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Hi all,
Received a application notice and court date for Cabot's in relation to an old Halifax overdraft for around 2.5k. Originally they chased the debt back in 2017 via court - I asked for them to provide proof of debt (CPR) and asked for case to be stayed. Heard nothing else from the courts or Cabots until about a month ago. Cabots emailed me some documents about 6 weeks ago which they state are proof of the debt and in response to CPR request but I cannot access them as they are password protected, so absolutely useless to me.
They have now applied to court for the stay to be lifted and a date is set for early July. General order from court just states time and date of hearing plus - The application be listed for hearing on XX date at XX time.
The application notice from Cabots states -
An order that the stay applied to the proceedings be lifted and Cabot UK be granted summary judgment pursuant to CPR parts 24 and / or strike out of the defence under 3.4 on the grounds that:
The defendant has no real prospect of defending the claim and there is no compelling reason why the case should be disposed of at trial.
Should the defendent wish to rely on written evidence at the hearing they should file such evidence with the court and serve a copy on the claimant not less than 7 days before the hearing pursuant to CPR part 24.5 (1)
I unsure how to proceed but thinking this - I submit documents to the court in the 7 days prior stating that Cabots still haven't responded to the original - prove this debt, so request application is still stayed. When docs are provided either pay up or argue at court.
Any help / comments / thoughts appreciated.
Thankyou
Received a application notice and court date for Cabot's in relation to an old Halifax overdraft for around 2.5k. Originally they chased the debt back in 2017 via court - I asked for them to provide proof of debt (CPR) and asked for case to be stayed. Heard nothing else from the courts or Cabots until about a month ago. Cabots emailed me some documents about 6 weeks ago which they state are proof of the debt and in response to CPR request but I cannot access them as they are password protected, so absolutely useless to me.
They have now applied to court for the stay to be lifted and a date is set for early July. General order from court just states time and date of hearing plus - The application be listed for hearing on XX date at XX time.
The application notice from Cabots states -
An order that the stay applied to the proceedings be lifted and Cabot UK be granted summary judgment pursuant to CPR parts 24 and / or strike out of the defence under 3.4 on the grounds that:
The defendant has no real prospect of defending the claim and there is no compelling reason why the case should be disposed of at trial.
Should the defendent wish to rely on written evidence at the hearing they should file such evidence with the court and serve a copy on the claimant not less than 7 days before the hearing pursuant to CPR part 24.5 (1)
I unsure how to proceed but thinking this - I submit documents to the court in the 7 days prior stating that Cabots still haven't responded to the original - prove this debt, so request application is still stayed. When docs are provided either pay up or argue at court.
Any help / comments / thoughts appreciated.
Thankyou
