Cabot/Weightmans Claimform - Old Lloyds credit card***Claim Discontinued***

[dx100uk]

cases can remain stayed for years

 

 

dx

[Dotty50]

cases can remain stayed for years

 

 

dx

 

Which also means that it won't become statue barred because it pauses on issue of a claim.

 

I believe that the clock will only be re-started if they discontinue or you ask for it to be struck out.

[Guest]

Which also means that it won't become statue barred because it pauses on issue of a claim.

 

I believe that the clock will only be re-started if they discontinue or you ask for it to be struck out.

 

there was a case mentioned on cag where it was held that if a claim was deemed as just being issued for stopping a poss statute bar, then the 'stop' may not apply. dont recall the case atm though! and, wld prob require an application to argue?

[Guest]

How long have they got to still carry on with court?. I.

 

 

on receipt of yr defence, they have (according to the CPR rules) 28 days to say to the court whether they will continue/discontinue. or make any application. if the court doesnt receive a response from them after around that time, then the court will auto stay it.

if it is stayed, then they wld then have to make an application to lift the stay, and do whatever they then apply for.

[Dotty50]

I only found this out recently as I was assuming that two of mine where claims were issued would become SB this year.

 

However, as these were issued a few years ago, they would need a very good reason and also get the court to agree to lift the stay!

[Guest]

....time to get a more practical car that won't accidentally pop into 3 figures without me noticing.

 

why. our 'king' in waiting is apparently concerned for the environment/safety etc lecturing his 'subjects' to do this and that, yet he still drives powerful gas guzzlers etc. ah the hypocrisy.

[Craigbadger]

why. our 'king' in waiting is apparently concerned for the environment/safety etc lecturing his 'subjects' to do this and that, yet he still drives powerful gas guzzlers etc. ah the hypocrisy.

 

 

I have always had a soft spot for fast cars(all be it cheap, older fast cars) but I do think I'm at a time in my life where a sensible estate with a big boot would be a better option.

[Guest]

I only found this out recently as I was assuming that two of mine where claims were issued would become SB this year.

 

However, as these were issued a few years ago, they would need a very good reason and also get the court to agree to lift the stay!

 

yes, to lift wld need reason and J' s say so.

the longer stayed, prob the better for the defendant. but, never know with the courts!

[Craigbadger]

on receipt of yr defence, they have (according to the CPR rules) 28 days to say to the court whether they will continue/discontinue. or make any application. if the court doesnt receive a response from them after around that time, then the court will auto stay it.

if it is stayed, then they wld then have to make an application to lift the stay, and do whatever they then apply for.

 

Thats pretty much what I was after.

[Guest]

 

I have always had a soft spot for fast cars(all be it cheap, older fast cars) but I do think I'm at a time in my life where a sensible estate with a big boot would be a better option.

 

dont do it, dont get a volvo estate

[Craigbadger]

dont do it, dont get a volvo estate

 

Haha, they do seem to last forever but no I won't. Will go german, Audi or BMW. Not bothered about age just want something reliable and affordable.

[Guest]

.... just want something reliable and affordable.

 

 

and safe. has to be a volvo then

was just jesting around, nowt wrong with the volvo estates. good cars. and good value for money cf. audi/bmw.

[Craigbadger]

Right just had 2 identical letters off Weightmans with nothing more than informing me that their client intends to proceed with the claim and they are informing the court of the same, would of been cheaper to just write in capitals rather than send 2 but yeah. I presume this is to be ignored and is scare tactics, given that Cabot have already said they have not got a cca and can't use courts unless they find one.

[Guest]

maybe they are just continuing in case they find something to satisfy yr cca request. if they cant, then yes cant be any court enforcement.

if continuing, it will proceed to directions/allocation. you'll get such notice from the court

[Craigbadger]

Seems odd that they would contradict the other letter Cabot sent. I guess that was just in response to my cca where as this is the actual case.

[Guest]

yes, template letter sent out by dca's. best not rely on them saying things are on hold, the court process is whats relevant. they cant 'hold' things themselves as such without the formals eg staying it or discontinuing

if they cant produce anything re yr cca request then there cant be any court enforcement re that alone. then they'll have to then discontinue or risk going to court without. you then wld also have their letter saying no court, re misleading statements?

[dx100uk]

willy waving

 

 

dx

[Craigbadger]

Right I have today received a Notice of Proposed Allocation to the Small Claims Track and Directions questionnaire and a Mediation form. I presume I just complete these are return them.

[Guest]

yes

maybe they have found something for the cca request (though they shld let you know), or they are chancing it.

what is the rough value of their claim again

[Craigbadger]

About 3 grand I think,

 

 

non homeowner,

skint,

self employed.

 

 

They must be after my old Golf which is worth about half the amount owed as I've not got a lot else.

 

If you remember Weightmans sent me a letter saying they would be proceeding

the same day Cabot told me they had no cca,

 

 

the account was on hold and unenforceable till they found it

 

 

so maybe there is just a lack of communication

 

 

or if its anything like most things in the world now things go by a clock unless someone stops the clock.

[Guest]

ok. was just wondering re the value cf. them paying the fee/costs to continue.

 

yes, template letter from a puppet re a cca request when nothing is immediately to hand

(which it wont be as an assignee, they have to go back to the original creditor for any info).

 

 

once/if they have something, they shld though respond to you with it accordingly re the cca request.

[Craigbadger]

Right can I just double check something before I send all this off.

On the Notice of Proposed allocation it says.

 

3. You must by 2* April 2015 complete the small claims directions questionnarie (form n180) and file it with the court and serve copy on all other parties.

 

What does that mean exactly?, they have only sent me one copy which I had presumed I returned to court but it says above serve copy to all other parties.

 

 

 

I presume I agree to mediation but I'm just confused as there is only 1 copy and the notice tells me to send one to the court and serve a copy to all other parties who I presume is the solicitors.

[Ganymede]

Right can I just double check something before I send all this off.

On the Notice of Proposed allocation it says.

 

3. You must by 2* April 2015 complete the small claims directions questionnarie (form n180) and file it with the court and serve copy on all other parties.

 

What does that mean exactly?, they have only sent me one copy which I had presumed I returned to court but it says above serve copy to all other parties.

 

 

 

I presume I agree to mediation but I'm just confused as there is only 1 copy and the notice tells me to send one to the court and serve a copy to all other parties who I presume is the solicitors.

 

Photocopy the completed form and send the original to Court and the copy to the other side.

[Craigbadger]

Photocopy the completed form and send the original to Court and the copy to the other side.

 

 

Thanks. I wish they made these things clearer.

[AndyOrch]

Or alternatively hit the link below ...complete on screen and print 3 copies....looks far more professional

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Oct-2013**

 

 

Andy