Thankful for any advice please :(

[ScottishGal]

Hi everyone, I received letter from Cabot On November 23rd telling me that they can’t provide me with the CCA and that any legal action is unenforceable until they provide this. Today I recieved an email from my local court asking for a contact number for my case tomorrow which I had absolutely no idea about. After emailing the court and explaining this they have instructed me to call the solicitors acting on behalf of Cabot financial. They have said the case tomorrow is a case management discussion and will last about 20 minutes and is a telephone call. I’m really panicking as I have had no prior notice and this is all happening tomorrow. I’m stuck. Please help.

[MIKE770]

echat11

[echat11]

https://www.scotcourts.gov.uk/taking...-disputed-case

What is a Case Management Discussion?

A case management discussion is a hearing the sheriff may arrange so they can:-

• Discuss the claim and response with both the claimant and respondent to clarify any concerns the sheriff may have.
• Discuss negotiation and alternative dispute resolution with the claimant and respondent.
• Give the claimant and respondent, in person, guidance and orders about witnesses, documents and other evidence which they need to bring to a hearing.
• Give the claimant and respondent, in person, orders which arrange a hearing
• Make a decision in the case.

I think you need to think about the above, make some brief notes, that you can read out, the main point being that you haven't received documents from the Claimant.

It might be that the Claimant wants to withdraw the case as they can't enforce it through the Courts, as they said it's 'unenforceable'.

[ScottishGal]

Thank you so much for the help. The court has suggested I call the solicitor representing Cabot financial? Is this advisable or will I just wait until tomorrow and state I haven’t received the CCA I requested or any information about the case that is taking place?

[echat11]

Thank you so much for the help. The court has suggested I call the solicitor representing Cabot financial? Is this advisable or will I just wait until tomorrow and state I haven’t received the CCA I requested or any information about the case that is taking place?

I would just wait until tomorrow, state that you haven't received documents CCA etc.

Tell them you weren't aware of the case management hearing until today.

Make your notes so you can read them out.

They've told you it's 'unenforceable' so they should withdraw the case.

[ScottishGal]

Thank you so much for your help, I really appreciate it.

[ScottishGal]

Good morning, this morning I received a letter from the solicitors representing Cabot Financial with a 9G form to dismiss the claim on a no expenses due or by basis and that they are looking to take a commercial approach?
can someone tell me exactly what this means and if I am still within my rights to say nothing until I receive the CCA? Thank you

[echat11]

Good morning, this morning I received a letter from the solicitors representing Cabot Financial with a 9G form to dismiss the claim on a no expenses due or by basis and that they are looking to take a commercial approach?
can someone tell me exactly what this means and if I am still within my rights to say nothing until I receive the CCA? Thank you

If I am reading it correctly, they are wanting to withdraw (dismiss) the case for commercial reasons. You could ring their solicitors for clarification.

[MIKE770]

dismiss claim and you agree to not charge any expenses you incurred? could state that they agree no further action to sale alledged debt on. echat11 ?

[ScottishGal]

So it states
what orders would you like the court to make and they have put - I would like the sheriff to dismiss this claim on a no expenses due or by basis.

why should the court make these orders?
The claimant has reviewed matters and wishes to take a commercial approach.

[echat11]

dismiss claim and you agree to not charge any expenses you incurred? could state that they agree no further action to sale alledged debt on. echat11 ?

Agree, even if they do sell it, there are no documents to back up any claim.

[ScottishGal]

MIKE770 & echat11 Case was dismissed, thank you so much for all your advice. I suppose I need to wait on their next move now.

[MIKE770]

MIKE770 & echat11 Case was dismissed, thank you so much for all your advice. I suppose I need to wait on their next move now.

relax well done., no documents no case.

[Celestine]

This is also known as a 'drop hands' settlement. This is good. You've not incurred any expenses, whereas they will have. Fill in the form and send back, that will end the case and your CCA remains outstanding. They lost and they recognise it but they say it's for commercial reasons...e.g. not worth the cost of pursuing.

[ScottishGal]

Celestine Thank you so much, Do I still fill it in even though the case was dismissed by the sheriff this morning?