Wright Hassall/Cabot - WON! (claimant discontinued claim)

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Hi there Amethyst, I have today received a Proposed Allocation to the Small Claims Track from the court in reference to the above. It seems to be an offer of mediation without a formal court hearing... From my perspective mediation is not an option. Cabot have failed to provide any documentation that I have asked them for within the required time frame of the CCA request. If possible could you please provide an opinion as to what you think my options are?

Thanks.

[Amethyst]

Re: Hi All - Newbie Onboard - Advice Needed Please

Okay that sounds like the directions off the back of '' I received a letter today from Wright Hassall advising me that their client still intends to pursue the claim but they need more time to get the docs and they have instructed the court and I should receive further direction from the court directly ''

What does it actually say and are there any timescales ? Do you need to complete the form and return? Is it N150?

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Hi, it's an N180 which I have complete and return by the 28th of March to say whether I agree with the referral to the Small Claims Track or not.

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Apologies, the notice is an N149A and the form I need to complete is the N180.

[Amethyst]

Re: Hi All - Newbie Onboard - Advice Needed Please

Okay, it's nothing special to you (hope you're not disappointed lol) - once you've sent back the N180 then it will be moved to your local court and the judge will decide what if anything needs doing about wright hassall asking for more time to find documents. So Mediation probably NO as pointless without documents. Rest is self explanatory really, YES to Small Claims, your local county court, NO expert evidence, NO fee as you're defendant not claimant.


Just remind me sorry, did you submit anything to the court since acknowledging ? Ah it's okay yes you sent the CCA non compliance defence to the court dind't you ''I made a schoolboy error of not taking a copy of my defence statement, but I didn't go into specifics. I purely disputed knowledge, and responsibility for the debt and that I have requested the CCA. '' - well get the N180 sent in and we'll see what Judgey comes back with next xx

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Great, thanks again. I'll get it off to them straight away.

[Amethyst]

Re: Hi All - Newbie Onboard - Advice Needed Please

I'll move your thread down to the ' Received a Court Claim' section so I don't lose you.

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Hi Amethyst, I've submitted the N180 to the court; however I haven't served Cabot with a copy as stated as it required my signature which I don't want falling into the hands of Cabot. I have also received today their copy in which they have said yes to mediation and they are happy to come to my local court. For completeness they have attached a letter urging me to make settlement before any hearing takes place.

Given that they still appear to be unable to produce the CCA, and they have said No to the use of written evidence I wonder if they are just hanging in there for me to lose my nerve. Also, and I know you can only provide an opinion but do you think I'll be obliged to answer any other line of questioning in the absence of a signed CCA? Also, am I in breach by not serving Cabot with a copy?

[Amethyst]

Re: Hi All - Newbie Onboard - Advice Needed Please

Ok. As the loan is from 2004/2005 then they must supply copies of the ORIGINAL properly executed agreement under the Consumer Credit Act else they cannot enforce it in court.

If they have sent you nothing at all you should be okay. Once you get a court date then you could enter a Witness Statement / Skeleton Arguments on the CCA points.

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Ok, many thanks. I'll just be glad to get it over with. I'll keep you posted with my progress.

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Quick update:

Nothing too exciting to report... Papers received for a hearing at my local County Court for July, interestingly the papers state that claimant has to pay costs up front in advance (something like 5 weeks prior) and if they don't the hearing/summons will be stayed. Still no CCA, and no further contact from Right Hustle/Hassle.

Will provide an update from the hearing, if it goes ahead.

Kind regards,

LegalPrey?

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Spoke too soon, today received a letter from Wright Hassall today making me a 'generous' offer to reduce the figure to £1000; however the offer is 'only' available until the 19th of June. Am I not within my rights to be getting annoyed now that the have blatantly ignored my request for true copies of a CCA for this alleged debt against me? I am continuing to refuse mediation, and I should tell you where they can stick their reduced offer but I won't because I'm a gent...

Is it the case that I just need to sit tight and wait to go to court? It's probably no coincidence that the closing date for their generous offer coincides with the date that they have to submit their costs to the court!

[LegalPrey?]

Re: Hi All - Newbie Onboard - Advice Needed Please

Well Amethyst, I received a letter last week from Wright Hassall stating that their client (although I believe that they are one and the same) no longer wishes to pursue 'for commercial reasons'... Also received confirmation from the court yesterday that the listing has listing has been vacated.

Thanks for your posts, they've been most helpful.

Regards,

LegalPrey?

[Amethyst]

Re: Hi All - Newbie Onboard - Advice Needed Please

Marvellous, well done xx

Commercial reasons my backside.

Have amended your title to something more appropriate