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

[nemesis45]

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

Echo:tinysmile_twink_t2:

[Kati]

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

Echo:tinysmile_twink_t2:

fixed your double post Nem

[nemesis45]

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

fixed your double post Nem

Thanks Kati, things are a bit hay wire tonight.:tinysmile_twink_t2x
~

[jonny1979]

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

Latest update... Received letter on Saturday 29th August from Weightmans with a copy of the N180 that they were directed to complete dated 27/08/15. I completed the N180 with helpful guidance of the Beagles here and I sent to the court today (1st Sept) by recorded post and a copy to Weightmans as legal rep again by recorded post deadline is next week 7th for it to be serviced to the court. Great now just wait for mediation I thought.

However on my return home from work today the postie had delivered a letter from Cabot (attached) dated 28th August 15 stating they are unlikely to obtain the documents requested under the CCA!!!

Thoughts?

Cheers
J

[spirit2534]

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

Quick update both letters were received by Cabot and Weightmans have kept the proof of postage and checked the tracking codes both signed for. As of today Cabot have sent the standard letter? With 40 days etc. Still no response from Weightmans with the CPA request is that something I should be concerned about or is that a good sign? If I need to chase up is it best to do this in writing or call them??

Thanks
J

My thought is that with all these DCA's is to to keep it in writing..

[FlamingParrot]

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

Latest update... Received letter on Saturday 29th August from Weightmans with a copy of the N180 that they were directed to complete dated 27/08/15. I completed the N180 with helpful guidance of the Beagles here and I sent to the court today (1st Sept) by recorded post and a copy to Weightmans as legal rep again by recorded post deadline is next week 7th for it to be serviced to the court. Great now just wait for mediation I thought.

However on my return home from work today the postie had delivered a letter from Cabot (attached) dated 28th August 15 stating they are unlikely to obtain the documents requested under the CCA!!!

Thoughts?

That sounds like they will be discontinuing the claim! :whoo: :whoo: :whoo:

However, you want to make sure that is the case, I'd be asking Weightmans for a copy of the notice of discontinuance since it's not uncommon for companies like Cabot to spit out template letters without communicating with their legal representatives, often without even being aware that the account is subject to a claim in the county court. :mmph:

[nemesis45]

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

Latest update... Received letter on Saturday 29th August from Weightmans with a copy of the N180 that they were directed to complete dated 27/08/15. I completed the N180 with helpful guidance of the Beagles here and I sent to the court today (1st Sept) by recorded post and a copy to Weightmans as legal rep again by recorded post deadline is next week 7th for it to be serviced to the court. Great now just wait for mediation I thought.

However on my return home from work today the postie had delivered a letter from Cabot (attached) dated 28th August 15 stating they are unlikely to obtain the documents requested under the CCA!!!

Thoughts?

Cheers
J

Yes Cabot is going to discontinue but the important part here is the " unless " statement" at the end of the letter, we have seen one Cabot case today where an agreement has been produced some considerable time after the claim was discontinued. Vigilance not complacency now in case Cabot sneak another claim in.

nem

- - - Updated - - -

Latest update... Received letter on Saturday 29th August from Weightmans with a copy of the N180 that they were directed to complete dated 27/08/15. I completed the N180 with helpful guidance of the Beagles here and I sent to the court today (1st Sept) by recorded post and a copy to Weightmans as legal rep again by recorded post deadline is next week 7th for it to be serviced to the court. Great now just wait for mediation I thought.

However on my return home from work today the postie had delivered a letter from Cabot (attached) dated 28th August 15 stating they are unlikely to obtain the documents requested under the CCA!!!

Thoughts?

Cheers
J

Yes Cabot is going to discontinue but the important part here is the " unless " statement" at the end of the letter, we have seen one Cabot case today where an agreement has been produced some considerable time after the claim was discontinued. Vigilance not complacency now in case Cabot sneak another claim in.

nem

- - - Updated - - -

Latest update... Received letter on Saturday 29th August from Weightmans with a copy of the N180 that they were directed to complete dated 27/08/15. I completed the N180 with helpful guidance of the Beagles here and I sent to the court today (1st Sept) by recorded post and a copy to Weightmans as legal rep again by recorded post deadline is next week 7th for it to be serviced to the court. Great now just wait for mediation I thought.

However on my return home from work today the postie had delivered a letter from Cabot (attached) dated 28th August 15 stating they are unlikely to obtain the documents requested under the CCA!!!

Thoughts?

Cheers
J

Yes Cabot is going to discontinue but the important part here is the " unless " statement" at the end of the letter, we have seen one Cabot case today where an agreement has been produced some considerable time after the claim was discontinued. Vigilance not complacency now in case Cabot sneak another claim in.

nem

[jonny1979]

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

Yes Cabot is going to discontinue but the important part here is the " unless " statement" at the end of the letter, we have seen one Cabot case today where an agreement has been produced some considerable time after the claim was discontinued. Vigilance not complacency now in case Cabot sneak another claim in.

nem

- - - Updated - - -



Yes Cabot is going to discontinue but the important part here is the " unless " statement" at the end of the letter, we have seen one Cabot case today where an agreement has been produced some considerable time after the claim was discontinued. Vigilance not complacency now in case Cabot sneak another claim in.

nem

- - - Updated - - -



Yes Cabot is going to discontinue but the important part here is the " unless " statement" at the end of the letter, we have seen one Cabot case today where an agreement has been produced some considerable time after the claim was discontinued. Vigilance not complacency now in case Cabot sneak another claim in.

nem

Hi,

Nem can you link to thread where Cabot had managed to obtain the agreement (assuming it was a thread on here) so I can look at the circumstances around the case in question?

Also the case is going to mediation so I am quite happy to hold on until the small claims mediation service contact us and I can state i received the letter from Cabot stating they will not be collecting until documents are found.

If you think this is unwise then let me know and I will contact Weightmans to advise them accordingly.

Thanks
J

[nemesis45]

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

Hi,

Nem can you link to thread where Cabot had managed to obtain the agreement (assuming it was a thread on here) so I can look at the circumstances around the case in question?

Also the case is going to mediation so I am quite happy to hold on until the small claims mediation service contact us and I can state i received the letter from Cabot stating they will not be collecting until documents are found.

If you think this is unwise then let me know and I will contact Weightmans to advise them accordingly.

Thanks
J

Cabot in the case mentioned have not yet restarted a claim, but have now " found" a copy of the original agreement some months after discontinuing the claim and are now pursuing payment.

What MAY happen is explained in the letter you received.

nem

- - - Updated - - -

Hi,<br>
<br>
Nem can you link to thread where Cabot had managed to obtain the agreement (assuming it was a thread on here) so I can look at the circumstances around the case in question?<br>
<br>
Also the case is going to mediation so I am quite happy to hold on until the small claims mediation service contact us and I can state i received the letter from Cabot stating they will not be collecting until documents are found.<br>
<br>
If you think this is unwise then let me know and I will contact Weightmans to advise them accordingly.<br>
<br>
Thanks<br>
J

<br>
Cabot in the case mentioned have not yet restarted a claim, but have now " found" a copy of the original agreement&nbsp; some months after discontinuing the claim and are now pursuing payment.<br><br>What MAY happen is explained in the letter you received.<br><br>nem<br>

[FlamingParrot]

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

Hi,

Nem can you link to thread where Cabot had managed to obtain the agreement (assuming it was a thread on here) so I can look at the circumstances around the case in question?

http://www.legalbeagles.info/forums/...253#post572253

[jonny1979]

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

Hi

Just to update I received a letter from the solicitors on Friday last week dated 1st September confirming they had discontinued the claim and enclosed was a copy of the Notice of Discontinuance they sent to the court! :tinysmile_grin_t:

Is there anything else I need to do now? I have duly noted Nems previous post where it is still possible the documents could be located in future, assuming Cabot would need to do a new claim if this was the case or would proceedings be recommenced from where it was?

Thanks all for your guidance it is greatly appreciated.

Regards
J

[FlamingParrot]

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

Just to update I received a letter from the solicitors on Friday last week dated 1st September confirming they had discontinued the claim and enclosed was a copy of the Notice of Discontinuance they sent to the court! :tinysmile_grin_t:

That's brilliant news! :cheer2: :cheer2: :cheer2:

Is there anything else I need to do now? I have duly noted Nems previous post where it is still possible the documents could be located in future, assuming Cabot would need to do a new claim if this was the case or would proceedings be recommenced from where it was?

They've discontinued this claim so they'd have to bring a new claim and as stated on that other thread, it wouldn't be that easy: :grin:

As M1 said, they have discontinued, so they would have to bring a new claim, they discontinued after you defended, so they need permission, and they should have had the documents before bringing the claim in the first place so it won't be a walk in the park for them (well we won't let it be so) second bite of the cherry and all that malarky I really wouldn't be worrying too much just yet. Of course if your finances have improved and you feel like making a low offer to get it out your hair you can (without prejudice!). also remember this agreement letter has come from Cabot, not their sols, so its unlikely Cabot know it was discontinued or the sols know they have now sent the docs, so I'd keep shtum for now.