cabot finance claim form received

[jweb]

Re: cabot finance claim form received

just to also add i have just telephoned the court just to find out what the status of the claim is and was told that they have received my small claims track forms back but have not received a small claims track from whright and hassall..yet its a bit strange that they sent me a photo copy of their claims track form! i wonder if they did that to try and force me into doing something..anyway the court said if they do receive their claims track form then i may be contacted by a mediator..of which i will be saying no...no and even more no's

[jweb]

Re: cabot finance claim form received

hi everyone i have just received this below in an email can you assist me with what i would be best doing as i still have not received any proof of documents from either wright and hassall or cabot finance

this is the email
Small Claims Telephone Mediation Service
Tel: 01604 795511 - Email: scmreferrals@hmcts.gsi.gov.uk
*
Claim Number: xxxxxxxxx.
*
Parties: CABOT FINANCIAL (UK) LIMITED v xxxxxxxxxxxxx
*
The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.
*
*
Appointment Time & Date
*
A one hour telephone mediation appointment has been provisionally booked for between 12:00 and 17:30 on 08/06/16.
*
Mediation appointments are limited and can only be re-arranged under exceptional circumstances.
*
If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.
*
You will be telephoned within 8 days of this email and asked if you can agree to the terms set out below.* Please note that the Mediation Team will call from a withheld number.* Once ALL parties have been spoken to, you will receive an email confirming the start time of your appointment.*
Mediation appointments are limited and in high demand. If we are unable to contact you, your appointment will be cancelled and your case will be transferred to a local court to be listed for a hearing.
*
(If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)
*
*
Mediation Requirements
*
Please read the following statements:
*
Yes
No
For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions.* Can you agree to this?
*
*
I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment
*
*
I can confirm that I can mediate on the date stated above.
(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).
*
*
*
Mediation is only available to you if you can answer YES to all 3 statements above.* If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).
*
*
How is Mediation Carried Out?
*
You will be contacted by a Court mediator who is trained to help people settle their disputes.* The mediator acts as a ‘go between’ to help both parties try to find a resolution.* They do not make decisions, offer legal advice or adjudicate the dispute.* The mediator’s therefore do not need to see any supporting evidence prior to mediation.
*
Mediation is done via telephone but it is not a conference call.* The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same.* The mediator will continue to go back & forth between the parties for the hour long session.
*
If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed.* The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it.* Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case.* Should the other party breach the terms of the agreement, you can apply to the court to enforce the order.
*
If no agreement is made after 1 hour, the mediator will end the session and the case will proceed to a hearing to be resolved by a District Judge.* Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.
*
*
Important Preparation
*
Please find below some guidance notes that will help you prepare for your mediation appointment.* It is important that you read this fully prior to your appointment.
*
1.***** You must participate in mediation in good faith, with the intent to reach an agreement.* If you attend with no intention of negotiating or compromising, the mediator will terminate the session.* You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.
Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.
*
2.***** The mediator may call from a blocked or unknown telephone number.
Top Tip:* Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.
*
3.***** If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.
Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise.* You will be legally bound to any agreements the 3rd party makes.
*
4.***** Your mediation appointment is limited to 1 hour.* You must be free and by the phone for the full hour so that the mediator can contact you.
Top Tip:* Make sure you are in a suitable location for the appointment that is free from distractions.* The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.
*
5.***** Everything mentioned at mediation is confidential.* The mediator will only pass information to the other party with your authorisation.* You cannot record the mediation session.* If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.
*
6.***** You must be available at the start time of your appointment.* If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.
Top Tip:* Have you provided the most suitable telephone number for your appointment?* If you are mediating on behalf of a company, have you provided a direct line?*
*
7.***** The mediator speaks to both parties separately.* You may not be the first person contacted so please be aware that there may be a delay before the mediator calls you.* If you have not received a call within 15 minutes of your appointment start time, please call the Mediation Team.
*
*
*
If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.
*
*
Small Claims Mediation Service Contact Details
*
Tel:* 01604 795511
Email:* scmreferrals@hmcts.gsi.gov.uk
Post:* St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH

[jweb]

Re: cabot finance claim form received

anyone? [MENTION=55034]nemesis45[/MENTION] [MENTION=5553]charitynjw[/MENTION]

[charitynjw]

Re: cabot finance claim form received

hi everyone i have just received this below in an email can you assist me with what i would be best doing as i still have not received any proof of documents from either wright and hassall or cabot finance

You will be telephoned within 8 days of this email and asked if you can agree to the terms set out below.* Please note that the Mediation Team will call from a withheld number.* Once ALL parties have been spoken to, you will receive an email confirming the start time of your appointment.*
Mediation appointments are limited and in high demand. If we are unable to contact you, your appointment will be cancelled and your case will be transferred to a local court to be listed for a hearing.


Mediation Requirements

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment


Mediation is only available to you if you can answer YES to all 3 statements above.* If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).


Small Claims Mediation Service Contact Details
*
Tel:* 01604 795511
Email:* scmreferrals@hmcts.gsi.gov.uk
Post:* St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH

anyone? @nemesis45 @charitynjw

Pretty much what it says on the tin, I reckon.

[nemesis45]

Re: cabot finance claim form received

OK Cabot's 40 days is a complete nonsense they have 12 + 2 Working days from the date they received the CCA request and if they cannot comply they cannot enforce the debt.
Please be aware that Cabot's timescale does not stop the Court Process which you must comply with other wise they will take an opportunity to apply for judgement.
It's all playing for time, Cabot's 40 days con should be brought to the attention to the court in your witness statement IF this gets as far as a hearing.

nem

[jweb]

Re: cabot finance claim form received

nem thank you very much for replying back. do you think i should now wait for this mediation call and tell the mediator what you just said or would it be advisable to write to wright and hassall and cabot stating again its statute barred and I've never had a credit card as they have put it and also that they still have not provided the cca as per my request nearly 2 months ago. im just seeking the best cause of action here in advance of just sitting here wondering whats going to happen next or should i just contact the mediation department by email telling them that i do not answer Yes to all questions and therefore seek a hearing?

please could you let me know what you think based on all my previous posts about this claim.

kind regards
Jweb

[jweb]

small claims track

update on my previous posts..about a week ago i had a call from a mediator to ask if i agreed to yes on all counts for a telephone mediation session and i said no to the fact thst i still have not received any docs i originally asked for when i sent my templates to tge claimant and their solicitor. I have now received a letter saying its been put forward to a hearing at my local court (still waiting for date) i just wanted to thank everyone on here for assisting me with this claim all the way through as i will be fighting these morons all the way..so just to recap of what went on for those that may suffer similar.

Here's what happened in short

Received a claim from cabot who bought a 12 year old debt from welcome finance.

Their claim is for money owed for a loan according to the claim form even though i didnt ever have a loan it was a car on hp.

Then i get "we are unable to provide the origional docs asked for"

Then i get from their solicitor "we dont accept your defence blah blah blah"

Then i get a small claims track form from the court and filled it in.

Then i get another letter from cabot saying" its for a credit card" again I've never had a credit card it was a car on hp.

Now i am waiting for this court hearing and oh boy am i going to enjoy this.

So no document proof still sent to me are these fools allowed to just present some miraculous docs at the hearing without me having a copy of any first?

comments are very welcome please.

[charitynjw]

Re: small claims track

If they did turn up at the hearing with the documents/evidence, I think you could ask for an adjournment (& maybe 'wasted costs?}

& given the recent court rulings re timely responses to court orders (ie the 14 day 'standard' instruction on disclosure), the court should consider striking out the claim (Mitchell & Denton).

I'll give [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=71570]R0b[/MENTION] & [MENTION=39710]des8[/MENTION] a nudge.

[des8]

Re: small claims track

On past form I suspect they will discontinue at last minute, otherwise as per Charity above

[R0b]

Re: small claims track

I agree with the above, if they somehow produce documents on the day of the hearing you would want an adjournment and perhaps permission to amend your defence on that basis as at no point have they supplied you with the documentation and so you were unable to properly plead your defence. Wasted costs are unlikely although may be possible if they do show up with no docs, but as @des8 has said, they will probably discontinue. You could write to the court and object to the discontinuation and request wasted costs but that's entirely up to you.

Even if they did show up at the time there is the Normura International v Granada Group PLC case where the High Court Judge said that claimant should be prepared to conduct some pre-investigation before issuing a claim because if they don't have the requisite facts to properly plead a claim then this is an abuse of process. In that case, it turned out the Claimant couldn't plead their case fully until the Defendant pleaded theirs - I guess its a bit similar to debt purchasers, they buy in bulk, issue in bulk and then see what happens. They (I assume) conduct no pre-proceedings investigation to the claim and go off the minimal documentation they have, if any, and hoping that they get something out of it.

So on that basis you could ask for a strike out, especially if the claim is statute barred.

[jweb]

Re: small claims track

thank you to everyone who has commented on this its very much appreciated. I will of coarse keep you all up to date with the progress. All this has added more stress to me over the last few months due to only just finishing paying fifty five thousand pounds via attatchment of order for the last 14 years to the csa for my two sons which had just finished a week before i received this damn claim and to add to my woes my wife has just been made redundant from a company who she only started for 6 wweeks..they do say things like this come in three's but i'm a fighter and will not give up

Once again thank you so much everyone.

[jweb]

Re: small claims track

update: i have just received in the post the small claims track hearing date which will be next month. To date i have still not received any evidence or documentations that i asked for right at the beginning. I am now going to send to the court a copy of my defence along with all correspondence i received from the claimant and their solicitor plus a brief note highlighting the facts that its statute barred over 12 years and no docs have been provided and most of all they have said in there claim "credi card" when i never had a card it was for a car on HP. Also i will be mentioning that they have not responded at all that they are over the time limit to take this further in the first place.

your comments and suggestions are most welcome.

[jweb]

@nemesis

Update nem i have received the date for the hearing and as suggested in my other posts they may retract at the last minute. Just to be on the safe side i was wondering if i post up in date order the correspondence received by all parties can you assist me with my witness statement as i cant attend the hearing because i cannot get the time off work and the court says it will continue the hearing in my absenc pending i send my witness statement and all necessary documentation to all parties including the court.

jweb

[Kati]

Re: @nemesis

Update nem i have received the date for the hearing and as suggested in my other posts they may retract at the last minute. Just to be on the safe side i was wondering if i post up in date order the correspondence received by all parties can you assist me with my witness statement as i cant attend the hearing because i cannot get the time off work and the court says it will continue the hearing in my absenc pending i send my witness statement and all necessary documentation to all parties including the court.

jweb

I've merged your threads (so everything's in one place ) and I'll tag [MENTION=55034]nemesis45[/MENTION] for you ... I'm sure he'll be able to help with your WS xx

[nemesis45]

Re: @nemesis

I've merged your threads (so everything's in one place ) and I'll tag @nemesis45 for you ... I'm sure he'll be able to help with your WS xx

Thanks [MENTION=49370]Kati[/MENTION]
nem xx

Hello Jweb,

A witness statement is your account as to how /why this claim has arisen, just like a statement to the police in your own words.

If you take a look in the templates section in the " green box" above there are some specimens of WS's if you have a read there then please make a rough draft which I will be happy to teak for you.

When ready please tag [MENTION=55034]nemesis45[/MENTION] and I'll pick up the thread.

nem