** DISCONTINUED ** Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

[jon1965]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

I would be reminding them of the FCA rules that say

Failure to comply

CONC 13.1.6
01/04/2014

FCA

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.
(4) The firm should, in any communication or request for payment in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

They should not have even issued the claim let alone be proceeding with it

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Well they are continuing with this and appears to be going to mediation, no idea why - any suggestions people? Surely this cannot go ahead if they have admitted it cannot be enforced?!?!

[Kati]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Well they are continuing with this and appears to be going to mediation, no idea why - any suggestions people? Surely this cannot go ahead if they have admitted it cannot be enforced?!?!

How can you mediate if they have admitted the debt is unenforceable ??
maybe [MENTION=55034]nemesis45[/MENTION] has some advice ??

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

The statement in relation to the non compliance of a CCA Request, i.e. The debt is "Currently" unenforceable, means that temporarily
the claimant cannot provide compliant copy or a reconstituted one of the original agreement, thus the mediation is set up in the hope that when mediation actually takes place it will have the necessary documents to enforce the claim.

If no agreement has been provided by the claimant at the time the mediation is booked the mediator will decline to continue as the debt is still unenforceable.

( it all boils down to the " expectation" that claimant and defendant will resolve the matter in hand without recourse to a court trial.

Always agree to the mediation it can only benefit you as it shows your willingness to resolve outside court.

Hope that helps.

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Yes, I have agreed to the mediation, that's no problem at all, I just don't know what im going to say without sounding gobsmacked in the mediation - Mediation is set for 22nd May - I have yet again wrote to weightmans, with another copy of the cabot letter stating it is unenforceable, in the hope they will actually read it this time.

Exceedingly strange! So, there is no way to just strike this out or stay it? given the admittance of Cabot?

[Kati]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

It'll make Cabot look bad at the very least if they still haven't produced the documents by the mediation date

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

If Cabot/Weightman have not filed the documents with the court
prior to the mediation the debt is still currently unenforceable and
as you don't have the agreement to hand the mediation will not happen.
The claim is automatically stayed if Cabot has not filed in time.

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

If Cabot/Weightman have not filed the documents with the court
prior to the mediation the debt is still currently unenforceable and
as you don't have the agreement to hand the mediation will not happen.
The claim is automatically stayed if Cabot has not filed in time.

What this all means is that Cabot considers that it may at some point in the
future be able to find the agreement and continue the case the time scale
for this is indefinite.

The claim remains stayed until Cabot pays the court fee for the stay to be lifted.

If the claim is stayed for a considerable time you can give Cabot notice that you
intend to apply to the court for the claim to be struck out.

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Well, just had mediation, the claim hasn't been stayed, and they cannot provide any documents which they admitted to the mediator.

I stuck to my guns and said I will happily continue and pay if any documents which I have requested can be provided, the mediator didn't say anything about the claim being automatically stayed, but he did say as its a very small amount of money they probably wont go ahead, given their costs.

I just kept re-iterating how I couldn't get my head around how they can even proceed when thye have just admitted to him they do not have the docs, and I have a letter from Cabot themselves stating the debt is unenforceable.

Any idea what will happen now?

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hi,
The claim will be passed back to your local County Court, which will
most like make a decision on what happens next.
My response in this situation would be a letter by signed for post along
the lines of.

Cabot Financial
HO address.

Date....................................

Sir/Madam,

Re: County Court Claim No................................

Following the mediation appointment in the claim I respectfully suggest that Cabot withdraws its claim in the interest of saving cost and court time as it has no prospect of succeeding in this matter.

Please take note if I do not receive a response to this letter within 7 days of the date here on I will make application to the
court for the claim to be struck out.

I will seek to obtain the cost of this application from Cabot.

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Hey all, the day after mediation I received a very brief letter from Weightmans stating they have discontinued the claim, including a copy that has been sent to the court

Many thanks everyone, another win for the LBs!

[Amethyst]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Congratulations [MENTION=32214]ph123uk[/MENTION] xxxx

[Nomoneynoproblem]

Re: ** DISCONTINUED ** Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Sorry to jump on the bandwagon, I have a similar case with Cabot Financial and are represented by Reestons. I received a letter from the Court in December 2014 stating the Claimant has 28 days to inform the court if they wish to proceed after that period has elaspe the case becomes stayed. Up till today no further correspondence has been received. When do I write to the court to get the case struck out please.

Regards