**DISCONTINUED** - Annie62 v CABOT

[nemesis45]

Re: Annie62 v CABOT

It is a simple request asking the court to strike out the claim because the claimant has failed to comply with the
time scale to file documents also you (the defendant ) believe the claimant has had sufficient time to provide documents
and file them with the court.

Application for Strike Out:

Defendant .......................................

Claimant.......................................... ....

Claim Number.......................................

1. I ............................................ the defendant a Litigant in Person respectfully request that this claim be struck out.

2. The claimant has failed to comply with a Request for Documents made under sections 77/78 of CCA 1974. the alleged debt is
currently unenforceable.

3. The defendant avers that the claimant has had more than adequate time to produce the documents it intends to rely upon and to file the information with the court.

Signed....................... dated................................: Defendant....................................:

nem

[annie62]

Re: Annie62 v CABOT

Thanks Nem just cant believe they have been given so much time to just mess around in all of this and to still at this moment in time have filed nothing. I hate to think what would happen if that was me taking all this time I just don't think they would have let me. Thank you for the help can just fill in now and I have to fill in a ex160 ?so I don,t have to pay a fee as im on pension and pension credits .
Anne:tinysmile_aha_t:

[annie62]

Re: Annie62 v CABOT

Hi all can I get any urgent advice please after all I have done in this case and having filed for the case to be struck out for cabots non compliance I,ve just been told that it is still going to trial on the 17th of this month .What a load of crap this justice system is any advice PLEASE PLEASE

[FlamingParrot]

Re: Annie62 v CABOT

Hi all can I get any urgent advice please after all I have done in this case and having filed for the case to be struck out for cabots non compliance I,ve just been told that it is still going to trial on the 17th of this month .What a load of crap this justice system is any advice PLEASE PLEASE

I realise you must be disappointed because the court rejected your application to strike out, however, there's no reason to panic. I can see above that your defence was based upon the debt being statute barred. That is the best defence there is and you are not relying on documents supplied by them to establish that fact. Neither the credit agreement, nor the notice of assignment or default notice which are the documents that can be requested under s.77/79 of the CCA and CPR 31.14 would be of much help when the debt is SB as that takes precedence over any other potential issues such as a improperly executed agreement or a defective default notice. :thumb: Furthermore, with a SBd defence, the onus is on the claimant to show it is not. :thumb: :thumb:

The court is supposed to give directions under CPR 27.4(3)(a)(i) (assuming this is a claim under £10k, I've not read the full thread) to disclose documents they intend to rely on at the hearing.

(a) ‘standard directions’ means –

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

With regards to the strike out, it is a last resort and only granted in cases where there isn't an alternative remedy to the abuse of process or breach of a court order. Strike out applications have been successful when the claimant does not respond to a defence and the case is stayed, to avoid indefinite stays on cases that are not likely to proceed, or when the court has ordered the claimant to disclose documents and they failed to do so, however, this doesn't seem to be the case here. From what I've read above, Cabot's non-compliance refers to a request under CPR Part 31 rather than a court order. Once the claim is allocated to the small claims track, Part 31 of the CPR does not apply, the court won't strike out on the basis of non-compliance with something that's no longer applicable.

[annie62]

Re: Annie62 v CABOT

:badidea: WELL WELL WELL I just cant believe that I received a notice from wright Hassall solicitors acting for cabot financial that they have discontinued the case they said they had against me after they have kept this going since November last year and the case in court next week I am so happy they have fallen flat on there faces. I have a good mind to ask for compensation for all stress they have put me through.

[pt2537]

Re: Annie62 v CABOT

:badidea: WELL WELL WELL I just cant believe that I received a notice from wright Hassall solicitors acting for cabot financial that they have discontinued the case they said they had against me after they have kept this going since November last year and the case in court next week I am so happy they have fallen flat on there faces. I have a good mind to ask for compensation for all stress they have put me through.

Well done, im pleased you got the right result, you do need to make sure they have lodged that with the Court too though just to be safe.

[Kati]

Re: Annie62 v CABOT

:badidea: WELL WELL WELL I just cant believe that I received a notice from wright Hassall solicitors acting for cabot financial that they have discontinued the case they said they had against me after they have kept this going since November last year and the case in court next week I am so happy they have fallen flat on there faces. I have a good mind to ask for compensation for all stress they have put me through.

Congratulations any chance you can post up a copy of the letter?? K xx

- - - Updated - - -

And well done @nemesis45 for helping xx

[FlamingParrot]

Re: Annie62 v CABOT

:badidea: WELL WELL WELL I just cant believe that I received a notice from wright Hassall solicitors acting for cabot financial that they have discontinued the case they said they had against me after they have kept this going since November last year and the case in court next week I am so happy they have fallen flat on there faces. I have a good mind to ask for compensation for all stress they have put me through.

WELL DONE! :whoo: :whoo: :whoo:

They finally realised they didn't have a leg to stand on! :cheer2: They couldn't have saved everyone involved a lot of time and trouble by not going as far as this. :mmph:

[nemesis45]

Re: Annie62 v CABOT

:badidea: WELL WELL WELL I just cant believe that I received a notice from wright Hassall solicitors acting for cabot financial that they have discontinued the case they said they had against me after they have kept this going since November last year and the case in court next week I am so happy they have fallen flat on there faces. I have a good mind to ask for compensation for all stress they have put me through.

Fantastic well done!!

[annie62]

Re: Annie62 v CABOT

I would just like to thank everyone for there help and support in this I couldn,t have done it with out you guys . And Nem a big thank you to you .:first::first:

[debs65]

Re: **DISCONTINUED** - Annie62 v CABOT

Great news Annie! Well done to all from LB who have helped you xx

[annie62]

Re: **DISCONTINUED** - Annie62 v CABOT

Thank you thank you thank you every one for all your help so so happy xxx