DISCONTINUED!!! Please HELP!! amateur trying to defend a case against CapitalOne/Cabb

[Kati]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello,

Well today is the 28th day that Weightmans had to reply and they did, with the following:

"We have recieved your defence and can confirm that our client does not acceot such. Accordingly, we have written to the court to request that the matter proceed as defended.

However, our client is hopeful that this matter may be resolved amicably and we invite you to contact our Benjamin Davies to discuss.

Weightmans LLP."

Any help on understanding this and what action i need to take in going forwards would be gratefully recieved.

Have I lost this case now? :tinysmile_hmm_t2:

Thank you in advance

Going back over your thread, have you received anything from the courts after you submitted your defence?

No you haven't lost the case ... if it hasn't been to court yet, then there's still lots of chance for you to win (especially with SB'd) :tinysmile_twink_t2:. With a SB defence, it is up to the claimant to prove that the debt was acknowledged/paid towards within the 6yrs from default (not for you to prove it wasn't). I'd say that it is safe to just ignore this latest letter and await the actual court date ... I'm sure you will get lots of help and advice from the knowledgeable Beagles soon xx

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello!

Thank you so much for your reply!

I received an email after submitting my defence to state that they had received it and that was all.
I did call the court earlier in the week to see if they had received anything from anyone else and they hadn't but I am sure they will have now.

Thanks again

Lauren

[Kati]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Please try not to worry too much ... from what I've read on the other threads the letter you got was a typical template/reply xx

[FlamingParrot]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Well today is the 28th day that Weightmans had to reply and they did, with the following:

"We have recieved your defence and can confirm that our client does not acceot such. Accordingly, we have written to the court to request that the matter proceed as defended.

However, our client is hopeful that this matter may be resolved amicably and we invite you to contact our Benjamin Davies to discuss.

Weightmans LLP."

Any help on understanding this

There's nothing to worry about, it's just part of the process. Upon receipt of your defence, the claimants have to respond to the court within 28 days to say whether they wish to proceed. Contacting the defendant is not a requirement but claimants often take advantage of the opportunity to try and see if they 'bite' so to speak, by contacting them with an offer. :nono: :nono: :nono: As they say, "it's worth a try".

and what action i need to take in going forwards would be gratefully recieved.

No action is required until you hear from the court, you'll receive an N180 small claims directions questionnaire that you'll have to fill in, till now just relax and enjoy what's left of the summer. :ranger:

Have I lost this case now? :tinysmile_hmm_t2:

NO!

:lol:

It's a long way from lost! The court will give directions to provide you with the documents they intend to rely on at least 14 days before the trial, so they'll have to come up with the goods or... we'll be looking at a discontinuance. ray: ray: ray:

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Thank you so much for this!

I really appreciate yours and everyone else's help.

Looks like I will be updating you in a couple of weeks once i have filled the questionnaire out (when i receive it)

Thank you again!

Lauren

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello again.

As predicted by yourselves, I received a letter from the court regarding mediation and a questionnaire. But have now received a letter from weightmans to say that;

"We write in respect of the above mentioned proceedings.
Please find enlisted Notice of Discontinuance filed at court today on behalf of the claimant".

What does this mean please?

Thank you

[MIKE770]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

They have done a runner and gave up, ring the court yourself to confirm

[FlamingParrot]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

As predicted by yourselves, I received a letter from the court regarding mediation and a questionnaire. But have now received a letter from weightmans to say that;

"We write in respect of the above mentioned proceedings.
Please find enlisted Notice of Discontinuance filed at court today on behalf of the claimant".

What does this mean please?

They obviously couldn't come up with the goods and have to give up the ghost. :high5: :high5: :high5:

It means our anthem has to be played yet again!

:clap2: :clap2: :clap2: :clap2: :clap2: :clap2: :clap2: :clap2: :clap2: :clap2:

:clap2::clap2::clap2::clap2::clap2::clap2::clap2:: clap2::clap2::clap2:

[nemesis45]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello again.

As predicted by yourselves, I received a letter from the court regarding mediation and a questionnaire. But have now received a letter from weightmans to say that;

"We write in respect of the above mentioned proceedings.
Please find enlisted Notice of Discontinuance filed at court today on behalf of the claimant".

What does this mean please?

Thank you

Claim gone!!! Well done Lauren!!:tinysmile_twink_t2::tinysmile_twink_t2::t inysmile_twink_t2::tinysmile_twink_t2:
nem

[davethorp]

Re: DISCONTINUED!!! Please HELP!! amateur trying to defend a case against CapitalOne/

I'm guessing Weightmans filed a few notices of discontinuance yesterday. My other half got a similar letter today regarding a claim by Cabot over an old Fashion World account

[laurenosborne1991]

Re: DISCONTINUED!!! Please HELP!! amateur trying to defend a case against CapitalOne/

YESSSSS! Thank you all so much for all of your help, I would never have been able to do that without all of your input! Thank you! I really appreciate it!
Good luck to you all with everything you do! I am absolutely chuffed! Thank you all so much again!

[sunshine_coast23]

Re: DISCONTINUED!!! Please HELP!! amateur trying to defend a case against CapitalOne/

Am I right in assuming that once they have a ccj on you already then you cannot request the original credit agreement prior to a set aside hearing or any other documents cca/cpr requests?

[nemesis45]

Re: DISCONTINUED!!! Please HELP!! amateur trying to defend a case against CapitalOne/

Am I right in assuming that once they have a ccj on you already then you cannot request the original credit agreement prior to a set aside hearing or any other documents cca/cpr requests?

The CCJ supersedes the original agreement, the claimant is under no obligation to supply a copy and most do refuse.
You try but success in the past has been limited.

It is worth trying a CCA request to the original creditor but be aware data is only stored for 6 years after an account is closed.

nem