• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

cabot discontinuance via weightmans now trying again

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • cabot discontinuance via weightmans now trying again

    hi to all thanks in advance for any advice you can give me, I will try keep short.
    so cabot bought a debt from 4 years ago from bank, tried and tried to get me to pay but as this bank debt was still in dispute with bank I felt wrong they even sold it, anyway after about 2 years on my back cabot instructed weightmans to take a moneyclaimsonline action via court, I got the dates etc and put my evidence . 15 days before court date I received a letter of discontinuance from weightmans stating their client cabot is not pursuing.
    I double checked with court and they said they had received the notice and that should be it.
    now 5 months after I have received a new demand from cabot for that amount plus £15 . I contacted them about the discontinuance and after several minutes I was told that weightmans may have dropped the case but not us, weightmans handed back the claim and we are now pursuing. this has gotten me confused, I said but weightmans was acting on your behalf you are their client, I was then told no weightmans decided. so I told them what a load of rubbish and I will contact weightmans.
    I did and spoke to the person involved who informed me that the case was closed as far as they were concerned, i asked if they had made the decision and was told they followed their clients request. so who is lying? i then asked if this again goes to court can i call them as witness to the fact that cabot said it was their decsion when they have just said it wasn't, the guy said no i could not call them as a witness as he still has cabot as a client yet not in this case as he said earlier as far as they were concerned case closed. he then got very stroppy and said he didn.t want to discuss further,but surely i have the right to know who actually is pursuing me and who made the last decsion. i believe if they try to take me to court again i can produce evidence that someone is wrong as i have the notices and emails. i am very confused on what to do now?
    i should also add that 2 months before court date i rquested yet again the statement of account etc never ever gotten.
    Tags: None

  • #2
    Re: cabot discontinuance via weightmans now trying again

    This is very naughty,

    At this moment they know they cannot take you to court on the same particulars of claim.

    You exchanged your defence, Game over Cabot

    If they are stupid enough to issue a claim use this

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.7


    Comment


    • #3
      Re: cabot discontinuance via weightmans now trying again

      Hi Welcome to LB

      Hi have you actually received a " new " claim form or has Cabot resurrected the discontinued claim as they can do with the permission of the court?

      Alternatively is Cabot now just chasing the alleged debt with no threat of court action, a common move from Cabot when it has had discontinue / withdraw a claim.

      Playing the " moral" card " we know we can't enforce the debt but please pay us to ease your conscience" is also a favourite of Cabot's.

      nem

      Is there any explanation as to where the extra £15.00 comes from.

      Please confirm what type of account was this?

      Loan/credit card/ HP/ current account/overdraft?
      Please ame the original creditor.

      Comment


      • #4
        Re: cabot discontinuance via weightmans now trying again

        hi thanks,
        it was we have not heard from you for a while job showing reference original lender which was clydesdale bank (overdraft) and outstanding balance, so i guess just the start again.

        Comment


        • #5
          Re: cabot discontinuance via weightmans now trying again

          Originally posted by brian36 View Post
          hi thanks,
          it was we have not heard from you for a while job showing reference original lender which was clydesdale bank (overdraft) and outstanding balance, so i guess just the start again.
          Yep just what I expected you'll keep getting begging letters from time to time.
          There reasoning is that although they cannot enforce the debt it stil exists and
          you should p[ay it.

          You can either ignore them or respond that they have never proved you owe
          the alleged debt please take a hike as you are not paying an alleged debt.

          nem

          Comment


          • #6
            Re: cabot discontinuance via weightmans now trying again

            thanks for advice I will sort out somehow thanks again

            Comment


            • #7
              Re: cabot discontinuance via weightmans now trying again

              Originally posted by brian36 View Post
              thanks for advice I will sort out somehow thanks again
              Happy to help if you need anything you know where to come.

              nem

              Comment


              • #8
                Re: cabot discontinuance via weightmans now trying again

                Originally posted by brian36 View Post
                I double checked with court and they said they had received the notice and that should be it.
                now 5 months after I have received a new demand from cabot for that amount plus £15 . I contacted them about the discontinuance and after several minutes I was told that weightmans may have dropped the case but not us, weightmans handed back the claim and we are now pursuing. this has gotten me confused, I said but weightmans was acting on your behalf you are their client, I was then told no weightmans decided. so I told them what a load of rubbish and I will contact weightmans.
                The claim would have discontinued because they were not able to produce the documents, that's not quite the same as going to court and winning, i.e. where a judge has ruled the account unenforceable. That means Cabot can still try to pursue you for the debt. They wouldn't issue another claim without new evidence because that would be abuse of process, however, I think there's been a case where they re-issued a claim after a long time because they'd obtained the paperwork.
                Originally posted by brian36 View Post
                I did and spoke to the person involved who informed me that the case was closed as far as they were concerned, i asked if they had made the decision and was told they followed their clients request. so who is lying? i then asked if this again goes to court can i call them as witness to the fact that cabot said it was their decsion when they have just said it wasn't, the guy said no i could not call them as a witness as he still has cabot as a client yet not in this case as he said earlier as far as they were concerned case closed.
                No-one is lying, Weightmans would have been instructed to deal with the claim, once the claim was dropped, they would no longer be instructed and would have returned the account back to Cabot.
                Originally posted by brian36 View Post
                he then got very stroppy and said he didn.t want to discuss further,but surely i have the right to know who actually is pursuing me and who made the last decsion. i believe if they try to take me to court again i can produce evidence that someone is wrong as i have the notices and emails. i am very confused on what to do now?
                i should also add that 2 months before court date i rquested yet again the statement of account etc never ever gotten.
                Weightmans are just one of the firms Cabot use. Cabot would have made the decision when they saw they couldn't get their hands on the paperwork, Weightmans have to act as per their clients' instructions.

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                Working...
                X