Claim of Debt

[Cliff]

I have received a way of service copy of application notice with supporting evidence to be filed with the court by Cabot Financial via Restons Solicitors. The application is a N244 stating they have asked the court to deal with this application without a hearing deemed as they do not believe a hearing is neccessary. They have asked me to sit back and wait for an Order from the Court which confirms their decision.
I originally defended this claim as I have never had any agreement or contact with Cabot and furthermore do not have a debt.
This claim is over 6 years old and was with the Halifax and was disputed for various reasons. I contacted the Halifax and they have informed me that they no longer have the claim but was given to a DRA (cabot Financial).
What I need advice on is, should I wait to hear from the court or is there something I should be doing.
Reston letter does not state!

Thanks, Cliff

[nemesis45]

Re: Claim of Debt

Hello Cliff welcome to LB,

Cabot is a debt purchaser and will have bought the debt from HBOS which has now no interest in the debt with all the rights and obligations of the original agreement/contract.
Why do you say you have no debt?

What is the application (N244) about?

nem

[Cliff]

Re: Claim of Debt

Hello Cliff welcome to LB,

Cabot is a debt purchaser and will have bought the debt from HBOS which has now no interest in the debt with all the rights and obligations of the original agreement/contract.
Why do you say you have no debt?

What is the application (N244) about?

nem

\I am aware that Cabot are a DRA but they do not and I repeat do not have any written or agreed claim of debt! The fact they purchased a claim of debt does not mean that the debt is their's.
As I said I need advice on what if anything on how I should reply to a N244 which they have submitted to overturn my defence so any advice on this would be appreciated.
The original debt was over 6 years ago with Halifax and the fact that they have not bothered to retrieve a claim of debt is relevant.

Cliff

[R0b]

Re: Claim of Debt

Can you post up the papers they have provided ou and the witness evidence?

Not sure I quite follow about this overturning of your defence. They made a claim originally, you defended it - what was the outcome?

[Amethyst]

Re: Claim of Debt

Morning.

It sounds like an application to strike out your defence and give them summary judgment. You can send a response to their application in to the court.

As well as the N244 you have received it would help to know what the claim is and what your defence to it was. Also have you been on GOODF ? ( as I have no idea what a 'claim of debt' is and if we know that it might explain why they are asking the court to kick out the defence )

xx

[R0b]

Re: Claim of Debt

think it is meant to mean a claim for outstanding debt?! As for strike out, I would write to the court and object that the strike out be heard without a hearing, and maybe mention the fact that Cabot are possibly committing a criminal offence by undertaking regulated activities without any permission from the FCA and you request a date to be set for a hearing the strike out application.

[Amethyst]

Re: Claim of Debt

You'd be suprised R0B.

\I am aware that Cabot are a DRA but they do not and I repeat do not have any written or agreed claim of debt! The fact they purchased a claim of debt does not mean that the debt is their's.

That sounds like a FMOTL thing about notice of assignment, deed of assignment, ' novation' and the like. If so it is mendable but it will mean defending the application and asking courts permission to amend your defence.

Need to see claim, defence and the application docs.

[Cliff]

Re: Claim of Debt

Morning.

It sounds like an application to strike out your defence and give them summary judgment. You can send a response to their application in to the court.

As well as the N244 you have received it would help to know what the claim is and what your defence to it was. Also have you been on GOODF ? ( as I have no idea what a 'claim of debt' is and if we know that it might explain why they are asking the court to kick out the defence )

xx

Hi,
Thanks should it be a letter or is there a form I should seek?

Their claim is on an ex-parte basis? and seeks an order to;
1. Lift the stay on the proceedings and
2. Strike out the Defence pursuant to CPR 3.4(2) on the basis that it discloses no reasonable grounds for defending the claim and or is abuse of the court process; or
3. In the alternative to (2) above, an Order for Summary Judgement against the Defendant under CPR24.4, that I have no real prospect of success defending the claim and no reason why the case should go to trial

As mentioned my defence has been a denial of debt with Cabot and I have defended this accordingly.
I have asked for this to be heard in court.

Thanks

[Amethyst]

Re: Claim of Debt

Can you post your defence please.

How long has the case been stayed ? and have they provided documents in between your defence being filed and this application?

[nemesis45]

Re: Claim of Debt

\I am aware that Cabot are a DRA but they do not and I repeat do not have any written or agreed claim of debt! The fact they purchased a claim of debt does not mean that the debt is their's.
As I said I need advice on what if anything on how I should reply to a N244 which they have submitted to overturn my defence so any advice on this would be appreciated.
The original debt was over 6 years ago with Halifax and the fact that they have not bothered to retrieve a claim of debt is relevant.

Cliff

Cabot now have the right to collect this debt using all methods up to and including issue of a County Court Claim.

A debt purchaser inherits the rights and obligations of the original agreement.

When you say the " original debt was over 6 years ago" do you mean that you believe the debt is Statute Barred?

If you don't respond to the N244 Cabot will no doubt succeed in their application.

Halifax has no interest in the debt from the date it was legally sold to Cabot.

nem

[Cliff]

Re: Claim of Debt

Can you post your defence please.

How long has the case been stayed ? and have they provided documents in between your defence being filed and this application?

Hi
My defence was based on seeing proof of there written agreement / contract that they have with me to this claim. I also had received numerous PPI payments from the Halifax which they had the appurtenance to want to see. I replied back that the Halifax should provide this if they have brought this agreement from them. They have still not provided any contract/agreement to ownership of this claim!

I have received an application notice and supporting documents which has been filed on the 19 October 2015.

[R0b]

Re: Claim of Debt

I would expect this to go to a hearing but the fact that they are relying on an agreement they do not have or produce then I cannot see them being successful, but I've seen stranger things happen!

[Amethyst]

Re: Claim of Debt

Very difficult to help you respond without knowing the exact wording of the defence or the exact wording of their application.

However, in the absence of that, what you do need to do is submit a Witness Statement to court, starting with something like

1. I am Cliff xxxxxxxxxxxx of xxxxxxxxxxxxxaddressxxxxxxxxxxxxx and defendant in these proceedings. I make this witness statement in defence of the Claimant's application for xxxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxxxxxx .


and state your reasons for why this should not go to summary judgment/ be struck out and a cover letter asking it to be put before the Judge when he considers the application.


When you keep saying about ownership of the debt - are you talking about the Notice of Assignment ? http://www.legislation.gov.uk/ukpga/1974/39/section/82A

[nemesis45]

Re: Claim of Debt

Hi
My defence was based on seeing proof of there written agreement / contract that they have with me to this claim. I also had received numerous PPI payments from the Halifax which they had the appurtenance to want to see. I replied back that the Halifax should provide this if they have brought this agreement from them. They have still not provided any contract/agreement to ownership of this claim!

I have received an application notice and supporting documents which has been filed on the 19 October 2015.

You had an account with Halifax, which was defaulted and SOLD to Cabot therefore Cabot has inherited the original agreement,
you would have received a " Notice of Assignment" from Halifax and / or Cabot stating the debt was sold/purchased inline with
the Law of Property Act 1925.

nem

[Cliff]

Re: Claim of Debt

Very difficult to help you respond without knowing the exact wording of the defence or the exact wording of their application.

However, in the absence of that, what you do need to do is submit a Witness Statement to court, starting with something like

1. I am Cliff xxxxxxxxxxxx of xxxxxxxxxxxxxaddressxxxxxxxxxxxxx and defendant in these proceedings. I make this witness statement in defence of the Claimant's application for xxxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxxxxxx .


and state your reasons for why this should not go to summary judgment/ be struck out and a cover letter asking it to be put before the Judge when he considers the application.


When you keep saying about ownership of the debt - are you talking about the Notice of Assignment ? http://www.legislation.gov.uk/ukpga/1974/39/section/82A

Hi,

Sorry for not getting back but works commits me all over the South of England and I can really do without this ridiculous claim.

As mentioned when I refer to their ownership they have brought a debt from the Halifax which dates back to 2008 and I have been told that it should be Statute Barred as the original disputed debt was never further pursued by the Halifax.
It has only been the beginning of this year Cabot suddenly appeared chasing a debt which I do not have with them and as I mentioned before, I asked for their proof of assignment and an agreement/contract between me and them.
This has never materialised and has subsequently been ignored.

Halifax have washed their hands of the original claim as it was a contentious dispute.

You have given me some information to work on to respond and can you please clarify if this just be in a letter form and who in particular should I aim this at the County Court.

Once again many thanks for your assistance.

Cliff