Cabots claimform - old Halifax OD debt - stayed back in 2017 now asking court to lift stay

[onwards&upwards]

Hi all, 

Received a application notice and court date for Cabot's in relation to an old Halifax overdraft for around 2.5k. 

 

Originally they chased the debt back in 2017 via court - I asked for them to provide proof of debt (CPR) and asked for case to be stayed.

Heard nothing else from the courts or Cabots until about a month ago.

 

Cabots emailed me some documents about 6 weeks ago which they state are proof of the debt and in response to CPR request but I cannot access them as they are password protected, so absolutely useless to me. 

They have now applied to court for the stay to be lifted and a date is set for early July.

General order from court just states time and date of hearing plus - The application be listed for hearing on XX date at XX time. 

The application notice from Cabots states - 

An order that the stay applied to the proceedings be lifted and Cabot UK be granted summary judgment pursuant to CPR parts 24 and / or strike out of the defence under 3.4 on the grounds that: 
The defendant has no real prospect of defending the claim and there is no compelling reason why the case should be disposed of at trial. 

 

Should the defendant wish to rely on written evidence at the hearing they should file such evidence with the court and serve a copy on the claimant not less than 7 days before the hearing pursuant to CPR part 24.5 (1) 

I unsure how to proceed but thinking this

- I submit documents to the court in the 7 days prior stating that Cabots still haven't responded to the original - prove this debt, so request application is still stayed.

 

When docs are provided either pay up or argue at court. 

Any help / comments / thoughts appreciated/ 

[The GodMother]

Do you have a original thread that can be reviewed. 

 

 

[onwards&upwards]

Hi Godmother, sorry to be obtuse,  not sure what you mean? 

[The GodMother]

Do you have a previous post on this matter

 

[dx100uk]

std attempt via an N244 to lift the stay and go for a summary judgement too.

 

numerous threads here already 

use our search.

 

you only have 2 posts so cant have a previous thread

however, might you have under a different usename p'haps?

 

you need to scan up all the new docs that cabots have sent to one mass PDF

lets see what cards they really do hold, like an enforceable signed agreement and a valid default notice.

read our upload guide carefully

 

dx

 

[onwards&upwards]

No, no previous threads in this matter Godmother. 

 

dx I will put everything on when I'm home later, but no agreements etc received via post. I can't access what they sent me via email prior to the court application. 

 

I've had a search and read through, lots of useful information on here before posting but honestly I'm a bit overwhelmed, I  haven't seen anything about password protected documents sent by Cabot's on the forum ... Yet . . But will have another look thankyou. 

[dx100uk]

your mistake is giving cabots an email address!!

 

send one email

stating email is NOT to be used again in relation to our mutual matter.

 

tell them you want all the info in paper format only ASAP 

[onwards&upwards]

I didn't! 

I haven't responded to the email because I wasn't sure how they'd even got hold of it. Only thing I can think is the original claim from them was via money claim online....but I certainly didn't give it to them. 

[dx100uk]

Still need to tell them .

 

 

 

[Andyorch]

To enable any beneficial advice on dealing/responding to their application/summary judgment you really need to role back to the beginning and give as much detail about the court claim. Please complete the following and then copy and paste the Q,s and responses back here. Also a copy of your defence a copy of the n244 and witness statement (fully redacted) in support of said application.

 

 

Andy.

 

 

.