Cabot / Morgan Claim

[MarathonPaul]

Here's the chronology

1) Claim received - two card debts rolled into one
2) Returned a defence of statute barred
3) Cabot wish to continue, transfer of proceedings
4) Send CPR 31.14 Request, as I am keen to see some documentation
5) No reply to CPR request from Cabot
6) Cabot send over copy of their completed Allocation questionnaire - they would like to try and settle, requesting one month stay, in the reason box they state " the claimant shall endeavour to provide advance disclosure following which mediation may be appropriate"
7) I post my allocation questionnaire - not looking to settle reason: statute barred defence plus Claimant has failed to respond to my CPR request. Send copy of CPR Request with Allocation questionnaire. In the future applications box on questionnaire I state "yes" and "N244 Compelling disclosure of particulars of claim."

That's where I am right now.


I want to make the correct N244 application / order for direction etc to get this Claim thrown out.

A) I think that my current route of CPR 31.14 request followed by N244 compelling disclosure may be weak as the Cabot POC is deliberately vague and they can potentially rightly ignore my request.

B) I have heard another option is CPR 16 with a N244 requiring claimant to plead their case effectively.

C) Maybe there are other CPR routes that can be taken?

D) Can i easily get a "Summary judgement"?


What do the Forum Experts feel is the best route for getting this thrown out?

I would greatly value any advice.

[WendyB]

Re: Cabot / Morgan Claim

If it's statute barred, it's statute barred. I fail to see how this would even get to a hearing in front of a Judge, it will probably be struck out before that, I would have thought, unless Cabot can produce evidence that it's not SB.

Summary Judgements can be granted by the Judge whether or not one of the parties has applied for one.

[MarathonPaul]

Re: Cabot / Morgan Claim

If it's statute barred, it's statute barred. I fail to see how this would even get to a hearing in front of a Judge, it will probably be struck out before that, I would have thought, unless Cabot can produce evidence that it's not SB.

Summary Judgements can be granted by the Judge whether or not one of the parties has applied for one.

Thanks Wendy, that's reassuring to hear.

However, I would like to be clinical about this and take the fastest path to getting it thrown out (so it can't be revisited again in the future, rather than having it hanging around as a case that was never heard).

Can anyone advise how I do this please?

[WendyB]

Re: Cabot / Morgan Claim

If it's struck out it wouldn't be hanging around as a case that was never heard, it would be a struck out case. "Hanging around" cases would be cases that were stayed, and even then they don't get stayed forever.

As far as I am aware an N244 is what you need, although how you actually go about filling one in I'm not sure. I believe it's an application, and as such you probably have to put a draft order in it for consideration by the Court. In your case, I don't see why the fact that it's SB and you can prove it's SB wouldn't be enough to put on the N244.

[MarathonPaul]

Re: Cabot / Morgan Claim

If it's struck out it wouldn't be hanging around as a case that was never heard, it would be a struck out case. "Hanging around" cases would be cases that were stayed, and even then they don't get stayed forever.

As far as I am aware an N244 is what you need, although how you actually go about filling one in I'm not sure. I believe it's an application, and as such you probably have to put a draft order in it for consideration by the Court. In your case, I don't see why the fact that it's SB and you can prove it's SB wouldn't be enough to put on the N244.

Hi Wendy

Thanks once again.

The problem is, it is very difficult for the defendant to prove it IS statute barred!

As it stands at the moment, the burden rests with the claimant to prove it is NOT statute barred.

My only "proof" that it is statute barred is that the claimant cannot prove that it is not!

[WendyB]

Re: Cabot / Morgan Claim

Have been discussing this and we reckon that you might as well just wait for the hearing and see what happens. In this case they would have to prove that it isn't SB, and show evidence as to why. They will have to, in any case, disclose before the hearing what evidence/documentation they are relying on. Is the hearing actually listed yet? It might not get that far, it may get chucked out without a hearing. If I were you I would just sit tight and cross the bridges when you get to them.

[MarathonPaul]

Re: Cabot / Morgan Claim

Hi Wendy

No, it's not listed yet, the allocation questionnaires have literally just been filed and Cabot have asked for a months stay in theirs...so clearly they are going to have a dig around.

The associate legal at Cabot working on this only joined Cabot in March 2011 - I saw his profile on Linkedin - so I would imagine he is going to have a real job on his hands with this claim!

I don't like the idea of waiting, it's crazy if I can act now...

Come on CPR / N244 wizards, what can I do to kill this baby right now?

Please help.

[WendyB]

Re: Cabot / Morgan Claim

Well I really don't think you can, apart from submitting the N244. You could ask PT 2537 for his opinion, but otherwise you know what they say....patience is a virtue. And Cabot may discontinue, you really need to see what they do.

[MarathonPaul]

Re: Cabot / Morgan Claim

thanks Wendy, I will try and get in touch with PT 2537

[pt2537]

Re: Cabot / Morgan Claim

Summary judgment is difficult to obtain in most cases as the opponent needs only to show that he may win at trial not that HE WILL win

So you will really need to be able to say

1) it is barred by limitation due to the last payment and acknowledment of the debt being XXX DATE

2) the Defendant has not moved during this time nor has he made any efforts to conceal his whereabouts from the creditor

3) the Claimants claim must therefore fail as it is barred from success due to the limitation act 1980

If you cannot establish that for the judge then its likely that summary judgment would be refused in favour of the case being heard before the trial judge.

[MarathonPaul]

Re: Cabot / Morgan Claim

Hi PT2537

Thanks for your kind response, I will give that route some thought.

Which of the CPR / N244 routes is your favourite at the moment for getting set asides or strike outs PT2537?

Just to let you know the Cabot POC is the usual crap one:

"The Claimant is the Assignee of a Debt(s) from XXXX
Credit Card ref ****** and XXXXX Credit Card ref *******
Notice of Assignment having been given to the Defendant in writing. Despite demand for payment ****** remains due. The Claimant claims ***** and interest under s.69 County Courts Act 1984 and costs."

[MarathonPaul]

Re: Cabot / Morgan Claim

PT2537, please could you advise on the last question? any advice much appreciated.