Cabot Vs Flopf

[charitynjw]

Re: Cabot Vs Flopf

I have today received a County Court Business Centre Claim from Northampton, for a Yorkshire Bank Credit Card debt.
The particulars of claim...
"The Claimant claims payment of the overdue balance due from the depdendant under a contract between the defendant and Yorkshire Bank dates on or about 17 February 2000 and assigened to the Claimant on Sep 25 2008
Date 10/03/2015 / Item Default Balance / Value £6972.31 / Post Refrl Cr NIL

Amount claimed £6972.31, Court Fees £410 / Legal representatives cost £100.00 - Total amount £7482.31

To cut a long story short, I went through a very bad divorce in 2000 (over 16 years ago) I was unable to pay outstanding credit card debt and received a CCJ for it. Which Cabot must have taken over.
Can they take me back to court for a second CCJ for the same debt all of those years ago?

I have read previous threads and have followed your steps
1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.

Do I need to send copies to the courts of what I have sent please.
How long do I give them to reply?

Many Thanks for your help, I feel really upset and distressed and hope I can get this sorted out.

[MENTION=55034]nemesis45[/MENTION] for info

[nemesis45]

Re: Cabot Vs Flopf

Hello, can anyone help please.
I have received the letter in above post from Restons. I have then on Saturday received a letter from Cabot, returning my postal order saying the reference was incorrect and they could not find my details. The reference I provided to Cabot is correct on the account details they have sent.
I dont know what to do from here, as time is running out for me to respond to County Court Business Centre
Many Thanks

Good morning,

It's a standard response when Cabot/Reston don't have the documents requested.

It's made clear that only the documents mentioned in the particulars of a claim can be requested via CPR 31.14, in your first post it shows that a " contract " is mentioned and that the account was " assigned"
so the contract and a notice of assignment can be requested.

Make another request to Restons and remind then that whatever you may or may not have received in the past from any party is irrelevant and you wish to inspect the documents their client intends to rely up on in court.

nem

[Flopf]

Re: Cabot Vs Flopf

Thank you Nem,
I have sent a recorded letter to Reston's today asking for the relevant documents as you have suggested.
The 28 days for me to respond to the claim are up tomorrow. Can you please advise how I should proceed with County Court Business Centre.
Many thanks again.

[nemesis45]

Re: Cabot Vs Flopf

Thank you Nem,
I have sent a recorded letter to Reston's today asking for the relevant documents as you have suggested.
The 28 days for me to respond to the claim are up tomorrow. Can you please advise how I should proceed with County Court Business Centre.
Many thanks again.

So you have had nothing back from Cabot or Restons other than the letter stating they can't find your details.

I guess you are going to have to submit that the claim is res judicata ( all ready decided over 6 years ago and no enforcement action has been taken you respectfully ask the court to strike out the claim.
Original Claim March 2008?
What's the name of the original claimant?

[Flopf]

Re: Cabot Vs Flopf

The response from Cabot was they could not trace details from the reference numbers I supplied. (They were exactly as per the County Court Business Centre documentation) I have attached the reply from Restons which is a couple of posts above.
The original claimant dating back over 16 years was Yorkshire Bank.
As it has dropped of my credit file I cant find details of the original CCJ,
Many Thanks

[nemesis45]

Re: Cabot Vs Flopf

The response from Cabot was they could not trace details from the reference numbers I supplied. (They were exactly as per the County Court Business Centre documentation) I have attached the reply from Restons which is a couple of posts above.
The original claimant dating back over 16 years was Yorkshire Bank.
As it has dropped of my credit file I cant find details of the original CCJ,
Many Thanks

So we are now dealing with a debt on which judgement has been made approx. 8 years ago and no enforcement action has been take?

nem

[Flopf]

Re: Cabot Vs Flopf

Yes that's right Nem
Thank you

[nemesis45]

Re: Cabot Vs Flopf

Yes that's right Nem
Thank you

Would you like me to put that in defence format for you I can do this first thing tomorrow morning.


nem

[Flopf]

Re: Cabot Vs Flopf

That would be wonderful if you could please Nem.
I can't thank you enough

[nemesis45]

Re: Cabot Vs Flopf

That would be wonderful if you could please Nem.
I can't thank you enough

Will do tomorrow am, out tonight!

nem

[nemesis45]

Re: Cabot Vs Flopf

That would be wonderful if you could please Nem.
I can't thank you enough

Claim No................................................ Issued........................................<dat e.

Between

Cabot ( full company name as on Form N1:

and

Your name:.......................................>


Defence

1. I received CC Claim No,............................................... .........on: Date:

2. Each and every part of this claim is denied unless otherwise stated in the defence.

3. On ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, I sent a request to Restons Solicitors under the provisions of Civil Procedure Rule 31.14 for inspection of the documents mentioned in the particulars of claim.

4. To date Restons have not provided the documents requested.

5. On .......................................: I sent a request made under the provisions of Sections 77/78 of CCA 1974 for a copy of the agreement relevant to the alleged debt from which this claim arises.

6. On...................................... Cabot replied to my request stating that the could not trace any documents from the details supplied in my request.

6. (a) The details supplied are those quoted by the claimant in recent correspondence .

6. (b) To date Cabot has not supplied any copy of the agreement and is therefore unable to enforce the alleged.

7. The defendant recall a County Court Judgement being made in regard to alleged claim in March 2008, however the claimant can no longer trace any records of this claim.

8. The defendant avers that the claim stands res judicata and that no enforcement action has taken place in more than 6 years .

8. (a) The defendant respectfully ask the court to dismiss this claim .

The defendant states the to the best of his knowledge and an belief the statements made above are the truth.

Signed......................................dated. ......................................:




Add/delete/amend as required.

any queries please tag [MENTION=55034]nemesis45[/MENTION] and I will pick up the thread next time I log in.

nem.

[Flopf]

Re: Cabot Vs Flopf

Hello Nemesis45
Thank you for the advice you provided to me some time ago.
I completed the defence as you suggested on the thread, the proceedings were cancelled.
Robinson Way (Debt Collectors) have now started harrassing me for the debt.
I have today received a letter as follows......

Proposedd Reconnection Visit

We are committed to help you come to a resolution for the outstanding account noted above. We are proposing to send a Field Contact Manager to your address after 05/09/16 who will help you reconnect with us, so that we can come to an affordable repayment arrangement which takes into account your personal circumstances and financial situation.
Propose
If you would prefer not to have a reconnection visit, please call one of our customer contact representatives on 0800 028 0558 to discuss the options available to you before 05/09/16.

You can also deal with your account online at our website www.robway.co.uk or you can email us at contactus@robinson-way-com.

Can you please advise me if they can harrass me in this way after 9 years have passed. If you could give me advice on how to reply please, it would be very much appreciated.

Many Thanks
Flop

(I will try to post this to the thread also.)

[nemesis45]

Re: Cabot Vs Flopf

Hello Nemesis45
Thank you for the advice you provided to me some time ago.
I completed the defence as you suggested on the thread, the proceedings were cancelled.
Robinson Way (Debt Collectors) have now started harrassing me for the debt.
I have today received a letter as follows......

Proposedd Reconnection Visit

We are committed to help you come to a resolution for the outstanding account noted above. We are proposing to send a Field Contact Manager to your address after 05/09/16 who will help you reconnect with us, so that we can come to an affordable repayment arrangement which takes into account your personal circumstances and financial situation.
Propose
If you would prefer not to have a reconnection visit, please call one of our customer contact representatives on 0800 028 0558 to discuss the options available to you before 05/09/16.

You can also deal with your account online at our website www.robway.co.uk or you can email us at contactus@robinson-way-com.

Can you please advise me if they can harrass me in this way after 9 years have passed. If you could give me advice on how to reply please, it would be very much appreciated.

Many Thanks
Flop

(I will try to post this to the thread also.)

Hello Flopf

I'm just going to read back through the thread.

nem

[nemesis45]

Re: Cabot Vs Flopf

Hello Nemesis45
Thank you for the advice you provided to me some time ago.
I completed the defence as you suggested on the thread, the proceedings were cancelled.
Robinson Way (Debt Collectors) have now started harrassing me for the debt.
I have today received a letter as follows......

Proposedd Reconnection Visit

We are committed to help you come to a resolution for the outstanding account noted above. We are proposing to send a Field Contact Manager to your address after 05/09/16 who will help you reconnect with us, so that we can come to an affordable repayment arrangement which takes into account your personal circumstances and financial situation.
Propose
If you would prefer not to have a reconnection visit, please call one of our customer contact representatives on 0800 028 0558 to discuss the options available to you before 05/09/16.

You can also deal with your account online at our website www.robway.co.uk or you can email us at contactus@robinson-way-com.

Can you please advise me if they can harrass me in this way after 9 years have passed. If you could give me advice on how to reply please, it would be very much appreciated.

Many Thanks
Flop

(I will try to post this to the thread also.)

OK.

The Claim:
1. Was this discontinued by Cabot? Or struck out by the court.

The: Proposed Visit:

2. Robinson Way acting on behalf of Cabot ?

3. You have no obligation to allow this visit or to discuss anything with a stranger on your doorstep.

4. Was this ever reported on your credit reference files? I ask because I have seen old utility debts reposted on credit files in the past. If you haven't checked you can use Noddle free online.

If this alleged debt has not been acknowledged in writing and no payments have been made in more than 6 years it would now be statute barred.



nem

[Flopf]

Re: Cabot Vs Flopf

Thank you Nem