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

[nemesis45]

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

Good Morning Positive.
You have a total of 33 days from the date the claim was issued.

Para 11 is relevant and the claimant has still not produced the agreement.

The interest will be based on a term with in the original agreement.

nem

[Pos1tive]

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

Thank You @nemesis45, but did the Parties agree to an extension, as Wright Hasssall advised on there letter:

(CPR Request from Wright Hassall Solicitors Dated 24th Feb, received 26th Feb)

We note from your letter you are in receipt of a Claim Response Pack, issued to you by the County Court Business Centre. Please be aware, whilst we have requested the relevant documentation for you, if a response to the County Court Claim is not received within the time limits specified, we are instructed to obtain Judgement in Default against you."

Hence I am more concerned to state:"11. The Parties agreed to an extension to the time period allowed..." If this statement id valid or not?

[Kati]

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

Thank You @nemesis45, but did the Parties agree to an extension, as Wright Hasssall advised on there letter:

(CPR Request from Wright Hassall Solicitors Dated 24th Feb, received 26th Feb)

We note from your letter you are in receipt of a Claim Response Pack, issued to you by the County Court Business Centre. Please be aware, whilst we have requested the relevant documentation for you, if a response to the County Court Claim is not received within the time limits specified, we are instructed to obtain Judgement in Default against you."

Hence I am more concerned to state:"11. The Parties agreed to an extension to the time period allowed..." If this statement id valid or not?

you could try "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." :noidea:
[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

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

Thank You @nemesis45, but did the Parties agree to an extension, as Wright Hasssall advised on there letter:

(CPR Request from Wright Hassall Solicitors Dated 24th Feb, received 26th Feb)

We note from your letter you are in receipt of a Claim Response Pack, issued to you by the County Court Business Centre. Please be aware, whilst we have requested the relevant documentation for you, if a response to the County Court Claim is not received within the time limits specified, we are instructed to obtain Judgement in Default against you."

Hence I am more concerned to state:"11. The Parties agreed to an extension to the time period allowed..." If this statement id valid or not?

Did Wright Hassall, send you a letter sayin they have/had agreed to an extension if they did, did you inform the court of the extension? if not the court process continues un hindered.

Did you acknowledge the claim yes? Intention to defend yes?

nem

[Pos1tive]

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

Thank You @Kati
@nemesis45, I did receive a letter from Wright Hassall in reply to my CPR Request from Wright Hassall Solicitors Dated 24th Feb, received 26th Feb.

Typically as expected they write:

"We thank you for your letter dated 19th February 2016.

In relation to your Civil Procedure Rules Part 31.14 request, we note that the value of this claim is less than £10,000.00 and therefore this claim is likely to be allocated to the small claims track. It is therefore likely that CPR r.31.14 will not apply. However, in order to comply with our disclosure obligations as they arise, we have requested copies of the relevant documentation from our client and will forward these documents to you upon receipt. Please note, this can take up to 6-8 weeks if requested from the original vendor which in this case is Capital One Credit Card.

We note from your letter you are in receipt of a Claim Response Pack, issued to you by the County Court Business Centre. Please be aware, whilst we have requested the relevant documentation for you, if a response to the County Court Claim is not received within the time limits specified, we are instructed to obtain Judgement in Default against you."

So based on the above, Wright Hassall have not actually agreed an extension. I did NOT inform the court of the extension? What do you mean by "if not the court process continues un hindered."
I did also Acknowledge the Claim online. I do intend to defend.

As @Amethyst earlier advised, I will be getting my defence over to the court on 10th Feb.

[Kati]

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

Thank You @Kati
@nemesis45, I did receive a letter from Wright Hassall in reply to my CPR Request from Wright Hassall Solicitors Dated 24th Feb, received 26th Feb.

Typically as expected they write:

"We thank you for your letter dated 19th February 2016.

In relation to your Civil Procedure Rules Part 31.14 request, we note that the value of this claim is less than £10,000.00 and therefore this claim is likely to be allocated to the small claims track. It is therefore likely that CPR r.31.14 will not apply. However, in order to comply with our disclosure obligations as they arise, we have requested copies of the relevant documentation from our client and will forward these documents to you upon receipt. Please note, this can take up to 6-8 weeks if requested from the original vendor which in this case is Capital One Credit Card.

We note from your letter you are in receipt of a Claim Response Pack, issued to you by the County Court Business Centre. Please be aware, whilst we have requested the relevant documentation for you, if a response to the County Court Claim is not received within the time limits specified, we are instructed to obtain Judgement in Default against you."

So based on the above, Wright Hassall have not actually agreed an extension. I did NOT inform the court of the extension? What do you mean by "if not the court process continues un hindered."
I did also Acknowledge the Claim online. I do intend to defend.

As @Amethyst earlier advised, I will be getting my defence over to the court on 10th Feb.

[MENTION=55034]nemesis45[/MENTION] ... NO extension was agreed by WH so Pos1tive did not tell the court of one
[MENTION=69182]Pos1tive[/MENTION] ... I believe Nem means you'll need to get your defence in regardless of them sending you the docs or not by the due date (10th March??) :nod:

K xx

[charitynjw]

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

Predictable response there so nothing to worry about. The final paragraph just means to put your defence in before the original deadline. They are not allowing any extension. So you can start putting that together based on http://legalbeagles.info/forums/show...t-Court-Claims ready to send in around 10th March.

####

[Pos1tive]

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

Thanks [MENTION=49370]Kati[/MENTION] and [MENTION=5553]charitynjw[/MENTION] for clarifying.

I think I will get my defence to them tomorrow evening (9th March) being within 28 days from 13th Feb - date on CCJ.

As per point 11. As no extension was given, I will state what [MENTION=49370]Kati[/MENTION] suggested

"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"

Thanks all, will keep you posted

[Pos1tive]

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

Hello All,

I have submitted my defence this evening. Wish me luck. I will keep all posted on Progress. Thanks again

Pos1tive

[nemesis45]

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

Hello All,

I have submitted my defence this evening. Wish me luck. I will keep all posted on Progress. Thanks again

Pos1tive

Well done Positive, good luck.!!
nem

[Pos1tive]

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

Hello [MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION] and [MENTION=5553]charitynjw[/MENTION]

Hope you are all well and enjoying the Sun as I am here in London

I have not heard from the Courts as Such but my Father received a letter from Wright Hassall Solicitors today.

What would you advise to do based on the following Letter received:

Letter Dated: 5^th May, Received 7^th May

"Cabot Financial (UK) Limited v Mr XXXXX XXXXX Claim Number: XXXXXXXX
WRIGHT HASSALL
SOLICITORS

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.

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.

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.

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.

If you would like to discuss this matter please contact us on the information below quoting your reference number at the top of this letter."

It states he made a final Payment on 22nd July 2015, which he has no recollection of, and does not know how that is possible?

I really want to go all the way with these guys, just need some guidance how to tactifully approach this.

Any advice is appreciated

[charitynjw]

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

Hello @nemesis45 @Kati and @charitynjw

Hope you are all well and enjoying the Sun as I am here in London

I have not heard from the Courts as Such but my Father received a letter from Wright Hassall Solicitors today.

What would you advise to do based on the following Letter received:

Letter Dated: 5^th May, Received 7^th May

"Cabot Financial (UK) Limited v Mr XXXXX XXXXX Claim Number: XXXXXXXX
WRIGHT HASSALL
SOLICITORS

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.
I would want proof of the method of payment & by whom it was paid.

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.
Have you 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.
Until it 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 they comply with the CCA request, they are barred from enforcing the alleged debt.
http://www.legislation.gov.uk/ukpga/1974/39/section/78
s78(4a)(6)

If you would like to discuss this matter please contact us on the information below quoting your reference number at the top of this letter."

It states he made a final Payment on 22nd July 2015, which he has no recollection of, and does not know how that is possible?
See above - proof required

I really want to go all the way with these guys, just need some guidance how to tactifully approach this.
Tactfully or tacticfully?

Any advice is appreciated

####

[Pos1tive]

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

Hello [MENTION=5553]charitynjw[/MENTION],

Thank You for replying.

I would want proof of the method of payment & by whom it was paid.
I will ask them for this. Should I ask Wright Hassall

Have you received a Notice of Assignment?
No

Until it is allocated to SCT, technically CPR 31 is applicable.
Ok

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

tacticfully?

[charitynjw]

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

Hello @charitynjw,

Thank You for replying.

I would want proof of the method of payment & by whom it was paid.
I will ask them for this. Should I ask Wright Hassall
I would. I'd give them 7 days to reply, as they have already stated that their client has supplied the information (proof?).

Have you received a Notice of Assignment?
No

Until it is allocated to SCT, technically CPR 31 is applicable.
Ok

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

tacticfully?

####

[nemesis45]

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

Hello Pos,

The alleged payment, what date?
How much?

Do you recall any such payment?

Do you have any method of checking this, e.g. bank statements?

nem