** DISCONTINUED **Cabot Financial/wright hassell solictors v paulfloor

[charitynjw]

Re: Cabot Financial/wright hassell solictors v paulfloor

11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. or The Parties agreed to 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.

I'm not too clear on this.

Update
Got it, just 2 ways of saying pretty much the same thing!

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

I'm not too clear on this.

I had left both sentences in until I had heard back from Wright hassal after sending the cpr chase up letter, from their latest response I'll be opting for the first part in which they declined an extension to the time to submit defence.

Which seems silly seeing as they have already said it will take them between 4-6 weeks to possibly get hold of the information they need to get judgement, surely it's in their interests to go to court with proof of debt? Which would then cut down on wasting court time which would be better all round for everyone involved.

[Amethyst]

Re: Cabot Financial/wright hassell solictors v paulfloor

You'd think so wouldn't you .... :doh:

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Defence Filed and now the waiting game to see what they come up with.

[rainydays20]

Re: Cabot Financial/wright hassell solictors v paulfloor

You'd think so wouldn't you .... :doh:

That is not the way their minds work, they are hoping that as in about 90% of cases they will get a default judgment, I would think that one of LB's objectives is to see that 90% fall significantly.:beagle2222:

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Had the letter back from cabot stating that they do not have the information to comply with the cca request and as such cannot enforce recovery in any form, took them about a month to get a reply to my original letter, will now be playing the waiting game in regards to the ccj proceedings, so hopefully bar them actually getting the required information before the response deadline I will be able to get it set aside.

After all that I think it would be best for me to start discussions about a full and final settlement with cabot directly, but only once they have satisfied the cca request I assume, in regards to a f&f offer I have read through the guidelines and templates so have a good idea how to proceed im thinking unless anybody can think of a reason why I couldnt, id be ok in negotiating with them via recorded letters/emails (so have evidence for my records) and having a friend/family member pay the settlement we agree on via their debit/credit card? I know cheque seems to be the standard method but im not sure I know anyone that has a chequebook! everything is online banking nowadays or would a bankers draft not in my name be ok?

thanks in advance for any responses its been very much appreciated, this forum is a very good source of information with helpful friendly members that can keep you calm in the face of something that could potentially make you very anxious about the process.

[Wingco]

Re: Cabot Financial/wright hassell solictors v paulfloor

Good luck Paul. I sent off for a cheque book the other day as it suddenly seemed like I would need one with my Debt Management Company going under and having to make payments without sufficient bank account details to pay them online. Cheque book arrived - seems very RETRO!!!!!
Wingco

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

Had the letter back from cabot stating that they do not have the information to comply with the cca request and as such cannot enforce recovery in any form, took them about a month to get a reply to my original letter, will now be playing the waiting game in regards to the ccj proceedings, so hopefully bar them actually getting the required information before the response deadline I will be able to get it set aside.

After all that I think it would be best for me to start discussions about a full and final settlement with cabot directly, but only once they have satisfied the cca request I assume, in regards to a f&f offer I have read through the guidelines and templates so have a good idea how to proceed im thinking unless anybody can think of a reason why I couldnt, id be ok in negotiating with them via recorded letters/emails (so have evidence for my records) and having a friend/family member pay the settlement we agree on via their debit/credit card? I know cheque seems to be the standard method but im not sure I know anyone that has a chequebook! everything is online banking nowadays or would a bankers draft not in my name be ok?

thanks in advance for any responses its been very much appreciated, this forum is a very good source of information with helpful friendly members that can keep you calm in the face of something that could potentially make you very anxious about the process.

Is the claim stayed by the court?
Cabot/WH says they cannot enforce recovery in any form why are you now considering payment which will have little or no positive effect on credit files as the entry remains on file for 6 years from the default date after which it is removed paid or not.

nem

You need to check on Tuesday as you are not informed when the court stays a claim because a claimant has not responded to a defence.

Alternatively Cabot / WH may file a notice of discontinuence.

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

in the letter they stated that while they haven't got the information to hand and so can't carry on enforcement at this time they have asked for the information from the original creditor and that it could take 4 weeks to get paperwork, my way of thinking is on the basis that they might still get the cca information but after the ccj action is stayed.

Sorry I think I might not of worded my previous post correctly, my way of thinking is hopefully get the ccj action halted due to lack of evidence then if they get back to me in a month or 2/3 with the cca then I will be in a position to have all relevant information about the situation in full, and start negotiating a f&f with them as it would of restarted 6 year clock and also put them in a stronger position in court if they went for another ccj.

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

in the letter they stated that while they haven't got the information to hand and so can't carry on enforcement at this time they have asked for the information from the original creditor and that it could take 4 weeks to get paperwork, my way of thinking is on the basis that they might still get the cca information but after the ccj action is stayed.

Sorry I think I might not of worded my previous post correctly, my way of thinking is hopefully get the ccj action halted due to lack of evidence then if they get back to me in a month or 2/3 with the cca then I will be in a position to have all relevant information about the situation in full, and start negotiating a f&f with them as it would of restarted 6 year clock and also put them in a stronger position in court if they went for another ccj.

Paul keep a careful watch on the court process Cabot are pulling some underhand tricks, any statements they make re the matter being " on hold" should not be relied upon as unless a formal " extension of time " has been agreed and notified to the court BY YOU, the court process continues un hindered,

Regular checks with the court to check on the status of the claim must be made.

nem

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Will do, from other threads I've read I've seen that there have been warnings about them being 'challenging' during the process.

I've had the court letter stating thank you for my filed defence and it's been logged and now to wait for the response from the other side, I've also been checking mcol every other day so I can reply asap if they respond to my defence but am hopeful that they can't within the timeframe required and then can get the ccj stayed.

The f&f route was what I was planning once hopefully the ccj is stayed and if they come up with the cca, until they provide the cca information I shall be doing nothing

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

Will do, from other threads I've read I've seen that there have been warnings about them being 'challenging' during the process.

I've had the court letter stating thank you for my filed defence and it's been logged and now to wait for the response from the other side, I've also been checking mcol every other day so I can reply asap if they respond to my defence but am hopeful that they can't within the timeframe required and then can get the ccj stayed.

The f&f route was what I was planning once hopefully the ccj is stayed and if they come up with the cca, until they provide the cca information I shall be doing nothing

Please keep us up to date on progress.

nem

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Will do, thanks for your help so far very much appreciated

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Just been having a read up on a few other threads as I like to have an idea of what I should be doing next prior to anything happening one way or the other, from what I can research on the board I can see these scenarios:



[a] if cabot/wh fail to come up with an adequate reply to my defence within the 28 days (by 11/4/16) then I can apply to the court to get the ccj stayed, which would put the ccj on hold until they can come up with the cca information or a certain time period has passed and I can then get the ccj set aside?

[b] they do come back with the cca by the 11/4/16 which gives me the required information so I can make a firm decision on how to proceed ie: admit and pay or continue to defend claim

[c] they write again to aknowledge that they cannot get hold of any cca information from the original creditor about the account in question and the debt is then rendered unenforceable and no further action will be taken going forward at all


Im working on the probable basis that they will get hold of cca information eventually as I took out the credit card post april 2007 according to noddle, so is probably unlikely that the information is lost/unobtainable so will be enforceable at some point along the line, (its always better to err on the side of caution too in regards to getting hopes up), so my question is what would be my best course of action in regards to paying the debt off assuming they can provide the cca? could I negotiate with them to pay a % off as settlement or will it be a case of the whole amount on the ccj claim will be what they would want paying regardless now.

as they say forewarned is forearmed, many thanks

[Kati]

Re: Cabot Financial/wright hassell solictors v paulfloor

[a] if cabot/wh fail to come up with an adequate reply to my defence within the 28 days (by 11/4/16) then I can apply to the court to get the ccj stayed, which would put the ccj on hold until they can come up with the cca information or a certain time period has passed and I can then get the ccj set aside?

the claim would be automatically stayed if they don't respond, you don't have to apply for that. You do have to apply for a set-aside tho'

[b] they do come back with the cca by the 11/4/16 which gives me the required information so I can make a firm decision on how to proceed ie: admit and pay or continue to defend claim

yup :nod:

[c] they write again to aknowledge that they cannot get hold of any cca information from the original creditor about the account in question and the debt is then rendered unenforceable and no further action will be taken going forward at all

If they say this, then the court case would still go forward UNLESS they discontinue it. You would still have to keep to the court timescales or risk getting a judgement in default They may write to you saying the account's "on hold" ... it means nothing without a proper Notice of Discontinuation.

Im working on the probable basis that they will get hold of cca information eventually as I took out the credit card post april 2007 according to noddle, so is probably unlikely that the information is lost/unobtainable so will be enforceable at some point along the line, (its always better to err on the side of caution too in regards to getting hopes up), so my question is what would be my best course of action in regards to paying the debt off assuming they can provide the cca? could I negotiate with them to pay a % off as settlement or will it be a case of the whole amount on the ccj claim will be what they would want paying regardless now.

If they did come back with an acceptable CCA reply, you could request a "Full and Final" settlement (a % of the debt) which you could pay off monthly etc... under a Tomlin Order (sometimes known as a Consent Order). [MENTION=6]Amethyst[/MENTION] would be able to advise on these nearer the time (if it comes to that).