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

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

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

[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

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?

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

It is always a good idea to agree to mediation in principle. You'd then receive an email from the mediation service asking you whether you think you have enough information, that's when you can say that you were hoping to have received their evidence by then but you haven't. At that point you can also mention the fact Cabot themselves admit in writing that the account is unenforceable yet they are still moving forward with the claim. Let's see who sounds unreasonable.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

It is always a good idea to agree to mediation in principle. You'd then receive an email from the mediation service asking you whether you think you have enough information, that's when you can say that you were hoping to have received their evidence by then but you haven't. At that point you can also mention the fact Cabot themselves admit in writing that the account is unenforceable yet they are still moving forward with the claim. Let's see who sounds unreasonable.

Just sent an email to mediation service for booking an appointment and further instructions from them. Should I let know the Claimant's solicitors as well?

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

Just sent an email to mediation service for booking an appointment and further instructions from them. Should I let know the Claimant's solicitors as well?

No need for you to do that, the mediation service will contact them.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

No need for you to do that, the mediation service will contact them.

I emailed the mediation team. They said they have made a note of my interest in service, but the service is subject to the availability of an appointment before the hearing date as well as the interest of the other party in mediation.

I wrote to Weightmans LLP nearly 4 weeks ago that their client is unable to honor my CCA request therefore they should consider discontinuing the case. I've not heard back from them as of yet. The hearing date is in first week of November.

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

I emailed the mediation team. They said they have made a note of my interest in service, but the service is subject to the availability of an appointment before the hearing date as well as the interest of the other party in mediation.

I wrote to Weightmans LLP nearly 4 weeks ago that their client is unable to honor my CCA request therefore they should consider discontinuing the case. I've not heard back from them as of yet. The hearing date is in first week of November.

Hi give the court a ring on Monday to see if Cabot has done anything at all just as a precaution.

nem

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

I emailed the mediation team. They said they have made a note of my interest in service, but the service is subject to the availability of an appointment before the hearing date as well as the interest of the other party in mediation.

I wrote to Weightmans LLP nearly 4 weeks ago that their client is unable to honor my CCA request therefore they should consider discontinuing the case. I've not heard back from them as of yet. The hearing date is in first week of November.

The mediation team will want to know if you have enough information to make a decision and whether you are willing to compromise, as the intention is to reach a settlement before the case goes to court. I've not re-read the whole thread but you are saying here that they're still in default of your CCA request, have they sent you anything in response to your CPR request? Otherwise mediation can't really go ahead, and if they've not complied with your CCA request they can't win. :grin:

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Thank you for your time. Yes they have sent me a letter confirming that they are unable to provide me the documents requested under CAA request. They also confirmed that the agreement is currently unenforceable. (This letter is attached on post # 28).
I rang the court today, they told me that they have received the hearing fee from the other side. This fee was paid nearly 10 days after I asked the weightman LLP to discontinue the claim as their client is confirmed that they are unable to produce any documents and the agreement is enforceable.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Called the court today, they have revived the hearing fee from the other party. I am just wondering how they are going to produce the originals on hearing and supply copies to me and the court no later than 14 days from hearing date (as per the directions on the hearing notice) when they are telling me that they are unable to provide anything. (Please see their response to CCA request on post# 28)

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

A lot of posters here have received Cabot's unenforceable letters after being taken to court. Cabot have to rely on the original creditor to supply them with the paperwork, they have no way of knowing whether if will ever be found or not. The OCs are in no hurry to dig up the documents once they've sold the account. Cabot are obviously optimistic about obtaining the paperwork before the hearing. :flypig: :flypig:

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

A lot of posters here have received Cabot's unenforceable letters after being taken to court. Cabot have to rely on the original creditor to supply them with the paperwork, they have no way of knowing whether if will ever be found or not. The OCs are in no hurry to dig up the documents once they've sold the account. Cabot are obviously optimistic about obtaining the paperwork before the hearing. :flypig: :flypig:

Thank you. 2 more questions please,
1) The hearing notice says the copies of documents to rely on must be submitted to the court and other party no longer than 14 days before hearing date, does it mean Cabot have up to 14 days prior to hearing to produce these or they can just turn up on hearing date with any documents?

2) Am I suppose to submit a copy of Cobat's letter stating that they can not provide me the documents as requested in CCA to the court and other party(Weightmans LLP)?

[pt2537]

Re: Court Claim: Weightmans / Cabot Financial UK

Thank you. 2 more questions please,
1) The hearing notice says the copies of documents to rely on must be submitted to the court and other party no longer than 14 days before hearing date, does it mean Cabot have up to 14 days prior to hearing to produce these or they can just turn up on hearing date with any documents?

2) Am I suppose to submit a copy of Cobat's letter stating that they can not provide me the documents as requested in CCA to the court and other party(Weightmans LLP)?

Its a criminal offence to trade in debt collection without the required authorisations, this also provides a complete defence to any claim. One cannot profit from a crime in this country, the court has no power to allow such acts inter alia see the Proceeds of Crime Act

[Nibbler]

Re: Court Claim: Weightmans / Cabot Financial UK

So if the claim was brought under the name of Cabot Financial (UK), whose authorisation had lapsed at the time of issue, and still is, then how can that be used here?