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

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

This must be the card then, because Citi cards were sold to Opus, I also had one of them. Any idea WHEN in 2009 you stopped making payments? Would it have been in the first few months? Could be very important for statute barred purposes. :thumb:

Last direct debit payment was made on 14th August 2009.

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

Last direct debit payment was made on 14th August 2009.

OK, so forget about SBd.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

What documents did you request on your CPR request letter on paragraphs two and three which were not on the particulars of claim?

Their letter mentions the possibility of you applying for an order to make them disclose the documents, this is an alternative to filing a generic 'received no documents' defence, which may be worth looking into in view of the value of the claim.

Please see the CPR request sent:


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[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

CCA Request:


image hosting websites

[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

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.

[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

[pt2537]

Re: Court Claim: Weightmans / Cabot Financial UK

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

[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.

[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 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.

[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

[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?

[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: