Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thanks everybody, I'll chase the CPR and also reference Cabot's letter stating the debt cannot be enforced until the documents are available.

Just chase the CPR 31.14 don't mention Cabot's non compliance sometimes I wonder if there is any communication at all between carboot and the various solicitors, so don't do their job for them.

nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hello Nem,

I've had something from the Court and I'm not sure what to do next.

The mediation never happened as I was told the case was unsuitable for mediation as documents were still outstanding from the Claimant.

The case was then referred to a District Judge and today I received an Order from them which states:

It is ordered that:
1. Claimant do by 4:00pm on 18th July 2016 file and serve detailed reply to Defence.
2. Defendant do within 14 days of service, file and send to Claimant's solicitor his amended defence, if any.
3. Upon compliance refer to any District Judge for further directions.

Should I update my defence?

The bits I'm wondering about are:
1. Referencing Cabot's letter admitting they don't have supporting paperwork and that the debt is unenforceable until they do.
2. Stating that the debt is Statute Barred (when I filed my defence you suggested this as a change to wording I had used, but I received your reply too late to change it).

Also, there's no instructions about how to do No. 3 - does it mean it will automatically be referred to a District Judge or do I have to do something?

I've had no further communication from Cabot or WH.

This has been hanging over me for 5 months now, surely at some point WH have to admit to the Court that their client have no paperwork and bring things to an end?

As always your advice will be much appreciated - how anyone without this forum decides what to do is beyond me.

Thanks again,
Grant

[Amethyst]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Firstly see if the claimant's comply with this

1. Claimant do by 4:00pm on 18th July 2016 file and serve detailed reply to Defence.

If they do then you can submit your amended defence ( adding in your statute barred bit and the 'we don't have any documents' letter )

Number 3 is just an order for the court staff in essence, so should be automatic, but worth calling court a couple days after sending your Defence to check they are actioning it.

If the Claimant doesn't comply by the 18th July you should give the court a call or write a note to the District Judge pointing that out and stating you are unable to comply with para 2. The DJ may at that point order a further period or go straight for sanctions ( strike out possibly)

Alternatively of course, if the claimant doesnt have docs and doesn't want to expend on a reply to defence they could just discontinue ( fingers crossed on that)

It is a nightmare I know, you just have to try go with the flow and understand the process takes time, and not let it stress you too much during the waiting periods.

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thanks Amethyst,

Can I just check, does the option for an amended defence within 14 days of service mean 14 days from WH's detailed reply or 14 days from the order I've received from the District Judge?

Thanks,
Grant

[Amethyst]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

14 days from service of the claimants defence reply xx

I do agree it isn't clear though - orders are normally accumulative, so 2 can't happen until after 1...

1. Claimant do by 4:00pm on 18th July 2016 file and serve detailed reply to Defence.
2. Defendant do within 14 days of service, file and send to Claimant's solicitor his amended defence, if any

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thank you.

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hello All,
I wanted to update you on my case...
WH wrote to the Court requesting an extension, stating Cabot was unable to provide documents supporting their case but would be able to do so within 60 days. They also stated that the extension would allow them a further opportunity to find a resolution with me without resorting to a hearing. The District Judge allowed the extension, setting deadlines for the documents to be presented and a hearing date was set for October.
The wording of the order seemed to suggest that the new deadline would be the last opportunity for either party to provide any documents in support of their case.
The extension deadline was tomorrow and I'm relieved to say that I have just received a letter from WH stating that Cabot are discontinuing their claim. There is no explanation as to why.
I'm hoping that after 7 months of worry this will be an end to things, so thank you to everyone who offered me advice or posted their own experiences on the site. Despite knowing I was in the right it was difficult not to give in to some of the tactics used against me and I suspect without the support and advice I received things might have turned out differently.
Thanks LegalBeagles!
Grant

[CharlieP]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Great news Grants:tinysmile_twink_t2:

[Stu]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Another discontinuance, well done everyone who helped