** DISCONTINUED **Cabot Financial/wright hassell solictors v paulfloor

[R0b]

Re: Cabot Financial/wright hassell solictors v paulfloor

The Limitation clock stops when proceedings issued, if they are discontinued then the clock then starts - it does not restart but continues where it left off. So if there were 13 days before the claim became statute barred and then proceedings were issued then discontinued, then the clock would start from the 13 days left.

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

The Limitation clock stops when proceedings issued, if they are discontinued then the clock then starts - it does not restart but continues where it left off. So if there were 13 days before the claim became statute barred and then proceedings were issued then discontinued, then the clock would start from the 13 days left.

Ok great thanks for clearing that up for me r0b

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Would it be a good idea to sar capital one so I have other information from outside anything cabot come back with about the account in question? as if they send me back a reconstituted agreement as they cannot provide an original then id have no idea if it had the correct information on it like the apr for example, I could guess at what I believe it was back then but thats all it would be a guess, as I literally have no information about the matter plus I unfortunately have a memory like a sieve.

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Ok my dq was filed on4/5/16 which was a day before the 5/5/16 deadline, would the claimants have to file theirs on the same date? as on mcol it shows theirs has been filed on the 12/5/16 so a week later than the deadline I recieved, would that be a positive to put in my witness statement should it get that far and is there any come back on them for filing late if they had same filing date as me?

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Ok had the email from mediation asking if I can answer yes to the 3 questions which I cant as still have not a scrap of info from cabot, I take it that the next stage is a court date and my witness statement which I guess I should draft closer to the time incase any info does drop through the letterbox.

[Wingco]

Re: Cabot Financial/wright hassell solictors v paulfloor

Hi Paulfloor
I would just stick to the deadlines but prepare your witness statement in advance and post on here for the real experts to give it the once over. I'm sure Crapot's & Right Hassle's failure to file on time will not sit well with the Court. And how are you expected to respond if you don't have all the information - it's hardly Justice, is it?
Wingco

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Exactly, until I get anything back the only thing I can do is go down the lack of information route, which wouldn't be an option if they did their jobs properly and got the required info when purchasing the debt to pass onto the alleged debtor.

Its almost like like they do it on purpose on the hope you will roll over at the first site of court papers......

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

You must respond and file as and when the claim progresses, mediation it seems at present unlikely.
If this is the case the claim will be allocated to your local county court hearing centre for a judges directions on how the claim should proceed.

nem

[Wingco]

Re: Cabot Financial/wright hassell solictors v paulfloor

Exactly, until I get anything back the only thing I can do is go down the lack of information route, which wouldn't be an option if they did their jobs properly and got the required info when purchasing the debt to pass onto the alleged debtor.

Its almost like like they do it on purpose on the hope you will roll over at the first site of court papers......

I'm sure so many people do 'roll over' and they get away with it. We have to stick together and fight them. I've had 3 CCA letters come back saying they don't have the original creditor's paperwork making the contract unenforceable. It seems that they buy the alleged debts in the hope people won't question the legitimacy of the debt.
Wingco

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Nothing back from anyone on cabots side yet, have a court date set for September so guess I will have to wait and see what happens.

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Evening all! I need to file my witness statement before the deadline for evidence on friday and wondered if somebody would mind having a little look to see if im on the right track, have heard nothing back in regards to providing any supporting evidence of their claim against me so will be going down the lack of information route as a defence against cabot/wright hassel.




IN THE ************* COUNTY COURT
Claim No. ***********


BETWEEN:
Claimant
Cabot Financial (UK) limited


AND
Defendant
****************


_________________________________


WITNESS STATEMENT OF **************
_________________________________






I ***************, being the Defendant in this case will state as follows;


I make this Witness Statement in support of my defence in the claim.


1. On or around the 11/2/2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £827.25.


2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.


3. The particulars of claim fail to state when the agreement was entered into.


4. The particulars of claim state that this claim is for “debts arising from consumer credit act 1974 agreements”. I have not been provided with these alleged agreements with which the claimant will no doubt rely on in the proceedings despite formally asking for their disclosure.


5. On 15/2/2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT A].


6. On 16/2/2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT B]. I also enclosed a copy of the letter sent directly to Cabot Financial (UK) ltd, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT C].


7. On 22/2/2016 the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.


8. I have not received any of the documents mentioned in the claimants claim form.


9. On 29/2/2016 , I contacted the Claimants solicitors [EXHIBIT E] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.


10. The Claimants solicitors replied to my second request on 2/3/2016 [EXHIBIT F] and failed to supply any documents that I requested.


11. The Claimant has mentioned the credit Agreement and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.


12. The Claimants pleaded case is that the Defendant entered into an agreement with Capital One under account reference ******************. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Capital One in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.


Statement of Truth


I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________


Dated: ________________________________

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Thanks for all your help to everyone who replied in my thread, just had the discontinued letter drop through the post this morning

[MIKE770]

Re: Cabot Financial/wright hassell solictors v paulfloor

Well done - ring the court early next week to confirm they received theirs?

[Amethyst]

Re: Cabot Financial/wright hassell solictors v paulfloor

Congrats xxxx

[Kati]

Re: ** DISCONTINUED **Cabot Financial/wright hassell solictors v paulfloor

Well done xx