Claim discontinued, Cabot now claiming.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi Ame,

Will do, and am aware, many thanks.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi, it's me again.

I have an Allocation questionnaire to fill in, I'd appreciate some help please. It has to be filed by the 22nd (Friday).

I know it's a vague request but I'm all at sea with this.

Thanks in advance.

V

[Amethyst]

Re: Claim discontinued, Cabot now claiming.

What documents do you still need ?
Whats the dispute at the moment ?

(other than the reissue on the discontinued claim which I doubt will have any legs as many have done it before - it may be since the discontinuance the law has been clarified in a few respects with regards copy documents and so on)

Unless there is a major dispute or something which makes the agreement iredeemably unenforceable (which is unlikely being a credit card agreement) then think seriously about whether you want to fight this or sort out payments. Then we can gear the AQ in that direction.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Hi Ame,

1) I have had no documents from them. In response to my CPR 31.14 for document 'alluded' to in the very vague PoC's they (Morgans) replied '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 simple allusion in any event. It goes on to say "Not withstanding 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 of your Credit Agreement and on assignment the Assignor retains certain documentation 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 provide you with a copy of the Deed of Assignment in due course, once it has been retrieved from our own archive fscility.

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'

2) The dispute is the re-issuance-the Order simply says @The claim be discontinued.

3) Has the Discontinuance law been clarified? They gave, on paper, no reason to discontinue.

4) The "Agreement" is/was unreadable, no prescribed terms, T's & C's on a separate page not related to the agreement

5) We fight!

I hope that helps

V
------------------------------- merged -------------------------------
I must add that the Default Notice was invalid.

V
------------------------------- merged -------------------------------
Also I sent Morgan et al a copy of the Discontinuance Order (with the Court stamp on it) and have yet have a reply.

V

[GuidoT]

Re: Claim discontinued, Cabot now claiming.

Part 38.7 of the CPRs:

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.

http://www.justice.gov.uk/civil/proc...8.htm#IDAEHOVB

[Viano]

Re: Claim discontinued, Cabot now claiming.

Thanks Guido,

But what I'm looking for is help to fill in the N150 and include that, and other pertinent information vis abuse of process.

These are the questions I need help with:-

N150

Part A 1) Given that the rules require you to try to the claim before the hearing, do you want to attempt to settle ta this stage Y/N

2) IF Yes, do you want a one month stay Y/N

3) Would you like the court to arrange a mediation appointment Y/N

4) If you answered 'No' to question 1, please state below the reasons why you consider it inappropriate to try to settle this claim at this stage.

Part F-Proposed directions

Have you attached a list of directions you think appropriate for the management of this claim Y/N

If Yes, have they been agreed with the other party(ies) Y/N

Part I Other information.

Have you attached documents to this questionnaire Y/N

Have you sent these documents to the other part(ies) Y/N

If Yes, when did they receive them

Do you intend to make any applications in the immediate future Y/N

In the space below, set out any other information you consider will help the judge to manage the claim.

Given that this case has previously been discontinued, how do I make this clear (politely) to the judge in the statement.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Bump

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Update.

I have just spoken to the court. Case stayed. The Claimant has not responded to the defence or the AQ.

What now?

V

[pt2537]

Re: Claim discontinued, Cabot now claiming.

they need leave of the court to bring this claim

If they havent applied and obtained leave then the matter is an abuse of the process and needs to be struck out immediately, key moment in the case, the matter is stayed now, so you have a prime moment

If the defence you filed isnt up to much, then you can use this to also amend your defence if unsuccessful in striking out


The thing is of course, there can be no room for error, we are off to the court of appeal with a case where an interim app went wrong, the client snatched defeat from the jaws of victory, so be careful

[Viano]

Re: Claim discontinued, Cabot now claiming.

Thanks Paul,

Your guidance would be appreciated.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Update.

Last week I received a 'General Form of Judgment or Order', part of that reads:-

IT IS ORDERED THAT

The Claimant must file the AQ, together with any requested fee with xxxx,xxxx, on or before 11 November 2010. If you do not comply with this notice, your claim will automatically be struck out without further order of the court.

I 'phoned the court today, I was told that because it was through a business centre we should allow 10 days to hear, but, it probably not been received as they had a fee to pay with the AQ and my local court has heard nothing!

A cautious win maybe.

I will 'phone the court early next week for confirmation.

V

[Viano]

Re: Claim discontinued, Cabot now claiming.

Update on the update.

I just 'phoned the court and was told that Cabots claim has been struck out due to non compliance with the order and that I should receive the paperwork to that effect in about 5 days.

Is that an end to it?

V

[The Debt Star]

Re: Claim discontinued, Cabot now claiming.

Don't know but sounds very positive. well done on fighting this and achieving so much. It is heartening to read.

[Viano]

Re: Claim discontinued, Cabot now claiming.

Thanks for your kind words. I'll celebrate when I have the final paperwork.

V

[pt2537]

Re: Claim discontinued, Cabot now claiming.

they can apply to have the order set aside

sorry to put a downer on it, but its a minor failure on Cabots part, so they may overcome it