute with British Credit Trust in regards to the account. This is fully detailed in my defence documents, to which they have a copy of. I do not have any documentation in regards to the dispute as this was nearly five years ago and the majority of correspondence was via telephone.

They have also offered a reduced payment of £5400 paid over 24 months. But I am not willing to agree to this as the account is in dispute.

Nem, can you let me know your thoughts on this please.

Hi Andy, Responding to your PM.

What have you used to support the submission that the account was/is in dispute with BCT?

nem

[2708andy]

Re: Claim from Cabot Financial (through Weightmans LLP)

Hi Andy, Responding to your PM.

What have you used to support the submission that the account was/is in dispute with BCT?

nem

I don’t have anything in writing, which I think will be a problem. Correspondence was via the telephone. When Cabot bought the hp loan from BCT I advised them of the situation and they said they would look into it. I heard nothing until the claim came through in the post.

[nemesis45]

Re: Claim from Cabot Financial (through Weightmans LLP)

Responding to PM.

I think you are right Andy, no documented evidence is a problem, is there nothing
in writing at all.

You can rely upon a "statement of truth" a declaration under oath take and witnessed by a solicitor regarding
the submission in your defence regarding the dispute.
There is no guarantee this will have the desired effect.

nem

[2708andy]

Re: Claim from Cabot Financial (through Weightmans LLP)

No, nothing at all. I have documentation for the surrender of the car and still waiting for SAR documents to come through. These will show the financial situation I was in during this period. Can I not use the fact that BCT demanded the remaining balance even though I had terminated the agreement when 50% of the balance had been cleared? I have paid a lot of money to these people (over £7000). BCT have claimed they have no record of my dispute with them, so it is their word against mine.

One other thing, do I need to respond to Weightmans in regards to their offer and request for any documents in regards to the dispute?

[nemesis45]

Re: Claim from Cabot Financial (through Weightmans LLP)

No I would not respond as yet! Yes you can use the demand for the balance certainly.

nem

[2708andy]

Re: Claim from Cabot Financial (through Weightmans LLP)

Okay, Weightmans are being very demanding. But I have submitted my defence and will wait to hear from the court. I assume the next step will be possible mediation, but as of yet I have none of the documents (CCA or CPR) I requested when I received the claim, so mediation will not be possible unless they arrive before then. I am definitely going to use the demand for the outstanding balance as my main point at the moment. I feel the dispute part will be a bit flaky and not very concrete.

I am right to just wait for further contact now from the either the court or Weightmans? Thanks Nem.

[nemesis45]

Re: Claim from Cabot Financial (through Weightmans LLP)

Responding to your PM,
The Weightmans offer:

My feelings is to tell them that you cannot consider any such offer until you are in possession of all the

relevant documents.

nem

[2708andy]

Re: Claim from Cabot Financial (through Weightmans LLP)

Hi Nem, just putting together a letter to Weightmans. Apart from stating that I am not going to consider anything until I receive responses to my CPR 31-14 and CCA request from Cabot, shall I mention that they have exceeded the specified time limits on these document requests? Andy.

[nemesis45]

Re: Claim from Cabot Financial (through Weightmans LLP)

Hi Nem, just putting together a letter to Weightmans. Apart from stating that I am not going to consider anything until I receive responses to my CPR 31-14 and CCA request from Cabot, shall I mention that they have exceeded the specified time limits on these document requests? Andy.

Hello Andy responding to your PM.

The CCA request doesn't need chasing once the 12 + 2 Working Days time limit for response has passed without compliance the debt is rendered unenforceable until the agreement is produced, ( a solid part of your defence).

You can certainly remind Weightman that CPR31 14 applies to the claim until it is allocated to a track so let's have the documents.

As to mediation, unless you are in possession of the relevant documents the mediator will decline to continue. You have shown willingness to mediate but through W's failures you are unable so to do, in your favour!!

nem

[2708andy]

Re: Claim from Cabot Financial (through Weightmans LLP)

Thanks Nem as always. Not heard nothing from the court for a while. Last letter was stating they were in receipt of my defence letter. Still waiting to hear about Mediation, but I will accept the offer to show willing as you say. Will be in touch soon with an update. Regards Andy.

[nemesis45]

Re: Claim from Cabot Financial (through Weightmans LLP)

Thanks Nem as always. Not heard nothing from the court for a while. Last letter was stating they were in receipt of my defence letter. Still waiting to hear about Mediation, but I will accept the offer to show willing as you say. Will be in touch soon with an update. Regards Andy.

Ok Andy, Thanks.

nem

[2708andy]

Re: Claim from Cabot Financial (through Weightmans LLP)

A very welcomed letter from Weightmans this morning. A letter notifying me of their discontinuance of their court claim against me. Another victory for the under dog. We need to keep fighting against these people. They cause nothing but stress to people trying to get back on the financial straight and narrow. Big thanks to Nemesis for his help again.

[FlamingParrot]

Re: Claim from Cabot Financial (through Weightmans LLP)

A very welcomed letter from Weightmans this morning. A letter notifying me of their discontinuance of their court claim against me. Another victory for the under dog. We need to keep fighting against these people. They cause nothing but stress to people trying to get back on the financial straight and narrow. Big thanks to Nemesis for his help again.

EXCELLENT NEWS! :cheer2::cheer2::cheer2::cheer2::cheer2:

My guess is, they never managed to obtain the documents. Those claims are issued speculatively in the hope of obtaining default judgment, 85% of money claims go to default judgment!

This is becoming LB's anthem: :music:

[nemesis45]

Re: Claim from Cabot Financial (through Weightmans LLP)

A very welcomed letter from Weightmans this morning. A letter notifying me of their discontinuance of their court claim against me. Another victory for the under dog. We need to keep fighting against these people. They cause nothing but stress to people trying to get back on the financial straight and narrow. Big thanks to Nemesis for his help again.

Well done Andy!!

Thanks for the PM!!#
nem

[2708andy]

Re: Claim from Cabot Financial (through Weightmans LLP)

Thanks for your replies. Surprised that % is so high. More people should fight these claims. Cheers Guys. This forum is an absolute God send!