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Re: Cabot claim about to be stayed
Hi, this is largely directed at PT 2537 who kindly drafted me a witness statement and draft order for a N244 Application a few weeks back. You will recall I was a little hesitant as whether to file it at that stage, however, I agreed it was the best course of action, there was some delay sending it off as I was waiting for a letter from the DWP to support my exemption application, it was then returned because of an error and the fact the exemption form I had downloaded was now outdated, resubmitted it, then it was returned again because the DWP letter was not signed and had to wait for another.
In the meantime two things have happened, one, Cabot responded to my Subject Access Request with a bulky set of papers, for the three credit card accounts, which I had to go through before I resubmitted the N244 in case they had provided the documents we were requesting, there was nothing of any significance for Monument apart from a printed paper advising Kingshill No.1 Ltd had bought that debt (not Cabot Financial (UK) and an application form, nothing at all for Citi Financial, however, there was a two page signed agreement for Cahoot (mostly illegible) the prescribed terms are not on the signature document, it was for the first credit card, and says APR is based on a limit of £100 (not £8000) there is nothing to justify or explain all the charges Cabot have added, no default notices, and all the Cahoot statements are more their coded records, not customer statements.
I phoned the court today for advice, they said Cabot’s deadline for responding to my defence was 2nd July and they would now have to make an application to continue the action and explain the delays. I asked if I would have to re-date my N244 they returned with all the papers? She said the fact they have not responded to your defence means there is no need for an N244, she said they are usually used to have a judgement set aside, and in this case there is no judgement against you, and the judge will stay it in 14 days from 2nd . What’s your take on this now, do I go ahead and file the N244 as it stands giving them a further 21 days to comply, or let sleeping dogs lie?
All opinions appreciated
Kind regards
Bernie
Hi, this is largely directed at PT 2537 who kindly drafted me a witness statement and draft order for a N244 Application a few weeks back. You will recall I was a little hesitant as whether to file it at that stage, however, I agreed it was the best course of action, there was some delay sending it off as I was waiting for a letter from the DWP to support my exemption application, it was then returned because of an error and the fact the exemption form I had downloaded was now outdated, resubmitted it, then it was returned again because the DWP letter was not signed and had to wait for another.
In the meantime two things have happened, one, Cabot responded to my Subject Access Request with a bulky set of papers, for the three credit card accounts, which I had to go through before I resubmitted the N244 in case they had provided the documents we were requesting, there was nothing of any significance for Monument apart from a printed paper advising Kingshill No.1 Ltd had bought that debt (not Cabot Financial (UK) and an application form, nothing at all for Citi Financial, however, there was a two page signed agreement for Cahoot (mostly illegible) the prescribed terms are not on the signature document, it was for the first credit card, and says APR is based on a limit of £100 (not £8000) there is nothing to justify or explain all the charges Cabot have added, no default notices, and all the Cahoot statements are more their coded records, not customer statements.
I phoned the court today for advice, they said Cabot’s deadline for responding to my defence was 2nd July and they would now have to make an application to continue the action and explain the delays. I asked if I would have to re-date my N244 they returned with all the papers? She said the fact they have not responded to your defence means there is no need for an N244, she said they are usually used to have a judgement set aside, and in this case there is no judgement against you, and the judge will stay it in 14 days from 2nd . What’s your take on this now, do I go ahead and file the N244 as it stands giving them a further 21 days to comply, or let sleeping dogs lie?
All opinions appreciated
Kind regards
Bernie
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