**DISCONTINUED**Court Claim: Weightmans / Cabot Financial UK

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Today I've received 'Notices of Allocation to the Small Claims Track (Hearing)'.

(1) As attached above, the claimant (Cobat) has confirmed in writing that they are unable to honor my request for documents under CCA.
(2) I've written to there solicitors couple of days ago with the copy of Claimant's letter to discontinue their case in the view of the Claimant's letter. I am waiting for their response now.

The Notice of Allocation says ' the court believes that your case is suitable for mediation'. Also on the leaflet about mediation service attached to this notice says ' If a party unreasonably refuses to mediate, judges have the power to penalise the party refusing in the terms of costs even if that party wins their case (Part 44 CPR)'.

My question is now what should be my next action. The notice has issued a hearing date in November 2015. It has ordered to produced original documents by all parties, and as I wrote the Claimant has confirmed to failed in obtaining these documents already. Should I still be applying for mediation service?

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

Should I send a copy of the above letter from 'Cabot' to the court as well?

No to Cabot's Solicitors.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Should I send a copy of the above letter from 'Cabot' to the court as well?

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

You may be interested to see that Cabot have finally discontinued a claim where they'd also sent a letter in response to the CCA request saying the account was 'currently unenforceable' as they are saying to you: http://www.legalbeagles.info/forums/...735#post569735

All the more reason to ask them to discontinue the claim sooner rather than eight months later. :grin:

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

That's their standard template response to CCA requests they cannot comply with.

In view of the fact they've taken this to court and are proceeding with the claim (as per your previous posts above that mention track allocation), I'd be inclined to be cheeky and write to Weightmans with a copy of that letter, asking them to discontinue their claim in view of the fact their clients are admitting in writing that they are not permitted to obtain a judgment against you in court. That being the case, what the heck are they doing carrying on with this claim when they themselves regard the debt as unenforceable?

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

[Amethyst]

Re: Court Claim: Weightmans / Cabot Financial UK

While they remain in default of your CCA request they are unable to enforce the debt through the court, so no I wouldn't chase them Just complete the N180 and return to the court and cc to the claimant. Presumably your defence raises the issue of their non compliance with the CCA request already ?

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

I've not received the Credit Agreement from the Claimant. In response to my request for CCA, the claimant advised to provide the documents within 40 days from 05/06/2015. It's been over 60 days now. Should I write back again? I've recently received the track assignment questionnaire from court, as well as from the claimant’s solicitors.

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

I've recevied 'Notice of Proposed Allocation to the Small Claims Track'. It says 'service copies on all parties'. Do I need to send a copy of this to Claimant (Cabot) or their solicitors (Weightman LLP). The form got my signatures which I don't wish to forward to the them.

You need to send the form as directed by the court your signature is Not going to be tampered with or misued.

nem

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

I've recevied 'Notice of Proposed Allocation to the Small Claims Track'. It says 'service copies on all parties'. Do I need to send a copy of this to Claimant (Cabot) or their solicitors (Weightman LLP). The form got my signatures which I don't wish to forward to the them.

[pt2537]

Re: Court Claim: Weightmans / Cabot Financial UK

https://consumercreditlitigationandd...bot-financial/

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

You may recall this post from PT, you may want to look at this thread that refers to a similar case where they claimed the defendant had enter into an agreement with Opus: http://www.legalbeagles.info/forums/...highlight=opus

If youve never had an Opus card, and the particulars of claim are incapable of proof then the claim is doomed from the start, id be tempted to put the Claimant to proof and require production of the signed agreement in my pleading along with a clear denial over ever entering into an Opus agreement

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

More an example than a template, this is the generic defence based around not having received documents: http://www.legalbeagles.info/forums/...t-Court-Claims

When I am suppose to submit my defence? My due date is 22nd June 2015. Both CPR and CCA requests has been served and claimaint+his solicitor both require extra time. Should I write to them for extention of time or file my defence stating that no documents were provided.

Thanks in advance.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

CCA Request:
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- - - Updated - - -

I now have all the cards of claimant on the table (I think). What should be my next step as the CPR and CCA requests both require additional time to comply with.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

CCA Request:


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