Restons Solicitors

[Baby Mum]

Sorry, had a terrible typo, hi guys not guts, oh dear

[Baby Mum]

Amethyst*

[Leaf]

Hi, guts, I am back. I have received the formal notification from Restons that the Hearing will no longer take place. So I have not submitted my WS. I decided to call court today to confirm and was informed that they have received the request for withdrawal/ to vacate the Hearing but the Hearing has not been cancelled as yet as they can see. They advised to email the Court ASAP asking for clarification. I don’t know what is going on. I was waiting all this time not submitting WS because I had it in writing that the Hearing will no longer take place. I think yesterday was the last day to submit WS. So where do I stand, please.

Email the court requesting clarification as they suggest. You could still email the defendants@ MCOL address also and send in your witness statement to be safe, but it is clear Cabot have decided to terminate the claim because they cannot satisfy the CCA request and therefore cannot enforce. This leaves a bit of a no mans land where they can continue to ask you to repay the money but cannot enforce.

[Amethyst]

Did they give you the courts email address ? It's at your local court now I believe as it was allocated after their application to lift the stay and request summary judgment. But yes, email court to clarify whether the hearing has been vacated. It doesn't sound like the claimant is discontinuing the claim, just withdrawing their application to lift the stay at the moment - so they might try again if they find the documents in future ( unless of course you do agree a settlement in the meantime ) .

Might also be worth checking with restons that they have received and acted on their clients instructions to withdraw the app and vacate the hearing.

Dont worry on the witness statement at the moment - you have it clearly in writing from the claimant that the hearing is to be vacated so if they change minds and continue the case they'll not get far trying to strike your WS out for being late.

[Baby Mum]

Oh thanks soooo much. I have emailed Clerkenwell and Shoreditch. Also I have decided to have my WS ready anyway. just a question- where it’s written that there is absolutely no mention in any of the documents disclosed of MFS portfolio. Some Cabot letters have their name on the side as current creditor. Should I omit that statement then?

[Amethyst]

You can say you have never had a letter or contact from MFS but yes leave out the absolutely no mention part now we know they are named in the side column of some if the letters.

[Baby Mum]

Thanks soooo much, Amethyst. I definitely has not had any letters from MFS.*

[Baby Mum]

Have received an email from court confirming that the hearing has been vacated.*

[Amethyst]

Okay great
What do you want to do with it now? Use this space to try and come to a settlement arrangement with them? Of course they haven't actually withdrawn the claim only the application to lift the stay won't go ahead, and presumably only until such time as they obtain the documents. I'd guess you don't have a spare £3k laying about the place, and their letter does intimate if you want to arrange instalment payments they'll be after the full whack... so it would be a case of trying to negotiate with them for a discount settlement figure payable by instalments - and the best time to do this kind of negotiating is while you're in a strong position ( as you are now ). They can't lift the stay to proceed with the claim when they know they don't have the documents to enforce, but they might get the documents in the future and go again to lift the stay. I'd guess you discussed this more or less with them when you spoke to them and they decided to vacate the hearing. I'd negotiate directly with Cabot - rather than through Restons - I think Cabot already said they'd take the account back from Restons anyway... and particularly with your current circumstances Cabot are far more likely to agree a discount and an affordable arrangement.

Of course you might want to just wait and see what happens. It isn't going to go statute barred though as they haven't discontinued the actual claim so will stay in the court system until they get their act together one way or the other.