Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Hi again,

Will be submitting my defence today, would someone please review the attachment of my draft defence document and give me any feedback just to check its all okay and I am not missing anything.

Thanks
J

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

That looks OK, :thumb: do keep us posted. :typing:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

That looks OK, :thumb: do keep us posted. :typing:

Hi

Sorry quick question going to submit it online through the MCOL website I guess I just need to copy the points into the box to complete this and keep the original document??

Cheers

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Hi

Sorry quick question going to submit it online through the MCOL website I guess I just need to copy the points into the box to complete this and keep the original document??

Cheers

Yes, you should be able to submit online. :typing: If you have any problems with MCOL you can send it by email to ccbcdefendants@hmcts.gsi.gov.uk

On the subject heading you'd put claimant - v - defendant, claim number - DEFENCE

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Yes, you should be able to submit online. :typing: If you have any problems with MCOL you can send it by email to ccbcdefendants@hmcts.gsi.gov.uk

On the subject heading you'd put claimant - v - defendant, claim number - DEFENCE

Thats great.

Defence submitted now just wait and see I guess.

Thanks again for your help.
J

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Quick update for you all, as you will see I submitted my defence on 20th July. Received a letter from the court acknowledging this dated same day and a letter dated 23rd of July 2015 from Weightmans advising they had received the defence from the court and were requesting the required documents from Cabot which they would send upon receipt. (which they should have done before claiming anything!!!)

It is now 10th of August and nothing yet has been received I note after 28 days the claim would be stayed? What would be my options should no response be received by the middle of next week assuming that the claim would be stayed after the 17th August?

Thanks
J

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Quick update for you all, as you will see I submitted my defence on 20th July. Received a letter from the court acknowledging this dated same day and a letter dated 23rd of July 2015 from Weightmans advising they had received the defence from the court and were requesting the required documents from Cabot which they would send upon receipt. (which they should have done before claiming anything!!!)

It is now 10th of August and nothing yet has been received I note after 28 days the claim would be stayed? What would be my options should no response be received by the middle of next week assuming that the claim would be stayed after the 17th August?

The 28 days would run from when they received your defence. If the case is stayed, you won't hear anything about it. The courts always seem to have a backlog so I'd give it an extra week or so before contacting the court to find out the status of the case. :ranger:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

The 28 days would run from when they received your defence. If the case is stayed, you won't hear anything about it. The courts always seem to have a backlog so I'd give it an extra week or so before contacting the court to find out the status of the case. :ranger:

Thanks for the advice (sorry, guidance)! I will give it Thursday 27th if no updates/replies by then I will contact the court on the 28th Friday. Will update again once I have got an answer from the court unless something happens in the meantime that is.

Cheers
J

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Okay I have received a letter this morning from Weightmans dated 19th August which advised Cabot were going to proceed with the claim and advise the court of the same but a slight twist they are willing to come to an 'amicable' arrangement rather then go to court. The rep at Weightmans who wrote the letter is requesting to call him to discuss.

Now obviously it appears to me that they want to settle this out of court. What is the best recourse here?

No CCA or CPR request has been fulfilled to date, is it the case they have the documents and are going to spring a surprise should it go to a hearing??

Not sure what to make of it to be honest.

Thanks
J

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Okay I have received a letter this morning from Weightmans dated 19th August which advised Cabot were going to proceed with the claim and advise the court of the same but a slight twist they are willing to come to an 'amicable' arrangement rather then go to court. The rep at Weightmans who wrote the letter is requesting to call him to discuss.

Now obviously it appears to me that they want to settle this out of court. What is the best recourse here?

They are doing the same as Carter now, trying it on to see who bites. :nono:

You have to wonder, if they are so confident of winning in court, why are they inviting offers? :noidea: :confused2:

No CCA or CPR request has been fulfilled to date, is it the case they have the documents and are going to spring a surprise should it go to a hearing??

Not sure what to make of it to be honest.

No, they can't just spring a surprise, once a hearing date is set, the court will order them to provide the documents at least 14 days before the hearing. They probably know they may stumble at this point which is why they are trying to get you to settle. Why would you when they've not come up with any paperwork? They may well be unable to get their hand on anything and may have to end up discontinuing, ray: shame, uh? :lol:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

They are doing the same as Carter now, trying it on to see who bites. :nono:

You have to wonder, if they are so confident of winning in court, why are they inviting offers? :noidea: :confused2:

No, they can't just spring a surprise, once a hearing date is set, the court will order them to provide the documents at least 14 days before the hearing. They probably know they may stumble at this point which is why they are trying to get you to settle. Why would you when they've not come up with any paperwork? They may well be unable to get their hand on anything and may have to end up discontinuing, ray: shame, uh? :lol:

Ah okay thanks is it better to not respond then and wait it out I think the 28 day deadline is nearly up for them to provide the reply to my defence before the claim is stayed.

Thanks
J

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Ah okay thanks is it better to not respond then and wait it out I think the 28 day deadline is nearly up for them to provide the reply to my defence before the claim is stayed.

They'll have to reply to the court and you will then hear from the court when you get the N180 directions questionnaire to complete and return. You do have to respond to that one. :grin:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Okay received the n180 directions questionnaire through the post and a letter advising the claim has been allocated to the small claims track? What exactly does this mean any guidance on how to fill this in there is a question in regards to mediation too?

I understand this needs to be returned to the court do I need to send this to the claimant as well?

[nemesis45]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Okay received the n180 directions questionnaire through the post and a letter advising the claim has been allocated to the small claims track? What exactly does this mean any guidance on how to fill this in there is a question in regards to mediation too?

I understand this needs to be returned to the court do I need to send this to the claimant as well?

Yes copy to court and claimants solicitors.

Small claims track is for claims less than £10K and is a less formal court system cases being heard " in chambers" ( the judges office). Accept allocation.
Tick yes to mediation it's expected that both parties will attempt resolution without a hearing.
The address of your nearest County Court should be stated.
One witness i.e. you as litigant in person.

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Okay received the n180 directions questionnaire through the post and a letter advising the claim has been allocated to the small claims track? What exactly does this mean any guidance on how to fill this in there is a question in regards to mediation too?

Claims are allocated based on their value, those below £10k get allocated to small claims which offers a quicker, simplified process. There's no need to argue against small claims allocation but you should provide details of your local court as that where you'd have to go for a hearing, also dates when you don't expect to be available. No need for experts or interpreters, under D3 only one witness (yourself). It's a good idea to tick the mediation box. :thumb:

I understand this needs to be returned to the court do I need to send this to the claimant as well?

Yes, a copy to be sent to the Weightmans as the claimant's representatives. :typing: