Telephone hearing 23/06

[amh73]

I am hoping someone can advise? I have a telephone hearing tomorrow for CCJ that i had set aside in March 2016. It was set aside as Cabot could not produce details or a copy of the agreement. I filed my defence again asking for details but they keep on requesting more time, its being going on for 6 months! The judge set a final hearing for 04/07 but Cabot have applied for more time yet again and the judge set a telephone hearing for tomorrow.
I rang the courts and the clerk told me that Cabots solicitor had to produce details of the procedure and to email them requesting this.
I have emails Cabot's solicitor this morning advising what the courts told me but they say its wring information and reluctantly gave me the name of the company they are using for the telephone hearing and that was it!

I don't know what to do to get on to this hearing tomorrow can someone help.

[Kati]

Re: Telephone hearing 23/06

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] ... any idea??

[Amethyst]

Re: Telephone hearing 23/06

Hmmm. Well out of order of Cabot. Wouldn't hurt to outline the arrangements for you.

Is the telephone hearing for case management?

Basically though, they will ring you at the alloted time for the hearing and all other parties will be in on the call.

The judge set a final hearing for 04/07 but Cabot have applied for more time yet again and the judge set a telephone hearing for tomorrow.

This is good Probably ask why they need more time to find the documents they should have had before bringing the case, over 6 months ago, and you will need to explain WHY you need the documents ( and about the requirements of the consumer credit act - either s77(4) or s78(6) .) and of course evidence the debt exists, isn't stat barred and anything else in your defence.

Is this the Lloyds credit card £7.5k one still ?


Here's the PD

Conduct of the telephone hearing

6.9 No party, or representative of a party, to an application being heard by telephone may attend the judge in person while the application is being heard unless every other party to the application has agreed that he may do so.

6.10 If an application is to be heard by telephone the following directions will apply, subject to any direction to the contrary –

(1) The designated legal representative is responsible for arranging the telephone conference for precisely the time fixed by the court. The telecommunications provider used must be one on the approved panel of service providers (see Her Majesty’s Courts and Tribunals Service website at www.hmcourts-service.gov.uk)

(2) The designated legal representative must tell the operator the telephone numbers of all those participating in the conference call and the sequence in which they are to be called.

(3) It is the responsibility of the designated legal representative to ascertain from all the other parties whether they have instructed counsel and, if so, the identity of counsel, and whether the legal representative and counsel will be on the same or different telephone numbers.

(4) The sequence in which they are to be called will be –

(a) the designated legal representative and (if on a different number) his counsel;

(b) the legal representative (and counsel) for all other parties; and

(c) the judge.

(5) Each speaker is to remain on the line after being called by the operator setting up the conference call. The call shall be connected at least ten minutes before the time fixed for the hearing.

(6) When the judge has been connected the designated legal representative (or his counsel) will introduce the parties in the usual way.

(7) If the use of a ‘speakerphone’ by any party causes the judge or any other party any difficulty in hearing what is said the judge may require that party to use a hand held telephone.

(8) The telephone charges debited to the account of the party initiating the conference call will be treated as part of the costs of the application.

[amh73]

Re: Telephone hearing 23/06

Fab! you guys are the best!! Cabot or their solicitor Reston's have sent in an application notice so the final hearing on the 4th is set for another date. They have ignore all requests for information under the CCA and seen hell bent on asking for more time. its so stressful as i know nothing of this and just want answers!

- - - Updated - - -

yes it still the Lloyds one !!

[amh73]

Re: Telephone hearing 23/06

Can someone quote the Consumer credit act for me, the part where It states i am entitled to receive an agreement? Thankyou!!

[Amethyst]

Re: Telephone hearing 23/06

Credit Card is section 78(6)

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

subsection 1 is ...

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

If they argue an agreement is not required then point out s.78 of course, and that there are numerous charges/ interest within the debt they have not broken down nor shown you the agreement so you can check they have charged under the terms of the agreement, that you are unable to ascertain whether the agreement contains the prescribed terms ( contained in schedule 6 of the CCA )and meets the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

Have they supplied anything else ? Default notice, notice of assignment, statements ?

( have your defence handy - as that is basically your argument )

[nemesis45]

Re: Telephone hearing 23/06

Hi,

It's difficult to advise here with so little detail!.

Have you been provided with the agreement yet?

Are Cabot using a firm of solicitors for this hearing? If so who are they.

nem