Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Have they actually discontinued or just said it's back with them? If they haven't discontinued they haven't technically failed with the court case and could apply to lift the stay at some point but you will know that anyway.

Having said that it does sound good news

Well they ran out of time for submitting any evidence to the Court. The only way they could apply to lift the stay would be if they could provide the evidence, which they can't, and then it is still SBed. But I can't allow them to be able to send letter after letter again. Once an SB letter has gone out they are obliged to stop communicating.

[warwick65]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Well they ran out of time for submitting any evidence to the Court. The only way they could apply to lift the stay would be if they could provide the evidence, which they can't, and then it is still SBed. But I can't allow them to be able to send letter after letter again. Once an SB letter has gone out they are obliged to stop communicating.

I am surprised that someone with your expertise in the county court gets this so wrong

From what you say, they did not run out of time to submit evidence - they just did not proceed with the case and it is therefore stayed. I am not sure they need to provide 'the evidence' to lift the stay but it would probably help them if they supplied something

You are asserting it is SB as is your right. I think the FCA rules say if they do not agree it is SB they need to tell you and then they can carry on chasing you.

I still wonder how you can make a reclaim of PPI and that not be seen as acknowledgment of the debt.

From what I read, firms usually discontinue the claim rather than just return it to the creditor- unless this is a new tactic

Whatever the reasons, it seems as if it is a reasonable result and lets hope that is it.

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hi,
Well today my other half got a letter from Cabots saying,

"Welcome Back to Cabots. Your account was with our solicitors but we have decided not to pursue legal action on your account at this time. Your balance still needs to be paid, and we would like to help you to do this by providing you with some options. Monthly plan Discount. We need to hear in the next 30 days."

This, despite our sending them a Statute Barred letter and their having failed with their court case. They are brazen!

Oh, and we think they are back to phoning him several times a day!

Has anybody heard of them doing this before?
FF xx

Have they actually discontinued the case ? If you haven't received anything - other than this letter - it may well be worth your checking with the court on the actual status of the claim so you can work out your next move. If they haven't you might want to reply to them inviting them to discontinue considering their letter, to save the costs of an application to strike.

I'd be concerned otherwise about them picking it up again in the future, possibly after waiting for a couple other cases to go through that have similar issues ( the FCA authorisation issues ) involved.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hi,
Well today my other half got a letter from Cabots saying,

"Welcome Back to Cabots. Your account was with our solicitors but we have decided not to pursue legal action on your account at this time. Your balance still needs to be paid, and we would like to help you to do this by providing you with some options. Monthly plan Discount. We need to hear in the next 30 days."

This, despite our sending them a Statute Barred letter and their having failed with their court case. They are brazen!

Oh, and we think they are back to phoning him several times a day!

Has anybody heard of them doing this before?
FF xx

This tactic used by Cabot some years ago is being revived it seems, statute barred only means unenforceable in court the debt still exists and can be pursued> But write to Cabot confirming that the alleged debt is statute barred and you will not make any payment now or in the future and to continue so to do may amount to harassment. Originally this was part of the old OFT guidance on SB debts and I think was carried on by FCA.

nem

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Okay FCA RULES

CONC 7.15.8R01/04/2014

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

[Note: paragraph 3.15b of DCG]

and Guidance - https://www.handbook.fca.org.uk/hand...ate=2015-10-26

The onus of proof that a debt is not statute barred is on the claimant. Until they do that they should not chase you. Therefore it is for them to say 'no, no you claimed PPI in 2013' or whatever, if they dispute your claim it is statute barred.

This of course depends if the case has been discontinued as the clock stopped on the issue date of the claim, and only restarts if the claim were discontinued.

[Diana M]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

we have decided not to pursue legal action on your account at this time”

. . . . despite our sending them a Statute Barred letter and their having failed with their court case.

Oh, and we think they are back to phoning him several times a day!

That letter doesn’t say that they have discontinued the claim, it says they have decided not to pursue legal action “at this time” (is that the exact wording?) which could mean that they are intending to leave the claim stayed while they search for evidence particularly legal issues surrounding the Statute Barred timeline and your PPI reclaim, and/or the documents they need.

That letter does not say that they accept or acknowledge that the debt is Statute Barred.

In order to discontinue they would need to serve you with a Notice of Discontinuance and then file a copy at court confirming that it has been served on you. From what you say that hasn’t happened (yet) so you still have live legal proceedings to defend if the stay is lifted.

A claim stayed is not a claim failed.

So it may not be wise to send a confrontational letter accusing them of harassment because that may only encourage them to try harder to source the evidence they need. One letter is not harassment in my view.

Could the calls being made several times a day be for another debt? Cabot tend to call (auto dial) frequently when they get a new debt. But if they’re calling about this claim then tell them to stop calling and only correspond with you in writing.

Call the court to check the legal status of the claim.

Di

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

That letter doesn’t say that they have discontinued the claim, it says they have decided not to pursue legal action “at this time” (is that the exact wording?) which could mean that they are intending to leave the claim stayed while they search for evidence particularly legal issues surrounding the Statute Barred timeline and your PPI reclaim, and/or the documents they need.

That letter does not say that they accept or acknowledge that the debt is Statute Barred.

In order to discontinue they would need to serve you with a Notice of Discontinuance and then file a copy at court confirming that it has been served on you. From what you say that hasn’t happened (yet) so you still have live legal proceedings to defend if the stay is lifted.

A claim stayed is not a claim failed.

So it may not be wise to send a confrontational letter accusing them of harassment because that may only encourage them to try harder to source the evidence they need. One letter is not harassment in my view.

Could the calls being made several times a day be for another debt? Cabot tend to call (auto dial) frequently when they get a new debt. But if they’re calling about this claim then tell them to stop calling and only correspond with you in writing.

Call the court to check the legal status of the claim.

Di

Thank you all. No, there are no other debts. The other half will call the Court tomorrow. xx

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

I am surprised that someone with your expertise in the county court gets this so wrong Oh Warwick, do you read back what you write before you send it? This sentence sounds so needlessly .....!

From what you say, they did not run out of time to submit evidence - they did run out of time. They had a Court date by which to reply to my other half's defence. The date went past and they hadn't submitted anything to the Court, so it is stayed. I am not sure they need to provide 'the evidence' to lift the stay but it would probably help them if they supplied something. Well, if they lift the stay and want to proceed they will have to reply to our Defence, and the only reason I can think of for them not proceeding is that Drydens think there is a high probability that they will lose, and end up with a Court Order instructing them to pay the money owed to my other half. In my book, the case being stayed is a 'fail' for Cabot. Cabot also went over the time limit for providing a copy of the credit agreement. And no other docs requested under CPR have been supplied. And then there is the Ombudsman's Ruling and the fact that Cabot is unlicensed.

You are asserting it is SB as is your right. I think the FCA rules say if they do not agree it is SB they need to tell you and then they can carry on chasing you. Thank you for this tip about the FCA. We will write another SB letter to Cabots. Drydens seem to have taken notice of theirs.

I still wonder how you can make a reclaim of PPI and that not be seen as acknowledgment of the debt. Ok, try this - how can it be a debt when the Ombudsman has ruled for repayment to the card holder via a reconstruction of the account, and that reconstruction has resulted in a sum being owed to the card holder, where that sum is greater than the outstanding balance of the alleged debt? So the only debt is owed by Cabot as they insist on saying they bought the account. If you can't get over thinking it's an acknowledgement of the debt, try this. They still come up against the Ombudsman's Ruling with an outstanding balance owed to my other half, so an 'acknowledgement' has the same outcome - money is owed to my other half.

From what I read, firms usually discontinue the claim rather than just return it to the creditor- unless this is a new tactic Maybe just trying to get money from everybody before Xmas.

Whatever the reasons, it seems as if it is a reasonable result and lets hope that is it.

Thank you, I hope so too.

[Diana M]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

The Claimant doesn’t have to file a ‘Reply to Defence’ in the Small Claims Court where this £500 claim is likely to be allocated.

Perhaps you meant that the Claimant has to make an Application to the court to lift the stay when/if they intend to continue with the proceedings?

Di

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

The Claimant doesn’t have to file a ‘Reply to Defence’ in the Small Claims Court where this £500 claim is likely to be allocated.

Perhaps you meant that the Claimant has to make an Application to the court to lift the stay when/if they intend to continue with the proceedings?

Di

No, that's my brain skipping ahead. I didn't mean they had to 'file'. I meant that if the claimants apply to lift the stay and do continue their case they will have to sit in front of a judge and reply/respond (to the Judge) to the points made in the Defence.

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Happy New Year Everybody,

Update: The court previously told my other half to speak to them again in a month's time. He has yet to do that.

He (me) sent off a combined complaint & SB letter to Cabot Europe. Today he received the following from Cabot Europe:-

'We are closing your account.

Thank you for contacting us, after your communication with us we have reviewed your account and have decided to uphold your dispute.

We have made the decision to close your account with us, and you will no longer be contacted about it by us or any other company on our behalf.

We will also, where applicable, be arranging to have the relevant entry deleted from your credit file. This may take up to six weeks to be completed.'

(He doesn't have any negative credit entries.)

Cabot have still been phoning him. I think he may need to write another letter of complaint if that continues.

Otherwise, I think we can call that a WIN. Thank you everybody. I will let you know what the Court say when he phones them.

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

What happened with the Court [MENTION=107312]FaithForever[/MENTION] ?