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

[Don Quixote]

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

That’s great, hits the button – there’s a couple of bits that may be worth adding, relating to reference to the timescales given by the court in the original order (ie. the abuse of process issue they want a delay for was set to be dealt with anyway AFTER they’d complied with the first part of the draft, so let’s demolish that point), and the prejudice to you (under treating customers fairly legislation). I tend to take a line-by-line refutation of their application as essential – refute every point then add extras. Also worth pointing out the lateness of their application in relation to the first deadline – it’s absurd that they can’t get their pleadings right!

Back later with some suggestions. Just a few tweaks, I think.

[pt2537]

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

Sorry, im on hols at the minute so didnt have tome to fully read the thread.

Why have they applied? is it because they were under an unless order? or some other order of the court? If so then id oppose their application

How much is the claimed sum in the claim form? as we may be able to throw in Rule 31 to the mixer and of course expandable v rubin too for good measure.

[Amethyst]

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

[Diggs]

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

The judge gave them an order to supply information
the costs

[pt2537]

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

sorry am i reading this right? the matter is being dealt with under other proceedings? if so, then this claim just becomes an abuse of the process and should be dismissed without further action.

[Diggs]

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

That's what I put in my directions on the N181 and it was sent to fast track

[mystery1]

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

First of all, i'd be quoting the original claim number to the court and asking for the latest update as you've lost track and it was ages ago. Email or letter. That way you'll get it in writing. Then perhaps ask for a copy of the claim form. This does 2 things. 1. You have evidence for the dickheads who apparently cannot contact the court themselves. 2. it gives you more ammunition for an opposition to any current claim, including the relief from sanctions application.

Perhaps give Wright Hassall the claim number and invite them to ask the court themselves.

That is the crux of the matter in all honesty. The matter should not be allowed anywhere near a courtroom.

I'd probably let the court deal with the relief from sanctions on it's own. The trial date, not that i see one, is not in jeopardy so relief should probably be granted and opposition to it could only cost you money if you lose.

M1

[Diggs]

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

I sent a copy of the original case to Wright hassle along with a copy of the letter from Cabot stating they could not supply a cca and this was unenforceable

the original , for some reason I can't log into that claim

[pt2537]

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

WTF if thats the case, there is clear case law that litigating a second claim on the facts of a claim which is still live amounts to an abuse of process. if the first claim is live i would make an immediate application to the Court to strike out the Claim ( the second one) on the basis its an abuse

[Amethyst]

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

Did you send it to Wright Hassall when you sent them Sutcliffe's letters?

[pt2537]

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

Did you send it to Wright Hassall when you sent them Sutcliffe's letters?

I think theres a danger of giving them too much info and time to allow them to manoeuvre themselves into a better position. Id be careful how you play this, seen far to many times that people have been too helpful for their own good. I prefer to win anyway i can

[Amethyst]

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

Diggs, are the account numbers the same ? I don't think you need much more evidence than that. Can we not just include both these copies in with the WS for opposing their application ?

[/QUOTE]

and

[Amethyst]

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

WTF if thats the case, there is clear case law that litigating a second claim on the facts of a claim which is still live amounts to an abuse of process. if the first claim is live i would make an immediate application to the Court to strike out the Claim ( the second one) on the basis its an abuse

The court confirmed it was stayed when Diggs asked them to send evidence of that on 2nd Feb

I have just talked to the court and asked for a copy of the first case being stayed , she said it was only system generated as geremy sutcliffe never replied , and there is nothing she can send with that information on .

[Amethyst]

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

These were the last last letters I recieved before it was handed over to Cabot

Those were sent to Wright Hassall who replied that they couldn't accept that as evidence.

And no Paul Windle isn't a solicitor

[Diggs]

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

Did you send it to Wright Hassall when you sent them Sutcliffe's letters?

No , I sent it to them a couple of days ago , I'm sure I sent them the claim number though , I'll have to check my email .