Going to court to get Judgement set aside - Cabot

[Jasonm1970]

Hi Amethyst,
Thanks for the speedy reply. I didn't apply for costs to be reimbursed as I fall under the threshold and didn't have to pay any.
I don't know which documents to ask for on the CPR, as I have never seen the original copy of anything, I only know I have the CCJ because a Warrant of Control order appeared in my letter box, and I then did a credit search.
Do I therefore ask for all documents pertaining to the CCJ, original claim?

Jason

[Amethyst]

Didn't the court send you the original details of the claim ? Bit annoying as they could have just emailed you the screen for the case summary.

At a guess it will be agreement, notice of assignment and default/termination notice, so I'd ask for those AND a copy of the original particulars of claim and full breakfown of the debt.

[Jasonm1970]

As stated, my CCJ was set aside for 6 months, I have had no correspondence from Cabot other than a letter refusing to honour the CPA. Today I received a letter from Mortimer Clarke (06/06/19) stating:

"It has come to our clients attention that the Particulars of Claim refer the original creditor being "CO". However, the full name of the original creditor is "Co-Operative Bank".

Please can you confirm if you intend to take any issue with this error contained within the Particulars of Claim within the next 28 days.

If we do not hear from you within the next 28 days of this letter, we shall assume you do not intend to raise any objection to the Particulars of Claim and our instructions are to write to court to request Judgement against you.

We look forward to hearing from you."

I have had no Particulars of Claim from Cabot. Do I reply to this letter? If so how? Is this designed to trick me into acknowledging that I owe the debt as my original defence was that the debt was statute barred.

Thanks in advance...

jay

[R0b]

So I have some questions for you:

1. What does the order actually say when you received it? Can you upload a redacted copy?
2. What were the reasons why Cabot are refusing to comply with the CCA request?
3. Have you attempted to contact Mortimer Clarke and invite them to make an offer to settle the claim? If not, why not?
4. What have you done to move this forward in terms of gathering evidence. From the sound of things you haven't done anything not even request the Particulars of Claim either from Mortimer Clarke or the court.

If the claim is stayed for 6 months then I can't see how MC can apply to enter judgment. They specifically requested a stay to engage in settlement talks but according to you, they haven't bothered at all (which raises the abuse of process argument since they were probably delaying as I mentioned to gather the documents) yet at the same time, if you've done bugger all, then you can't exactly say much either.

There's been a 3 month gap since you last posted about going to court and nothing in between but you've given limited information so we can only provide you with limited answers.

If the reference to CO is not clear as to the identify and relationship to the claim then you should take issue with that and ask that they make an application to amend their particulars and provide you with a copy in compliance with the rules of the CPR.

[Jasonm1970]

Hi Rob,

Thanks for the reply. I don't know how to resize the photo so I've had to turn it.
You are correct, all I have done is apply for the CCA on the 19 March (a week after the judgement was set aside) as part of my defence and the SAR to Co-op (which I never heard back from). I assumed (I presume wrongly now) that Cabot would be in touch.

The wording of their refusal letter is thus;

"I can confirm that a County Court Judgement was obtained against you on 11 May 2017, prior to your original CCA request being received. At no point did you raise any dispute to this matter prior to the judgement being obtained; therefore we are fully entitled to enforce the judgement and the duty to supply the requested information no longer applies."

As I stated, this was sent a week after they agreed to have the judgement set aside, I therefore believed that: a) MC don't bother informing Cabot on their actions. b) that the CCJ application process was to start again.

Now, I may have been stupid here but, I assumed that as I had submitted a defence and I am in no way in a position to make an offer of payment, I was to wait for them to contact me, which I have done.

I was under the impression that they would begin the process again and I would then get the chance to reapply for the CPR/CCA etc, however, as I have stated, I have had no correspondence from either Cabot or MC except the letter about the misspelling of Coop.

Where do I go next

Jay

[Amethyst]

Here xx. Main question - did you file a defence by 8th April ?

[Jasonm1970]

Yes, posted registered post on 2nd April.

I contended that;

1. Debt was under the provisions of the Limitation act.
2. That TTBOMK no payment had been made since 31/06/10
3. Cabot must provide unequivocal proof that the debt is not statute barred.
4. That Cabot refused to provide a copy of the original CCA.

Thanks

Jay

[charitynjw]

From your other thread.

If it were me, I'd take issue.

Even if you had never seen the particulars?


I have received nothing from Cabot, including any Particulars of Claim. How would I word a letter taking issue with something I've never seen (and therefore cannot use as evidence)?

many Thanks

Jay

This was in reference to their cock.......err, mistake....... re the Claimant's name on the claim form.
Tactically, if they are forced to pay out money to correct their mistakes, it reduces any potential profit they might make.
& it's all about money.......

[R0b]

Yes, posted registered post on 2nd April.

I contended that;

1. Debt was under the provisions of the Limitation act.
2. That TTBOMK no payment had been made since 31/06/10
3. Cabot must provide unequivocal proof that the debt is not statute barred.
4. That Cabot refused to provide a copy of the original CCA.

Thanks

Jay

Is that your defence verbatim? If not, post up what you actually filed.

[Jasonm1970]

Hi Bob,

FPD...

Claim No Judgement set aside on Date 11 March 2019 in the County Court at Derby.
Judge MacCuish

Between CABOT FINANCIAL (UK) LIMITED

and

************************************************** *

1. On the order of Judge MacCuish I submit the following defence to the original claim.

2. I believe that the alleged debt under the provisions of the Limitations Act 1980 prior to the claim being issued.

3. To the best of my knowledge and belief no payment or unequivocal written acknowledgment has been made in regard to the alleged debt since 31/06/2010.

4. It is my contention that the Claimant Cabot Financial must provide unequivocal proof that the alleged debt is not statute barred.

5. That the Claimant Cabot Financial refused to provide a copy of the Consumer Credit Agreement with regards to this claim, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) applied for on 12/03/2019.


Statement of Truth I Mr *************** Confirm that the above is the truth to the best of my knowledge and belief.


Signed Dated

Verbatim.

Many Thanks

Jay

[Amethyst]

That letter about the CO vs co-op - i would reply asking them for a copy of the particulars of claim as they have failed to send a copy to you. I'd also remind them the judgment was set aside on x date, you filed a defence in April and despite their asking for a six month stay there's an outstanding cca, they haven't provided any evidence the claim isn't time barred , and suggest they discontinue to save further time and costs.

How certain are you on the 2010 date? You tried to claim on ppi after you were made redundant- when did you give up on that / when did they refuse - and when did they Actually default the account ?

also do you know why the ppi claim was refused ? And have you tried to reclAim the ppi as missold/unsuitable for your needs ( as it didn't pay out in redundancy it sounds pretty useless )

[Jasonm1970]

Hi Amethyst,

I am not certain of the 2010 date, I was made redundant in Jan 2008, by mid 2009 most of my debts had been paid through PPI, the only remaining debt was an overdraft on the bank and Coop. Coop actually furnished me with a few numbers for PPI but only one worked and they never sent a claim pack, they just repeatedly told me they were/had sent one. By mid 09 the debt had moved to a debt collector. When I first realised I had a CCJ I checked my credit file, but obviously I couldn't check the 18 months previous to the 6 years from Dec 18.
Of course, I am now relying on them to provide proof after 2011 as the CCJ was taken out in 2017.

I will write a letter up later and post on here, could you give it the once over?

Many thanks

Jay

[Amethyst]

Aye - you might be tight on statute barring but at least you do have the cca in there as back up - your defence might need amending to fully comply with the order, and to take account of anything they do send, but presumably it's better than any draft defence you filed with your set aside application ( cpr 16 wise)

[Jasonm1970]

Hi Amethyst,

Here is the body of the letter I will send MC, is there anything I need to change/amend?

Thanks in advance...


Dear Sir,

With regards to your letter dated 06/06/2019 I respectfully request that you furnish me with a copy of the Particulars of Claim specified as you / your client has failed to do so.

I would also remind you that the original judgement was set aside on the 12^th March 2019, my defence was submitted within the 28 days granted and despite your request for a six month stay there is an outstanding Consumer Credit Agreement request. Furthermore, no evidence has been provided to conclude that the alleged debt is not Statute Barred under the provisions of the Limitation Act (1980).

I would therefore suggest you discontinue this claim to save further time and costs.

Yours Faithfully


J

[Jasonm1970]

One Last Question - I hope!

Hi All,

I received a letter from Mortimer Clarke today stating:

We refer to the above matter and we confirm that we have been instructed by our client to close your account with us.
We confirm that your account has been marked for closure accordingly and any correspondence should be sent to our client directly..

Does this mean that they will no longer be pursuing me? Is there anything else I need to do?

Many Thanks

Jay