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

[Don Quixote]

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


@Don Quixote ; 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.

Thanks Amethyst. Do you think there’s any value in an application on an N244, or in writing again to the claimant to tell them they’re wasting their time? WH can’t say they haven’t been informed, and to plough on without checking with their client would be grossly negligent, IMO. Up to them to check with the OC once notified of the duplicate claim, I would imagine.

My main concern is that it’s now fast track, where costs can rack up.

[Amethyst]

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

Indeed. Diggs, I'm sure we wrote to the court and they came back and said it was different claimants so not the same claim but I can't see it on your thread ?

[Don Quixote]

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

I think the big problem here is that the original claim was not ruled on, but just left stayed. As mentioned earlier, it’s often worth forcing issues to judgment or strike out when the oppo can’t deliver the evidence.

[Diggs]

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

Indeed. Diggs, I'm sure we wrote to the court and they came back and said it was different claimants so not the same claim but I can't see it on your thread ?

I called the court to ask for a copy of the the stay for the original claim , I was told there was nothing to send me , I can't get back into the original claim which is a shame .
i did ask about 2 claims for the same debt but was told they can't give legal advice , but my local court can , well I called them and was told they were talking rubbish .

[Don Quixote]

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

One quick thought re the amount being claimed. It seems to include a lot of interest, but the PoC is not clear. Practice direction 26.8.2(b) says that the court should disregard any claim for interest in deciding the track (ie. fast track may not be appropriate). What was the assigned amount? Have you had statements showing if Cabot have added any interest to the account since assignment?

[Diggs]

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

No Cabot did not add interest to the claim .the assigned debt was £12492.97

[Diggs]

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

This came from the court today

[Amethyst]

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

Well, not entirely what we wanted but still a very good order... and the timescales are quite tight. I think it's a positive.

[Don Quixote]

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

Actually that is a good order, because they do have to produce the documents. Excellent. Hopefully they’ll fall down on that before any abuse of process becomes an issue.

[Diggs]

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

I'm happy with that , fingers crossed ��

[Diggs]

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

Wright hassle must have read the letter from the court , they left a message to call me back lol

[Don Quixote]

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

They’re working against the clock – tell them you would prefer all comms via post or email so you have an audit trail. They know what they have to do, so don’t go out of your way to be helpful.

[Diggs]

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

They have my email so if it's that import they should be using that , I don't answer withheld numbers anyway , and I'm reluctant to talk to them by phone as in my experience these people try to intimidate you .

[Diggs]

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

Got this email today , is it really up to me to supply them with evidence , or is it a reasonable request .

Cabot Financial UK Limited – v – Xxxxx
Claim Number A0

We continue to act for the Claimant in the above matter.

We are in receipt of your Directions Questionnaire wherein you reiterate that this cause of action is currently in a state of stay under claim number 1XXxxxxx

In the interest of proportionality, please provide us with the Claim form and a Court Order to evidence this. If you do not have these documents you may request copies from court. We have requested that our Client query the existence of these documents yet if you are able to evidence these documents this will provide an answer much more quickly which will help this matter to be conducted as swiftly and cost effectively as possible.

For clarity, you will be required to disclose these documents in the event that a final hearing becomes necessary.

In the meantime, we have applied for an extension to the court Order dated 23 February to enable us to resolve this issue. Please find attached a copy of this application for your information.

Yours faithfully

Litigation Team
Debt Recovery (Litigation) Team

T: 01926 758018
E: defended.team@wrighthassall.co.uk
www.wrighthassall.co.uk
@Wrighthassall

[Don Quixote]

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

Interesting.

The first thing I note is that they have applied for an extension to the court order. This is very sneaky, in my view.

There is really no need for this, as the order demands that they first of all disclose other documents vital to their claim. The issue of abuse of process does not affect the need for them to do that. I say this because YOUR part in proceedings (ie. the abuse of process issue) is listed on the order to be addressed AFTER they provide those documents. The court has dealt with the partial defence you have issued, and there is no need for an extension. Just read the order – it is very clear who does what and when.

You don’t want an extension, because if they don’t comply with the first parts of the order, the case can be struck out! So I would strongly recommend you OPPOSE their request for an extension – hopefully others can add their opinion.

What reasons did they give for wanting an extension in the application?

As we’ve mentioned, there is no court order in a stayed claim – they are being somewhat disingenuous in asking for one. They should revert to their client and the original creditor for details of the claim, if you have provided a reference.

You need to contact the court and oppose this extension.