Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

[FlamingParrot]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

I'd say slim to none , Jeremy sutcliffe dropped it as he couldn't find it .

is it true once a court claim is filed the 6 year rule no longer applies ?? .

It is, issuing a claim resets the clock.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

That's not good , I was hoping to get my credit rating back up , what's a typical percentage of loan you can get away with repaying the dca's

[FlamingParrot]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

That's not good , I was hoping to get my credit rating back up , what's a typical percentage of loan you can get away with repaying the dca's

It resets the clock in terms of limitation period, not credit defaults. The default will still drop off 6 years after it was registered, unless you ended up with a CCJ. I don't know the full history of this but you've got a letter from them admitting it's UNENFORCEABLE so I can't see how they could win this one. :noidea:

There's no hard-and-fast rule regarding how much they accept. One way of avoiding a CCJ is via a Tomlin Order, however, this should only be considered if you are not going to win and it doesn't sound like it in your case. :thumb:

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Thanks for the reply ,30/07/2010 was the original default , so I may as well just stick it out to see what happens.

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

When did you last actually acknowledge the account? This has nothing to do with the default date registered with the CRAs.

The issuing of a claim doesn’t so much reset the clock as stop it. If you lose and get a CCJ, that will show for six more years. If you defend successfully, any further claim (if allowed) would have to be brought within the original six year limitation period.

Some history of the account might be useful as well. Any PPI? It doesn’t look as if Cabot have issued to stop the SB clock from what you’ve told us, but if they had, and had issued a claim with a statement of case they had sworn to be true without the actual knowledge, there’s case law says you could challenge the issuing of the claim. Issuing just to stop the SB clock when not in possession of the facts is frowned upon by courts.

However, as mentioned, with a default registered about four years ago, this is not a likely scenario. If anything, this shows that sometimes it’s worth being bold and getting a case struck out, rather than letting it be stayed, when it’s clear the claimant has no proof.

How were you advised that the second claim would not be struck out? What did the court send you? Seems odd, given that it looks to be a clear and provable case of abuse of process.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

This is what I recieved from Northampton



there was no ppi on the credit card , i just couldn't keep up with the payments due to the good old CSA

[FlamingParrot]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

This is what I recieved from Northampton

there was no ppi on the credit card , i just couldn't keep up with the payments due to the good old CSA

What you received is just a generic court letter saying the case is being transferred to your local court (Northampton is just the bulk processing centre for money claims). From posts above, it looks like you've already had your N181 (directions questionnaire) so you will receive the court's directions shortly. There's no action required on your part at this stage.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Ah ok , yes I completed the n181 directions , sorry for the confusion , I thought it had been passed to my local court to set a hearing date .

[FlamingParrot]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Ah ok , yes I completed the n181 directions , sorry for the confusion , I thought it had been passed to my local court to set a hearing date .

Yes, that's pretty much what the letter says, only they have yet to inform you of the date, it could well be several months away.

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

So did you put an application in on an N244 for strike out for abuse of process? That is just a generic direction, not a judgment on an application.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

So did you put an application in on an N244 for strike out for abuse of process? That is just a generic direction, not a judgment on an application.

All I did was follow the advise of amethyst on page 2 of the thread .

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

OK. As far as I can see, the court has not yet dealt with any abuse of process issue.

It’s a sad fact that courts tend only to actually deal with matters raised when they’re on an N244 with the appropriate fee. You are now in a position where you have agreed to a fast track trial in what should really be a simple strike out case, IMO.

I’m not sure what you can do to bring this to the court’s attention – it really is something you need to deal with asap. Otherwise costs can mount up in a fast track trial.

Does anyone know if it’s possible to issue an N244 for strike out as an abuse of process at this stage? Looking back, WH were rather disingenuous asking you to produce evidence of a court order on a stayed claim – there’s no such thing to say the claim is stayed. Do you have the notice from the court that your defence had been received? You gave them a claim number – it’s up to them to go back to their client and the OC and find out what happened.

I’m also puzzled as to why the line about your defence was struck through in the court’s allocation notice.

This is all very puzzling!

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

You think your puzzled , this is way above my skill set lol

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

i did call the court to enquire about the stay on the original claim , she did say I needed to reply to the n181 so it could be struck out , which of course I did .

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Morning, yep it's being transferred to your local court so he can issue directions off the back of your letter, his directions might simply be to submit a formal application.

Don't really understand why it hasn't yet been accepted this is a duplicate claim arrghhhhhhhhhh, the court have both claim numbers ffs, both for the same amount - it is purely because the particulars of claim are so lacking there's really no way of telling what the debt is ( from their end).

Anyway, see what the judge comes back with


[MENTION=17806]Don Quixote[/MENTION] ; the court sends the same allocation document to the claimant and the defendent and just strikes through the bit that doesn't apply to the defendant.... stupid was of doing it if you ask me as it does always cause confusion.