Cabot/Weightmans

[mrcooper]

Hi all

I am at the stage of waiting for a N181 form to arrive - will be Fast track as the claim is for £12k. I think that I can do the form but am struggling with the Draft Directions list - what am I supposed to put on it.

I have had the usual non-compliance to a CCA request from Cabot, who sent me the 40 day letter, then sent me the "your debt is currently unenforceable" on the 27th March...closely followed by Weightmans on the 31st March stating that their client wishes to proceed with court. Checked with the court and this is the case even though I have recieved absolutely nothing from Cabot!

Any suggestions/help welcome.

[nemesis45]

Re: Cabot/Weightmans

If Cabot don't file in time the claim will be stayed.
Keep checking with the court s you will not be informed if it is stayed.

nem

[mrcooper]

Re: Cabot/Weightmans

Hi Nem

Thanks for the quick reply - I phoned the court yesterday and they said that Cabot have informed them of their wish to proceed and that the N181 was on it's way to me via post, hence the question about the Draft Directions. The court emailed me a copy of the form so that I could at least get a look at it and start preparing.:tinysmile_cry_t:

[nemesis45]

Re: Cabot/Weightmans

Ok, Cabot has still not complied with the CCA request so until they do the debt remains unenforceable

nem.

[mrcooper]

Re: Cabot/Weightmans

Hi nem

I am a bit lost on what to put on the Draft Directions List mentioned in the N181 paperwork? There wasn't another document in the envelope but I have seen the Discloure document (N265) on different sites and wondered if it might be that?

Do you have any examples or suggestions please?

The only documents that I have at the moment are CCA to Cabot and got usual 40 day letter, then an unenforceable letter. A CPR31.14 response from Weightmans saying that as they weren't the creditor they held no documentation but contact their client. Then notice to proceed to court and receipt of the N181 (due back on 8th May)

Thanks in advance for any help - by the way paid for VIP yesterday :tinysmile_grin_t:

[nemesis45]

Re: Cabot/Weightmans

Directions:
e.g That the claimant is to provide the CCA within 14 days.
There's loads of Cabot threads to look at , virtually the same
as your.

nem

[mrcooper]

Re: Cabot/Weightmans

I have now received the Proposed Directions from Weightmans. They want to go for SCT rather than Fast Track (even though the claim is for over 12k)! Is this allowed by the court? I have been sent an N181 not an N180 (so would need to fill in another form I presume)

They also want me to agree to a 3month stay although they have had since the beginning of February (when they raised the claim) to provide me with any documentation , which they haven't.

Anyone know if these are these normal requests?

[nemesis45]

Re: Cabot/Weightmans

I have now received the Proposed Directions from Weightmans. They want to go for SCT rather than Fast Track (even though the claim is for over 12k)! Is this allowed by the court? I have been sent an N181 not an N180 (so would need to fill in another form I presume)

They also want me to agree to a 3month stay although they have had since the beginning of February (when they raised the claim) to provide me with any documentation , which they haven't.

Anyone know if these are these normal requests?

This seems a real mess, small claim is a small claim upper limit is 10K,.
DO Not agree to the stay, do they give a reason?
Your reply is that Cabot / Weightmans has had adequate time to comply with your CCA Request and as a litigant in person their application puts you at a disadvantage as Weightmans & its client should not have issued the claim if they didn't have the evidence to back it up.
Give the court a ring to see if they are aware of the application to allocate to SMT, my guess is that they are unsure of their claim and are trying to figure a way round cost, and a more formal court hearing on Fast Track may cause them problems.

nem.

[mrcooper]

Re: Cabot/Weightmans

Thanks nem - will do

[mrcooper]

Re: Cabot/Weightmans

Would this be alright to send?

Dear Sir/Madam
Re:- Claim Number – XXXXXXXXXXX

I do not acknowledge any debt to your company or its clients.

With reference to the above claim, I am in receipt of your Proposed Directions and write to inform you that I disagree with your suggestions.

I am in receipt of an appropriate N181 Directions Questionnaire for the sum being claimed by your client. I am sure that Weightmans/Cabot are perfectly aware that the upper limit for Small Claims action is £10,000 and therefore that the paperwork sent out to me by the court is correct.

In response to the request for a 3 month stay please be advised that I do not agree. Cabot / Weightmans has had adequate time to comply with my CCA/CPR31.14 requests dated 12/02/2015 and as a litigant in person your application puts me at a disadvantage as Weightmans & your client should not have issued the claim if they didn't have the evidence to back it up. This constitutes a direct contravention the FCA rules. Please see extract below:

1. 
   CONC 13.1.6
   01/04/2014

FCA


(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.
(4) The firm should, in any communication or request for payment in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.



Yours faithfully

[nemesis45]

Re: Cabot/Weightmans

Yes that's fine! Suggestions.
Also an edited version to the court on the DQ.
Draft Direction:1. That the Claimants assertion that the claim is suitable for the Small Track is disallowed
Draft Direction:2. That the claimants Application for a 3months Stay is Dis allowed.
Draft Direction:3. That the claimant shall disclose the documents requested under CCA 1974 and CPR 31.4 within 7 days.
Draft Direction: 4.That t claim be struck out if the Claimant does not comply with DC 2. Above.

Take alook a at some of the DQ's on the forum . I'm doing this in short order whilst travelling.

nem

[mrcooper]

Re: Cabot/Weightmans

Nem

Came home to a Notice of Discontinuance What does this mean in practical terms please? ie. Could Cabot sell onto another DCA? Is this over for the time being?

your help is very much appreciated...without this site and everyone's input I would have been absolutely lost

[nemesis45]

Re: Cabot/Weightmans

[QUOTE=mrcooper;537710]Nem

Came home to a Notice of Discontinuance What does this mean in practical terms please? ie. Could Cabot sell onto another DCA? Is this over for the time being?

Cabot have instructed Weightmans to withdraw/discontinue the claim so that's it done for!!
My guess Cabot have realised the complete cockup Weightmans has made of the claim and fear it is to costly to continue.

Well done!!!

nem

[mrcooper]

Re: Cabot/Weightmans

Just a quick question..have just checked my credit file and although Cabot have chosen to discontinue with the claim they have now added another £500 to the amount on my record for that loan, it's gone from £12,555 to £13, 065....are they allowed to do that?

MRC

[mrcooper]

Re: Cabot/Weightmans

OK ..quick update. Received a letter yesterday from Cabot advising me that Marlin have now passed my account back to them and that I really should call them and sort out payment as they have been trying to resolve my problem for a while now. No mention of trying to take me to court and then discontinuing a month ago !!!

I intend to ignore it unless they start to go back down the road to court again. I think that I read somewhere that they would have to have a different PoC from last time if they want to do that? The only thing that has changed is that they have added their fees for issuing a claim onto the current debt total.

Is this the right course of action or should I be copying their letter about 'currently unenforceable/notice of discontinuance to Cabot.

Any advice greatly received