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Claim discontinued, Cabot now claiming.

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  • #16
    Re: Claim discontinued, Cabot now claiming.

    I would ignore letter 1 as it is the bog standard response, letter 2 is a sincere non template response under part 18 trying to sort out the issues so I would reply to that as requested with the correct details. Well as its under Part 18 you should anyway. You can check the procedure and rules of part 18 here >
    Part 18 - Further Information
    Practice Direction 18

    Responding to a Request

    2.1

    A response to a Request must be in writing, dated and signed by the second party or his legal representative.

    2.2

    (1) Where the Request is made in a letter the second party may give his response in a letter or in a formal reply.

    (2) Such a letter should identify itself as a response to the Request and deal with no other matters than the response.


    2.3

    (1) Unless the Request is in the format described in paragraph 1.6(2) and the second party uses the document supplied for the purpose, a response must:
    (a) be headed with the name of the court and the title and number of the claim,

    (b) in its heading identify itself as a response to that Request,

    (c) repeat the text of each separate paragraph of the Request and set out under each paragraph the response to it,

    (d) refer to and have attached to it a copy of any document not already in the possession of the first party which forms part of the response.


    (2) A second or supplementary response to a Request must identify itself as such in its heading.


    2.4

    The second party must when he serves his response on the first party serve on every other party and file with the court a copy of the Request and of his response.



    Statements of Truth

    3

    Attention is drawn to Part 22 and to the definition of a statement of case in Part 2 of the rules; a response should be verified by a statement of truth.

    Last edited by Amethyst; 16th September 2010, 09:25:AM.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Re: Claim discontinued, Cabot now claiming.

      As well as that you need to start on the defence/admission on the case.

      I havent found your CAG thread (I can only search through Google as I'm not a registered user there) so a link would help if possible. Be useful to know more why the claim was discontinued. Optima are, I'm sure you know, quite nifty at CCA issue claims.

      I'm also going to put some quote markers in your previous post just to make it easier to follow for others who might be able to help.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #18
        Re: Claim discontinued, Cabot now claiming.

        Thank Amethyst,

        How do I go about getting an extension to file my defence as I am confused as to what it will be bearing in mind a) I have not as yet been allocate a Court, b) do I defend on the discontinuance, or c) do I defend as per the original Claim from Barclays.

        V

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        • #19
          Re: Claim discontinued, Cabot now claiming.

          What was your original defence ? (remember we have no history of your claim on here at all so I really can;t say whether that defence is currently sound given the developments in CCA case over the last year)
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          • #20
            Re: Claim discontinued, Cabot now claiming.

            Hi Ame,

            Posts crossed.

            In a nutshell unreadable application/agreement, separate T's & C'c, invalid DNs. The papers were then passed to another solicitors who were advised by a barrister at Fountains Court to discontinue.

            The thread OTR is LBA from Optima Legal Services.

            HTH

            V

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            • #21
              Re: Claim discontinued, Cabot now claiming.

              LBA from Optima Leagal Services*WON* DISCONTINUED BY CONSENT***** ?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

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              • #22
                Re: Claim discontinued, Cabot now claiming.

                That's the one!

                V

                Comment


                • #23
                  Re: Claim discontinued, Cabot now claiming.

                  Okay, I have had a quick look, you have posted up the order from the court. We need to see the consent order please, as thats between you and barclays. If barclays have breached the consent order and assigned the debt to cabot against that, then cabot have no cause of action at all.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

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                  • #24
                    Re: Claim discontinued, Cabot now claiming.

                    The wording of the order is in post three.

                    I have sent a copy to Cabot.

                    V

                    Comment


                    • #25
                      Re: Claim discontinued, Cabot now claiming.

                      Okay so thats the entire consent order. mmmm ok. nothing about them not coming back for more or you agreeing not to come back at them.

                      okay, can you find which post on that very long thread on cag the defence is that you entered ? also the CCA ?

                      From the brief read I had it looks as though you argued on legibility points ? There have been courts order claimants to type up the agreement as well as provide the copy due to the legibility of microfiche print outs, and that the legibility refers to all original copies, not secondary ones. But PT will know much more on that obviously.

                      What were the other arguments originally?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #26
                        Re: Claim discontinued, Cabot now claiming.

                        Sorry Ame,

                        I think I misunderstood, I'm now looking for the consent order from the solicitors.

                        I will answer the rest of your questions shortly.

                        V

                        Comment


                        • #27
                          Re: Claim discontinued, Cabot now claiming.

                          Thanks I'm off for a short while but be back later - I should think PT and the other CCA peeps will stick their noses in here for you later too x
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #28
                            Re: Claim discontinued, Cabot now claiming.

                            The Consent Order states:

                            (sic)


                            Upon the consent of the Solicitors for the Claimant and for the Defendant acting in person


                            IT IS HERERBY ORDERED THAT;

                            1. The Claim be discontinued;

                            2. There will be no Order as to costs.

                            Dated this 22nd day of July 2008



                            Matthew Arnold & Baldwin........................................Via no
                            21 Station Road,............................................. ..........xxxxxxx
                            Watford, .................................................. .................xxxxxxx
                            Herts WD17 1HT............................................... .........xxxxxxx


                            Solicitors for the Claimant.......................................... Defendant acting in Person


                            That's it

                            V
                            Last edited by Viano; 16th September 2010, 10:37:AM.

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                            • #29
                              Re: Claim discontinued, Cabot now claiming.

                              Okay well nothing in that preventing them assigning the debt or taking it back to court, but they would need the permission of the court.

                              Originally posted by CPR 38
                              Discontinuance and subsequent proceedings

                              38.7

                              A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
                              (a) he discontinued the claim after the defendant filed a defence; and

                              (b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #30
                                Re: Claim discontinued, Cabot now claiming.

                                Just a point on that, the Claimant is now Cabot. Does that make a difference?.

                                To clarify original claim by Barclays, new claim by Cabot, just a thought.

                                BTW defence OTR page 6, CCA & T's & C's page 2. Unfortunately no post numbers.

                                V

                                Comment

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