**DISCONTINUED** CCJ from Wright Hassall on behalf of Cabot

[Amethyst]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hiya xxx

Okay so basically your fathers court date is the 28th of Sept and before the 14th Sept parties need to exchange witness statements. You needn't do anything for the moment - the hearing fee is for the other side to pay.

You just need to wait and see if any documents are sent by the claimant. If they aren't before the beginning of September you can start putting together your witness statement, which will basically say you've asked for info and they have failed to provide anything.

Did you write asking for details of that July payment in the end ?

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Good morning Pos,,

Ok standard court directions.

At least there is time to construct a comprehensive witness statement.
Is it your intention because of your fathers ill health to ask the court to deal with the case in his absence?

nem

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hi [MENTION=6]Amethyst[/MENTION],

Ok Understood. I did not send that letter to Mortimer asking for that July Payment details. Should I?

Best Regards,
P0sitive

- - - Updated - - -

Hello [MENTION=55034]nemesis45[/MENTION],

Yes it is my intention to ask the Court that I shall be dealing with this. How should I go about this?

Best Regards,
P0sitive

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw and @MIKE770,

How are you?

I wanted to start preparing something for my father as the date is soon coming now for him to appear in Court. What should I prepare? Comprehensive Witness Statement? Is there any particular format or example of this I should follow?

Please help

Pos1tive

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw and @MIKE770,

I trust you are all well.


The time has come for me to prepare the witness Statement for my Father.


Do I simply use my Original Witness Statement and add to this the additions which happened after submitting that?


I recall in an earlier message from [MENTION=6]Amethyst[/MENTION], I need to submit this by 14th September. Do I do this via Email or Letter and whom to the Court?


Many Thanks,


Pos1tive

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw and @MIKE770,

I trust you are all well.


The time has come for me to prepare the witness Statement for my Father.


Do I simply use my Original Witness Statement and add to this the additions which happened after submitting that?


I recall in an earlier message from [MENTION=6]Amethyst[/MENTION], I need to submit this by 14th September. Do I do this via Email or Letter and whom to the Court?


Many Thanks,


Pos1tive

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw and @MIKE770,

I trust you are all well.


The time has come for me to prepare the witness Statement for my Father.


Do I simply use my Original Witness Statement and add to this the additions which happened after submitting that?


I recall in an earlier message from @Amethyst, I need to submit this by 14th September. Do I do this via Email or Letter and whom to the Court?


Many Thanks,


Pos1tive

Good morning Positive.

Yes you can update the original add in any recent correspondence as exhibits.

Personally I would use signed for post as you will be submitting exhibits with the WS., a paper trail and proof of posting and receipt is much safer.

nem

You send a copy to the court and the claimants solicitors.

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Morning @nemesis45,

Ok Nem, Thanks for the advice, I will shortly upload my Witness Statement here for some feedback.


I intend to get it out to the court before 14th September but what I want to know is given my father has to appear in Court on the 28th Sept, will he still need to or this will leave sufficient time for the Court to advise him if he still has to or not?


Best Regards,


Pos1tive

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

:thumb:

Morning @nemesis45,

Ok Nem, Thanks for the advice, I will shortly upload my Witness Statement here for some feedback.


I intend to get it out to the court before 14th September but what I want to know is given my father has to appear in Court on the 28th Sept, will he still need to or this will leave sufficient time for the Court to advise him if he still has to or not?


Best Regards,


Pos1tive

:thumb::thumb::thumb:

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw @MIKE770 @Amethyst,

I have started preparing My New Witness Statement and am to add to my Earlier Statement Submitted in March 2016 adding what has subsequently happened since (Also need to add the Exhibits).

This was my Original Witness Statement sent via Email to ccbcdefendants@hmcts.gsi.gov.uk on 9^th March

1. I, the Defendant have received the claim XXXXXXXX from the Northampton County Court on 13th February 2016.

2. Each and every allegation in the Claimants Particulars of Claim is denied unless specifically admitted in this Defence. I require the Claimant to prove each and every allegation as pleaded in its Particulars of Claim.

3. This claim appears to be for debts arising from Consumer Credit Act 1974 agreements. It is claimed the claimant is an Assignee of a debt with Capital One.

4. It is denied that the Defendant entered into a contract with Capital One. For the avoidance of doubt the Defendant puts the Claimant to strict proof of its allegations and requires the Claimant to produce the aforesaid agreement / contract which the Defendant is alleged to have agreed. The Defendant avers that the Claimants claim as pleaded is incapable of proof.

5. The Claimants Particulars of Claim fail to state when the agreement was entered into.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant if an agreement existed.

7. On 23rd February 2016, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Wright Hassall Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

8. Wright Hassall Solicitors has not sent any of these documents to the Defendant.

9. On 23rd February 2016, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s 78 (1)] Consumer Credit Act 1974 and by virtue of [s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

11. I requested an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.

12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
13.1 request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

The events since the above Witness Statement was submitted are as follows:

1. Letter Received Dated 5^th May from Wright Hassall Solicitors stating:

“We act for the Claimant in the above matter and are in receipt of your Defence.

We do not accept your Defence and we have written to the Court to inform them that we require this matter to progress to a final hearing.

By way of further information on this matter, from the information provided to us by our Client this claim relates to your Capital One Credit Card, account number: XXXXXXXXXXXXXXXX, which you took out on XX Dec 2006. You made a final payment on XX Jul 2015. The outstanding balance of this claim is £XXX.XX.”

The Claimant has not provided proof of this Payment, by way of Date, how it was paid, where it was paid, and who paid it.

“Our Client, Cabot Financial (UK) Limited purchased your debt on XX Sept 2015 by way of legal assignment. This gives them the legal right to demand payment and, as has become necessary, instigate legal proceedings.”

I have not received a Notice of Assignment

“On XX Feb 2016, and as stated in paragraph 7 of your Defence, you made a request for sight of the Credit Card Agreement ("the Agreement") and the Notice of Assignment ("Notice"), pursuant to CPR 31.14. Please note that as the matter will be allocated to the Small Claims Track, CPR 31 does not apply pursuant to CPR 27.2. ”

I believe until this is allocated to SCT, technically CPR 31 is applicable.

“We also note that on XX Feb 2016 you made a formal Section 78 Consumer Credit Act 1974 request to our Client for sight of the Agreement. Once our Client confirms receipt of the same to us, we will forward copies of the documents requested as soon as they are provided to us. ”

Unless Wright Hassall they comply with the CCA request, they are barred from enforcing the alleged debt.

2. Letter Received Dated 14 May 2016 Titled “General Form of Judgment or Order” (In the County Court Business Centre)

Stating

“IT IS ORDERED THAT

2) The Defendant must file the Directions Questionnaire with the CCBC on or before 7 days from service of this Order with County Court Business Centre (CCBC) via post at St Katharine's House, 21 — 27 St Katharine's Street, Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at ccbcaq(ciihnicts.gsi.gov.uk. If the Defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the Court and, subject to the Claimant having complied with this order, the Claimant will be at liberty to enter judgment.

You can download a Directions Questionnaire from www.justice.gov.uldforms. For claims up to £10,000.00 please download form N180. For claims over £10,000.00 please download form N181.

`This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure rules Part 3.

This notice is served pursuant to paragraph 26.3(7A)(a) & (b) of Part 26 of the Civil Procedure Rules. The parties have the right to apply to have the Order set aside, varied or stayed."

I did not receive any such form. On the 20 May 2016, I spoke to the Court and was advised to fill in a Directions Form (N180).

3. On 22^nd May 2016, I emailed the County Court Business Centre a Directions Form.

4. Letter Received Dated 20 May 2016 from Wright Hassall Solicitors stating:

“Please find enclosed the Claimant’s Directions Questionnaire further to the Court’s Notice of Proposed Allocation to the Small Claims Track”

5. On 31^st May 2016 , I received an Email Titled “Mediation Appointment Offer (PM) (No Telephone Number)- Case Number: XXXXXXXX”

My answer to the Question proposed “"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

Is NO. As I have not received any of the Information that I have requested. There is no sufficient data prior to the mediation stage to judge the merits of mediation.

6. On 6^th June 2016, I received an Email from Mediation Services stating:

“Thank you for your email.

If you do not have enough information from the other party, mediation cannot be arranged and the case will instead be transferred to a local court to proceed. Once the case has been transferred you will be notified in writing and that court will contact you with further directions.

In the interim you can try to contact the other party directly to request the information that you require. If the Judge at the local court maintains that the case is suitable for mediation, and you receive the information you require, please contact us again and we will try to arrange an appointment.

If you require any further information please contact us at the below details.

Regards"

7. Letter Received Dated 7 June 2016 Titled “Notice of Transfer of Proceedings” (In the County Court Business Centre)

Stating

"To all parties

The Small Claims Mediation Team has arranged for your case to be transferred. If you have arranged mediation please continue to follow all instructions received as the appointment will still take place. If you have not been advised of an appointment, the team have unfortunately been unable to arrange mediation at this time. This claim has been transferred to the County Court Hearing Centre listed below for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation.

If you would like any further information you can contact the local County Court Hearing Centre directly but please await the Judge's directions.”

8. Letter Received Dated 6 July 2016 Titled “General Form of Judgement or Order” (In the County Court at Kingston-upon-Thames).

Please can someone help me word the events and how best to place these in my Original Witness Statement.

Any Help is appreciated.

Many Thanks,

Pos1tive

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello Pos, responding to your PM.

I 'll try to some how fit the new data into the ws or add it as an amendment .

I will be out for the next couple of hours and will do this as soon as I get back.

nem

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello [MENTION=55034]nemesis45[/MENTION],

That will be really appreciated, Many Thanks.

Pos

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw @MIKE770 @Amethyst,

I have started preparing My New Witness Statement and am to add to my Earlier Statement Submitted in March 2016 adding what has subsequently happened since (Also need to add the Exhibits).

This was my Original Witness Statement sent via Email to ccbcdefendants@hmcts.gsi.gov.uk on 9^th March

1. I, the Defendant have received the claim XXXXXXXX from the Northampton County Court on 13th February 2016.

2. Each and every allegation in the Claimants Particulars of Claim is denied unless specifically admitted in this Defence. I require the Claimant to prove each and every allegation as pleaded in its Particulars of Claim.

3. This claim appears to be for debts arising from Consumer Credit Act 1974 agreements. It is claimed the claimant is an Assignee of a debt with Capital One.

4. It is denied that the Defendant entered into a contract with Capital One. For the avoidance of doubt the Defendant puts the Claimant to strict proof of its allegations and requires the Claimant to produce the aforesaid agreement / contract which the Defendant is alleged to have agreed. The Defendant avers that the Claimants claim as pleaded is incapable of proof.

5. The Claimants Particulars of Claim fail to state when the agreement was entered into.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant if an agreement existed.

7. On 23rd February 2016, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Wright Hassall Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

8. Wright Hassall Solicitors has not sent any of these documents to the Defendant.

9. On 23rd February 2016, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s 78 (1)] Consumer Credit Act 1974 and by virtue of [s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

11. I requested an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.

12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
13.1 request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

The events since the above Witness Statement was submitted are as follows:

1. Letter Received Dated 5^th May from Wright Hassall Solicitors stating:

“We act for the Claimant in the above matter and are in receipt of your Defence.

We do not accept your Defence and we have written to the Court to inform them that we require this matter to progress to a final hearing.

By way of further information on this matter, from the information provided to us by our Client this claim relates to your Capital One Credit Card, account number: XXXXXXXXXXXXXXXX, which you took out on XX Dec 2006. You made a final payment on XX Jul 2015. The outstanding balance of this claim is £XXX.XX.”

The Claimant has not provided proof of this Payment, by way of Date, how it was paid, where it was paid, and who paid it.

“Our Client, Cabot Financial (UK) Limited purchased your debt on XX Sept 2015 by way of legal assignment. This gives them the legal right to demand payment and, as has become necessary, instigate legal proceedings.”

I have not received a Notice of Assignment

“On XX Feb 2016, and as stated in paragraph 7 of your Defence, you made a request for sight of the Credit Card Agreement ("the Agreement") and the Notice of Assignment ("Notice"), pursuant to CPR 31.14. Please note that as the matter will be allocated to the Small Claims Track, CPR 31 does not apply pursuant to CPR 27.2. ”

I believe until this is allocated to SCT, technically CPR 31 is applicable.

“We also note that on XX Feb 2016 you made a formal Section 78 Consumer Credit Act 1974 request to our Client for sight of the Agreement. Once our Client confirms receipt of the same to us, we will forward copies of the documents requested as soon as they are provided to us. ”

Unless Wright Hassall they comply with the CCA request, they are barred from enforcing the alleged debt.

2. Letter Received Dated 14 May 2016 Titled “General Form of Judgment or Order” (In the County Court Business Centre)

Stating

“IT IS ORDERED THAT

2) The Defendant must file the Directions Questionnaire with the CCBC on or before 7 days from service of this Order with County Court Business Centre (CCBC) via post at St Katharine's House, 21 — 27 St Katharine's Street, Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at ccbcaq(ciihnicts.gsi.gov.uk. If the Defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the Court and, subject to the Claimant having complied with this order, the Claimant will be at liberty to enter judgment.

You can download a Directions Questionnaire from www.justice.gov.uldforms. For claims up to £10,000.00 please download form N180. For claims over £10,000.00 please download form N181.

`This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure rules Part 3.

This notice is served pursuant to paragraph 26.3(7A)(a) & (b) of Part 26 of the Civil Procedure Rules. The parties have the right to apply to have the Order set aside, varied or stayed."

I did not receive any such form. On the 20 May 2016, I spoke to the Court and was advised to fill in a Directions Form (N180).

3. On 22^nd May 2016, I emailed the County Court Business Centre a Directions Form.

4. Letter Received Dated 20 May 2016 from Wright Hassall Solicitors stating:

“Please find enclosed the Claimant’s Directions Questionnaire further to the Court’s Notice of Proposed Allocation to the Small Claims Track”

5. On 31^st May 2016 , I received an Email Titled “Mediation Appointment Offer (PM) (No Telephone Number)- Case Number: XXXXXXXX”

My answer to the Question proposed “"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

Is NO. As I have not received any of the Information that I have requested. There is no sufficient data prior to the mediation stage to judge the merits of mediation.

6. On 6^th June 2016, I received an Email from Mediation Services stating:

“Thank you for your email.

If you do not have enough information from the other party, mediation cannot be arranged and the case will instead be transferred to a local court to proceed. Once the case has been transferred you will be notified in writing and that court will contact you with further directions.

In the interim you can try to contact the other party directly to request the information that you require. If the Judge at the local court maintains that the case is suitable for mediation, and you receive the information you require, please contact us again and we will try to arrange an appointment.

If you require any further information please contact us at the below details.

Regards"

7. Letter Received Dated 7 June 2016 Titled “Notice of Transfer of Proceedings” (In the County Court Business Centre)

Stating

"To all parties

The Small Claims Mediation Team has arranged for your case to be transferred. If you have arranged mediation please continue to follow all instructions received as the appointment will still take place. If you have not been advised of an appointment, the team have unfortunately been unable to arrange mediation at this time. This claim has been transferred to the County Court Hearing Centre listed below for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation.

If you would like any further information you can contact the local County Court Hearing Centre directly but please await the Judge's directions.”

8. Letter Received Dated 6 July 2016 Titled “General Form of Judgement or Order” (In the County Court at Kingston-upon-Thames).

Please can someone help me word the events and how best to place these in my Original Witness Statement.

Any Help is appreciated.

Many Thanks,

Pos1tive

I think this is best added at the end of the original WS

1. I your name make these additional statements in support of my defence in this matter.

2. On the 15th. May 2016 I received a letter from Weight Hassel stating that they (Wright Hassle ) did not accept my defence ( Exhibit xx)

Pos if you can layout some more of the points in this just as I have done here I'll be back in a short time it's manic here.

nem

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw @MIKE770 @Amethyst,

Please can you review My additional statements with respect to the Claim. Please can you advise if any additional Statements should be added at the End to emphasise throwing this out of Court basically? All your help is greatly appreciated.

1. I XXXXX XXXXX make these additional statements in support of my defence in this matter.

2. On 7^th May 2016, I received a letter from Wright Hassall Solicitors stating they do not accept my defence (Exhibit 1).

3. Exhibit 1 States:

“By way of further information on this matter, from the information provided to us by our Client this claim relates to your Capital One Credit Card, account number: XXXXXXXXXXXXXXXX, which you took out on XX Dec 2006. You made a final payment on XX Jul 2015. The outstanding balance of this claim is £XXX.XX.”

This is denied until proven. The Claimant has not provided proof of this Payment, by way of Date, how it was paid, where it was paid, and who paid it.

4. Exhibit 1 States:

“Our Client, Cabot Financial (UK) Limited purchased your debt on XX Sept 2015 by way of legal assignment. This gives them the legal right to demand payment and, as has become necessary, instigate legal proceedings.”

I have not received a Notice of Assignment to date.

5. Exhibit 1 States:

“On XX Feb 2016, and as stated in paragraph 7 of your Defence, you made a request for sight of the Credit Card Agreement ("the Agreement") and the Notice of Assignment ("Notice"), pursuant to CPR 31.14. Please note that as the matter will be allocated to the Small Claims Track, CPR 31 does not apply pursuant to CPR 27.2. ”

I believe until this is allocated to SCT, technically CPR 31 is applicable.

6. Exhibit 1 States:

“We also note that on XX Feb 2016 you made a formal Section 78 Consumer Credit Act 1974 request to our Client for sight of the Agreement. Once our Client confirms receipt of the same to us, we will forward copies of the documents requested as soon as they are provided to us. ”

From my understanding unless Wright Hassall Solicitors comply with the CCA request, they are barred from enforcing the alleged debt.

7. On 17^th May I received a Letter Titled “General Form of Judgment or Order” In the County Court Business Centre (Exhibit 2)

8. Exhibit 2 States:

“The Defendant must file the Directions Questionnaire with the CCBC on or before 7 days from service of this Order with County Court Business Centre (CCBC) via post at St Katharine's House, 21 — 27 St Katharine's Street, Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at ccbcaqciihnicts.gsi.gov.uk. If the Defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the Court and, subject to the Claimant having complied with this order, the Claimant will be at liberty to enter judgment.

You can download a Directions Questionnaire from www.justice.gov.uldforms. For claims up to £10,000.00 please download form N180. For claims over £10,000.00 please download form N181.”

I did not receive any such form prior to this.

9. On the 20 May 2016, I called the Court and was advised to download and fill in a Directions Form (N180).

10. On 22nd May 2016, I emailed the County Court Business Centre a Directions Form (Exhibit 3).

11. On 23^rd May 2016, I received a letter from Wright Hassall Solicitors enclosing the Claimant’s Directions Questionnaire further to the Court’s Notice of Proposed Allocation to the Small Claims Track” (Exhibit 4).

12. On 31st May 2016 , I received an Email Titled “Mediation Appointment Offer (PM) (No Telephone Number)- Case Number: XXXXXXXX”. (Exhibit 5).

13. With respect to the Statement on Exhibit 5:

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

My Answer is No, as I have not received any of the Information that I have requested. There is no sufficient data prior to the mediation stage to judge the merits of mediation.

14. On 2^nd June, I replied via email to the Mediation Appointment Offer: (Exhibit 6)

“I have not received any documents requested from Cabot and Wright Hassall Solicitors and therefore am unable to enter into mediation.”

15. On 6th June 2016, I received an email from Mediation Services advising if you do not have enough information from the other party, mediation cannot be arranged. (Exhibit 7)

16. On 8^th June I received a letter Titled “Notice of Transfer of Proceedings” In the County Court Business Centre (Exhibit 8) advising The Small Claims Mediation Team has arranged for your case to be transferred.

17. On 8^th July 2016 I received a letter Titled “General Form of Judgement or Order” In the County Court at Kingston-upon-Thames. (Exhibit 9)

18. To Re-iterate On 23rd February 2016, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Wright Hassall Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment. (Exhibit 10)

19. Wright Hassall Solicitors has not sent any of these documents to the Defendant with respect to Exhibit 10.

20. To Re-iterate On 23rd February 2016, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee. (Exhibit 11)

21. The Claimant has failed to comply with [s 78 (1)] Consumer Credit Act 1974 and by virtue of [s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

Thanks ALL
Pos1tive

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45 @Kati @charitynjw @MIKE770 @Amethyst,

Please can you review My additional statements with respect to the Claim. Please can you advise if any additional Statements should be added at the End to emphasise throwing this out of Court basically? All your help is greatly appreciated.

1. I XXXXX XXXXX make these additional statements in support of my defence in this matter, given that the claimants and their solicitors have not co-operated in regard to my requests for inspection of documents made via CCA 1974 or CPR 31.14
I respectfully ask that the following is admitted.

2. On 7^th May 2016, I received a letter from Wright Hassall Solicitors stating they do not accept my defence (Exhibit 1).

3. Exhibit 1 States:

“By way of further information on this matter, from the information provided to us by our Client this claim relates to your Capital One Credit Card, account number: XXXXXXXXXXXXXXXX, which you took out on XX Dec 2006. You made a final payment on XX Jul 2015. The outstanding balance of this claim is £XXX.XX.”

This is denied until proven. The Claimant has not provided proof of this Payment, by way of Date, how it was paid, where it was paid, and who paid it.

4. Exhibit 1 States:

“Our Client, Cabot Financial (UK) Limited purchased your debt on XX Sept 2015 by way of legal assignment. This gives them the legal right to demand payment and, as has become necessary, instigate legal proceedings.”

I have not received a Notice of Assignment to date.

5. Exhibit 1 States:

“On XX Feb 2016, and as stated in paragraph 7 of your Defence, you made a request for sight of the Credit Card Agreement ("the Agreement") and the Notice of Assignment ("Notice"), pursuant to CPR 31.14. Please note that as the matter will be allocated to the Small Claims Track, CPR 31 does not apply pursuant to CPR 27.2. ”

I believe until this is allocated to SCT, technically CPR 31 is applicable.

6. Exhibit 1 States:

“We also note that on XX Feb 2016 you made a formal Section 78 Consumer Credit Act 1974 request to our Client for sight of the Agreement. Once our Client confirms receipt of the same to us, we will forward copies of the documents requested as soon as they are provided to us. ”

From my understanding unless Wright Hassall Solicitors comply with the CCA request, they are barred from enforcing the alleged debt.

7. On 17^th May I received a Letter Titled “General Form of Judgment or Order” In the County Court Business Centre (Exhibit 2)

8. Exhibit 2 States:

“The Defendant must file the Directions Questionnaire with the CCBC on or before 7 days from service of this Order with County Court Business Centre (CCBC) via post at St Katharine's House, 21 — 27 St Katharine's Street, Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at ccbcaqciihnicts.gsi.gov.uk. If the Defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the Court and, subject to the Claimant having complied with this order, the Claimant will be at liberty to enter judgment.

You can download a Directions Questionnaire from www.justice.gov.uldforms. For claims up to £10,000.00 please download form N180. For claims over £10,000.00 please download form N181.”

I did not receive any such form prior to this.

9. On the 20 May 2016, I called the Court and was advised to download and fill in a Directions Form (N180).

10. On 22nd May 2016, I emailed the County Court Business Centre a Directions Form (Exhibit 3).

11. On 23^rd May 2016, I received a letter from Wright Hassall Solicitors enclosing the Claimant’s Directions Questionnaire further to the Court’s Notice of Proposed Allocation to the Small Claims Track” (Exhibit 4).

12. On 31st May 2016 , I received an Email Titled “Mediation Appointment Offer (PM) (No Telephone Number)- Case Number: XXXXXXXX”. (Exhibit 5).

13. With respect to the Statement on Exhibit 5:

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

My Answer is No, as I have not received any of the Information that I have requested. There is no sufficient data prior to the mediation stage to judge the merits of mediation.

14. On 2^nd June, I replied via email to the Mediation Appointment Offer: (Exhibit 6)

“I have not received any documents requested from Cabot and Wright Hassall Solicitors and therefore am unable to enter into mediation.”

15. On 6th June 2016, I received an email from Mediation Services advising if you do not have enough information from the other party, mediation cannot be arranged. (Exhibit 7)

16. On 8^th June I received a letter Titled “Notice of Transfer of Proceedings” In the County Court Business Centre (Exhibit 8) advising The Small Claims Mediation Team has arranged for your case to be transferred.

17. On 8^th July 2016 I received a letter Titled “General Form of Judgement or Order” In the County Court at Kingston-upon-Thames. (Exhibit 9)

18. To Re-iterate On 23rd February 2016, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Wright Hassall Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment. (Exhibit 10)

19. Wright Hassall Solicitors has not sent any of these documents to the Defendant with respect to Exhibit 10.

20. To Re-iterate On 23rd February 2016, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee. (Exhibit 11)

21. The Claimant has failed to comply with [s 78 (1)] Consumer Credit Act 1974 and by virtue of [s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

Thanks ALL
Pos1tive

OK POs I've added to para 1 seeking that this submission be admitted .

Apart from that addition the " story" is all send a copy to the court and the sols short covering letter is all that's needed.

nem