Claim discontinued, Cabot now claiming.

[Viano]

In 2008 I contested, with a great deal of help from PT, a claim from B/card. They discontinued at the last moment. I have the order to prove it!

This morning I received a claim from Cabot for what appears the same claim.

What do I do?

Please.

Viano

[Amethyst]

Re: Claim discontinued, Cabot now claiming.

First step is to give us a link to your last thread (if you had one on CAG?)and the order confirming the discontinuance and post up the new claim from Cabot

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi Ame, and thanks for the quick reply.

The thread OTR is LBA from Optima Legal Services.

It is Ordered that

1. The claim be discontinued.
2. There will be no order as to costs.
Dated 23 July 2008 (sorry no scanner at the moment)

PoC's The Claimant is the Assignee of a Debt(s) from Barclaycard
Credit Card reference xxxxxxx, (this ref no bears no relationship to anything) Notice of Assignment having been given to the Defendant in writing. Despite demand for Payment, 10+++.++ remains due. The Claimant claims 11+++.++ and interest under s69 County Court Act 1984 and costs.

On a letter with a Barclycard Logo (from Cabot) dated 19 October 2009 it states:-

'We hereby give you notice of the assignment of the due debt to us in respect of the balance of £9+++.++ outstanding on your Barclaycard account on xx September 2009.

Any further communications and payments must therefore be addressed to Cabot Financial directly at the address below'

By the way I don't believe this letter to be from Barclaycard.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

'Tis now some time since I last posted, in the mean time I have sent back my Acknowledgement of Service and have to have my defence in in 2 weeks.

The last 'do' was dropped by Barclaycard on the advice of their Barrister at Fountains Court.

Any questions I will be pleased to answer. Any advice will be gratefully received.

Viano

[LuggerBugs]

Re: Claim discontinued, Cabot now claiming.

Is the first thing you heard from Cabot, a claim through Northampton??? It sounds from what you say, that Cabot think they have been contacting you previously.

Have you had any dialogue with them at all? Or have they been writing, and you have been ignoring?

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi LuggerBugs,

Sorry for the tardy reply.

I received in October a 'welcome' letter and in the same envelope a 'notice of assignment' followed by a number of 'phone calls, all ignored.

In July I received a letter from Morgan Solicitors stating that they (Cabot) had been assigned (bought) the debt and showing some information regarding the debt. It also states that the account is currently in default, true but not with Cabot, it goes on to say that this is an important letter and that I am obliged respond to this letter by virtue of the Practice Direction to the Pre-Action Protocols within the CPR 1998, and that if they did not receive a response within one month of the date of this letter legal proceedings 'will be issued against you without further notice or warning to you
This letter I ignored because of the case discontinuance by Barclaycard - different card, same application form - and because there is no material difference between the two claims.

The Claim form was received on the 24th ult.

That is the story in a nut shell. So in summary 2 letters, a few 'phone calls and a Claim Form.

V

[LuggerBugs]

Re: Claim discontinued, Cabot now claiming.

So in other words, you have never put this into dispute with them. Never a good idea to simply ignore things, especially with Cabot, as they will then see you as an easy target.

OK, what I would tend to do in this case is sidestep the claims process temporarily, and write to Morgans asking them WTF they think they are playing at, letting them know that Barclaycard have stitched them up by selling Cabot an account where Barclaycard have already accepted there is no chance of winning as per.

But also letting them know that under the circumstances, if they feel that they still want to proceed, then you will be more than happy to defend. You are simply letting them know the reality of the situation in order to avoid them causing themselves unneccesary embarrassment.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Thanks LB, I will draft a letter to that effect.

V

[pompeyfaith]

Re: Claim discontinued, Cabot now claiming.

also attach to the letter a copy of the judges discontinuance order

[Viano]

Re: Claim discontinued, Cabot now claiming.

Will do!

Should I have a defence ready just in case?

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

OK, I've written to Morgans issuing office (recorded)and Cabot (proof of posting) they should have received the letter yesterday, now I need a defence. Any suggestions?

Since I only have a couple of letters from them and I do need further information, do I send them a CPR 18, CPR 31.14 or what? and to whom do I send it. And how, if necessary, do I ask for time to file a full defence.

Defence has to be in by the 20th inst.

V

[Angry Cat]

Re: Claim discontinued, Cabot now claiming.

Make a CPR 31.14 request for full disclosure of documents; send by special delivery asap.

You cannot submit your defence, until they have disclosed and;
you may have to apply for an extension if they do not comply.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Thanks AC,

To whom do I send it, Morgans issuing office, Morgans West Malling or Cabot? Sorry to sound dim, but as I said previously I have no paperwork to go on.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Update.

Having sent both a CPR 31.14 and a letter with the (copy) of the discontinuance order I received today:

1) CPR r 31.14 response

'You will note that CPR, r. 31.14 states:

(1) A party may inspect a document mentioned in-
(a) a statement of case;
(b) a witness statement;
(c) a witness summary;
(d) an affidavit;
(e) Revoked.

The Claimant has not mentioned " The agreement, The assignment, " The default notice" or "The termination notice" within a statement of case, a witness statement, a witness summary, or an affidavit. Reference to such documents must be explicit and not simply allusion in any event.

Notwithstanding the above, we shall provide you with a copy of the Credit Agreement and the Deed of Assignment in due course. The Claimant is the legal Assignee of your Credit Agreement and on assignment the Assignor retains certain documents relating to assigned Accounts. We must request copies when they are required.We have requested a copy of your Credit Agreement and shall forward a copy of the same to you once it is made available. Please note that retrieval can take some time owing to the archiving of documents relating to assigned Accounts. We shall also provide you with a copy of the Deed in due course, once it has been retrieved from our own archive facility.

A Default Notice is not required under Section 87(1) of the Consumer Credit Act 1974 as the Claimant does not wish to take any of the steps detailed within that Section. You are referred to Section 87(1) in that regard.

We are not aware of any requirement to supply a Termination Notice at all'

Yours Faithfully.

And the answer to the letter with the copy of the Order;

'CPR Part 18 Request

We write in order to request information under Part 18 of the Civil Proceedure Rules 1998

We hereby request the following:

1) Please provide any and all documentation you have in your possession in respect of Claim Number xxxxxxxx, Barclays Bank PLC v Viano, including but not limited to copies of the Claim Form, Particulars of Claim and Defence:

We also enclose herewith a Form of Consent in order that we can obtain information and documentation from Xxxxxx County Court in respect of the Claim with the Claim Number xxxxxxxx the subject of which, you assert, is the Account which is the subject of these proceedings. This will assist us in reviewing the claim in the light of your correspondence.

We should be grateful if you could return to us the requested documentation and the Form of Consent within 14 days.

Yours faithfully.

I have to have some sort of defence in soon, with all this paperwork flying about I will miss the dead line. What do I do......Please.

Your guidance on the above correspondence will be gratefully received.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Bump