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

[Pos1tive]

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

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

My father recalls no such payment and has no proof of such so this is unusual. I think this is a trap tactic. They do advise a date but not an amount. I am going to draft a letter to Wrigthall and Post it up here for feedback shortly.

Many Thanks all again,
Pos1tive

[MIKE770]

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

Ask how paid , by whom, account taken from & when ? = Positive proof

[Pos1tive]

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

Hi Hello @nemesis45 @Kati and @charitynjw,

I am preparing the letter to send to Wright Hassall on behalf of my father.

Please can you give me feedback on the following:
--------------------------------------------------------------------------------------------------------------------------------
With regard to a letter I have received from yourselves on 7th May 2016, Dated “5 May 2016”, I would like to put forward the following questions and concerns with reference to the contents of the letter:

1. “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.”

As stated in my defence – Paragraph 2. And 4:

“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.”

“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.”

I require Proof of any such payment made by myself on XX Jul 2015. With regard to this payment, I require all information associated to it, such as Receipt of Payment, Method of Payment, Time and Location and any other details regarding this alleged Payment.

2. “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.

3. “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 this matter is allocated to SCT, technically CPR 31 is applicable.

I re-iterate Paragraph 7. Through Paragraph 11. stated in my defence:

“7. On 23^rd 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 23^rd 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.”

4. 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.

I enclose Proof of this request to Cabot Financial (UK) Limited. This was sent on 22nd February by way of recorded delivery and confirmed was received.

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

@charitynjw, you mentioned http://www.legislation.gov.uk/ukpga/1974/39/section/78 here, but what should I state here - or should I send them a copy of this?

I request a reply to this letter within 7 Days. I shall also be getting in touch with the courts with my concerns and how you are handling this case.
--------------------------------------------------------------------------------------------------------------------------------
Also should I contact the court about anything?

Look forward to hearing your advice Legal Beagles Community

[Pos1tive]

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

Hello @nemesis45 @Kati and @charitynjw,

Can any of you give me feedback on the letter I propose to send mentioned on my last post?

Many Thanks

Pos1tive

[Pos1tive]

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

Hello @nemesis45 @Kati [MENTION=3599]MIKE770[/MENTION] and @charitynjw,

Can any of you give me feedback on the letter I propose to send mentioned on my last post?

Many Thanks

Pos1tive

[Kati]

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

It looks OK to me Pos ... although you should wait for [MENTION=55034]nemesis45[/MENTION] and [MENTION=5553]charitynjw[/MENTION] to comment too xx

[Pos1tive]

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

Thanks [MENTION=49370]Kati[/MENTION], want to post it soon as really, to stay ahead of them.

[charitynjw]

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

Thanks [MENTION=49370]Kati[/MENTION]

Hi [MENTION=69182]Pos1tive[/MENTION]

IMHO

If it were me, I would not chase or mention the CCA letter or the NoA.

While they are non-compliant with the CCA, they cannot enforce the agreement.

If an NoA has not yet been sent, or if a defective NoA has been sent, it might prompt them to rectify the situation.
A good notice will remedy a bad one; why do their job for them?

On the other hand, I would respond re the CPR letter.
If the case has not yet been allocated to SCT, CPR 27 doesn't apply yet.

[nemesis45]

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

Hi Hello @nemesis45 @Kati and @charitynjw,

I am preparing the letter to send to Wright Hassall on behalf of my father.

Please can you give me feedback on the following:
--------------------------------------------------------------------------------------------------------------------------------
With regard to a letter I have received from yourselves on 7th May 2016, Dated “5 May 2016”, I would like to put forward the following questions and concerns with reference to the contents of the letter:

1. “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.”

As stated in my defence – Paragraph 2. And 4:

“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.”

“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.”

I require Proof of any such payment made by myself on XX Jul 2015. With regard to this payment, I require all information associated to it, such as Receipt of Payment, Method of Payment, Time and Location and any other details regarding this alleged Payment.

2. “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.

3. “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 this matter is allocated to SCT, technically CPR 31 is applicable.

I re-iterate Paragraph 7. Through Paragraph 11. stated in my defence:

“7. On 23^rd 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 23^rd 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.”

4. 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.

I enclose Proof of this request to Cabot Financial (UK) Limited. This was sent on 22nd February by way of recorded delivery and confirmed was received.

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

@charitynjw, you mentioned http://www.legislation.gov.uk/ukpga/1974/39/section/78 here, but what should I state here - or should I send them a copy of this?

I request a reply to this letter within 7 Days. I shall also be getting in touch with the courts with my concerns and how you are handling this case.
--------------------------------------------------------------------------------------------------------------------------------
Also should I contact the court about anything?

Look forward to hearing your advice Legal Beagles Community

Ok, just tidy up a little so all comments about a subject e.g. CCA request are made in chronological order.

For some unknown reason I can't open Charity's link.

nem

- - - Updated - - -

Hi Hello @nemesis45 @Kati and @charitynjw,

I am preparing the letter to send to Wright Hassall on behalf of my father.

Please can you give me feedback on the following:
--------------------------------------------------------------------------------------------------------------------------------
With regard to a letter I have received from yourselves on 7th May 2016, Dated “5 May 2016”, I would like to put forward the following questions and concerns with reference to the contents of the letter:

1. “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.”

As stated in my defence – Paragraph 2. And 4:

“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.”

“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.”

I require Proof of any such payment made by myself on XX Jul 2015. With regard to this payment, I require all information associated to it, such as Receipt of Payment, Method of Payment, Time and Location and any other details regarding this alleged Payment.

2. “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.

3. “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 this matter is allocated to SCT, technically CPR 31 is applicable.

I re-iterate Paragraph 7. Through Paragraph 11. stated in my defence:

“7. On 23^rd 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 23^rd 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.”

4. 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.

I enclose Proof of this request to Cabot Financial (UK) Limited. This was sent on 22nd February by way of recorded delivery and confirmed was received.

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

@charitynjw, you mentioned http://www.legislation.gov.uk/ukpga/1974/39/section/78 here, but what should I state here - or should I send them a copy of this?

I request a reply to this letter within 7 Days. I shall also be getting in touch with the courts with my concerns and how you are handling this case.
--------------------------------------------------------------------------------------------------------------------------------
Also should I contact the court about anything?

Look forward to hearing your advice Legal Beagles Community

Ok, just tidy up a little so all comments about a subject e.g. CCA request are made in chronological order.

For some unknown reason I can't open Charity's link.

nem

[Pos1tive]

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

Hello @nemesis45 @Kati and @charitynjw,


Many thanks for your suggestions. I have not sent a letter to Wright Hassall Solicitors as yet. But will do based on the comments you kindly have given.


Today my father has received an unusual letter from the court stating:

"CABOT FINANCIAL (UK) LIMITED 1st Claimant Ref XXXXXXX
XXXXXX XXXXXX 1st Defendant Ref

Before a Court Officer sitting at the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH.

The Claimant and Defendant, you have been sent Notice N1A9A, B or C which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in Form N149.

IT IS ORDERED THAT

1) The Claimant 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 ccbcaqahmcts.gsi.gov.uk If the Claimant does not comply with this order their claim will automatically be struck out without further order of the Court.

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."

In this event, what should I do?

1. Still write a letter to Wright Hall Solicitors?
2. How do I respond to the court regarding the above stated in the letter they sent my father?

To re-iterate the court letter states:

The Claimant and Defendant, you have been sent Notice N1A9A, B or C which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in Form N149.

But he has not received this at all? Seems unfair.

[Pos1tive]

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

Hello @nemesis45 @Kati and @charitynjw,

Can any of you help with my last comment - really be appreciated. As the Letter from the court is Dated 16th July and received 19th July and states something like response required within 7 days of issue. Assuming by Monday then

Really be appreciated.

[nemesis45]

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

Hello @nemesis45 @Kati and @charitynjw,


Many thanks for your suggestions. I have not sent a letter to Wright Hassall Solicitors as yet. But will do based on the comments you kindly have given.


Today my father has received an unusual letter from the court stating:

"CABOT FINANCIAL (UK) LIMITED 1st Claimant Ref XXXXXXX
XXXXXX XXXXXX 1st Defendant Ref

Before a Court Officer sitting at the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH.

The Claimant and Defendant, you have been sent Notice N1A9A, B or C which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in Form N149.

IT IS ORDERED THAT

1) The Claimant 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 ccbcaqahmcts.gsi.gov.uk If the Claimant does not comply with this order their claim will automatically be struck out without further order of the Court.

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."

In this event, what should I do?

1. Still write a letter to Wright Hall Solicitors?
2. How do I respond to the court regarding the above stated in the letter they sent my father?

To re-iterate the court letter states:

The Claimant and Defendant, you have been sent Notice N1A9A, B or C which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in Form N149.

But he has not received this at all? Seems unfair.

Pos, you need to phone the court tomorrow morning and tell them you have not had the form.
nem

[Pos1tive]

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

Hi @nemesis45,


So I just spoke to a very unhelpful person at the court. They said that my father was sent a letter which he did not receive, hence they mention:


The Claimant and Defendant, you have been sent Notice N1A9A, B or C which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in Form N149.


Now my father has to fill in the N181 Form, which is a Directions Form? It seems the Claimant wants to proceed. I am confused as to why if they have not responded to CCA and CPR Request. I will fill in the form:

Is anyone aware how to fill this form in?


http://hmctsformfinder.justice.gov.u.../FormFinder.do
> Search N180

I will have to fill this form in now, but what should I do about Wrighthall Solicitors? Still send them a letter?

Any advice would be appreciated.

Best Regards,
Pos1tive :colbert: and Confused

[nemesis45]

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

Carboot and it's various "tame solicitors" will/are pushing hard on these claims when the know full well they can't enforce them in court, the idea is to frighten people into paying up when they have no idea if the debt is actually enforceable.

We are seeing a decent number of claim being discontinued when pressure is put on claimants to prove the debt is enforceable.
Don't give in!!

nem

[Pos1tive]

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

Thanks @nemesis45,

You are right, I had the same impression. All communication from Wrighthall Solicitors suggests that this will be put through Small Claims or something, without actually addressing any of the facts I stated in my Defence.

I will fill out the N180 Directions Form, and will write a letter to Wrighthall Solicitors. Has anyone filled one of these forms in? its not that straight forward and the unhelpful person at the Court suggested seek legal advice - really?

Will keep all posted.