Cabot Court Claim *** Claim Settled ***

[gh2008]

With an enforceable agreement (albeit with an order from the court) you are really left with whether Cabot are right to bring this action in their own name, and whether the account was properly terminated (on the back of a compliant Default Notice)

 

IMO, you need to reply to Morgans as you don't want them to be able to say that is was you not communicating whilst they were trying hard to settle the claim IYSWIM

 

I would thank them for the info so far but remind them of the outstanding request for the DN & NOA.

[Nottsdave]

thanks Gh2008

 

I will write to them asking for the additional info.

 

Notts

[Nottsdave]

GH2008

 

IYSWIM ?

 

Notts

[gh2008]

Google is your friend and if you haven't made friends with it or another search engine you'll need to If You See What I Mean

[Nottsdave]

Ah

 

I get it now.

 

cheers

 

Notts

[Nottsdave]

Hi All

 

I have received a letter saying that I have to attend a case conference in April--

 

 

Does anyone know what this will involve ??

 

 

Notts

[Nottsdave]

Anyone ?

 

I need some info as to what happens at a case conference please

 

ta

Notts

[Nottsdave]

bump

[supasnooper]

A Case Management Conference is a hearing at which a judge will review the steps taken by the parties in preparation for the trial and decide what further steps need to be taken.

 

I'd advise that you do attend.

[Nottsdave]

Hi

 

Well I attended the Case Management Conference, what a surprise the DJ was human and stated the Morgans had provided a load of rubbish and must do better.

 

So as things stand Morgans have to respond to the original defence by the 7/5/10 and then fully disclose what they have by 4/6/10.

The DJ then went on to say to the Morgans rep that they need to get there act together.

He was disgusted by the so called statements they had sent and called them well below the mark as well as being annoyed that there was no response to the defence.

The best bit was when he said (and I quote) these companies just buy the debts by the sackload and expect people to pay up all they are interested is making as much money as possible for doing as little as possible.

 

Well done Sir is what I say, Ive still got a long way to go with this but time is running out (the six years is looming) Im sending off a SAR tomorrow.

 

 

Notts

[babybear39]

Good stuff Dave

 

Carry on and get your SB letter ready

[Nottsdave]

Cheers BB

[cymruambyth]

great news, you won on the DJ lottery; bet it was a different DJ from last time!! Good luck.

[supasnooper]

Good stuff ND.....always helps to get a clued up Judge.

[woolfysmith]

Hi

 

Well I attended the Case Management Conference, what a surprise the DJ was human and stated the Morgans had provided a load of rubbish and must do better.

 

So as things stand Morgans have to respond to the original defence by the 7/5/10 and then fully disclose what they have by 4/6/10.

The DJ then went on to say to the Morgans rep that they need to get there act together.

He was disgusted by the so called statements they had sent and called them well below the mark as well as being annoyed that there was no response to the defence.

The best bit was when he said (and I quote) these companies just buy the debts by the sackload and expect people to pay up all they are interested is making as much money as possible for doing as little as possible.

 

Well done Sir is what I say, Ive still got a long way to go with this but time is running out (the six years is looming) Im sending off a SAR tomorrow.

 

 

Hi Notts Dave

 

I noticed above you say the six years is looming,you mean statue barred, are you saying if your case isnt proved by them or court etc by the six years then it all falls apart for cabot.

[Nottsdave]

Yep, Thats my understanding.

 

Notts

[Nottsdave]

Hi Guys,

 

So my court date is looming as previously stated the info provide from Morgans is poor (no statements / DN) Im 99.99% sure that this is Statute Barred is it down to me to prove this or the claimant ?

And do I need to let Morgans know before we go to court ?

 

Notts

[pt2537]

Hi Guys,

 

So my court date is looming as previously stated the info provide from Morgans is poor (no statements / DN) Im 99.99% sure that this is Statute Barred is it down to me to prove this or the claimant ?

And do I need to let Morgans know before we go to court ?

 

Notts

you cant hi jack them

 

nor can you just ring them up and say its statute barred

 

its GOT TO BE PLEADED in the defence, if its not there then its not going to be heard in court

[Nottsdave]

Cheers for that,

 

I have to get in my witness statements by the 25th June.

 

I rec List of Documents Standard Disclosure.

 

So in my Witness Statement I plan to highlight the fact that the debt is now Statute Barred .

 

Is this ok ?

 

Notts

[Nottsdave]

anyone ?

 

Notts

[gh2008]

So as things stand Morgans have to respond to the original defence by the 7/5/10 and then fully disclose what they have by 4/6/10.

 

What have they sent you then?

[Nottsdave]

Hi Guys,

I sent my original defence in Sept 09 and rec a response this included a copy of the agreement and some statements.

I then attended a Case Management Conference in April and the Judge stated that Morgans needed to respond to the defence.

Morgans did this and included the following,

Notice of Assignment

Credit Agreement

Statements

My question is this,

 

Below is point 17 from my original defence

 

Can I now put forward a amended defence now that i have received a reply from the claimant.

This would include the fact that the debt is now statute barred even though this was not included in the first defence ?

 

From original defence

17. Alternatively, I respectfully request the court orders full disclosure of the documentation requested in point 9. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly.

 

Thanks

 

Notts

[pt2537]

to amend the defence you need to observe CPR 17.1 which provides 2 circumstances when a party can amend

 

the first, 17.1(2)(a) is where there is the consent of both parties

 

the second 17.1(2)(b) where the permission of the court is needed

[Nottsdave]

Cheers PT

 

So do I need to contact the court and ask for permission ?

 

Notts

[pt2537]

well,

you would be expected to obtain consent of the other party first, or costs could be ordered against you, this is a procedural point

 

then you would need to apply on notice for an order

 

 

its quite complicated as if you get it wrong then you could face a 3-5k costs order, in fact ive seen costs as large as £10k in amendments