Cabot

[odetter]

Many apologies to Niddy.

My wife having searched her email account has found Niddy's reply. He declared it at the time as UE. The claimant on the claim form is Cabot Financial (UK) Limited.

regards

[Timewilltell]

Diana Mayhew
Well I do believe things may have improved??

[Joanna Connolly Solicitors]

My wife having searched her email account has found Niddy's reply. He declared it at the time as UE.

Well if it was unenforceable “at the time” it will still be unenforceable unless you’ve been sent new documentation which is enforceable.

However your question was when should you make an Application to strike out the claim, and as I have said that may not be the best way forward because of the risks involved (costs of the other side if your Application is unsuccessful).

Is this Cabot claim for £1,400.00 approximately?

Di

[Joanna Connolly Solicitors]

Has there been any further action with this claim from Cabot Financial (UK) Ltd?

Di

[odetter]

Dear Di

Thank you for your interest in this matter. Receipt of the defence was acknowledged by mcol in January 2019. No further action has ensued through the court since. We received a letter in response from their solicitors concerning our letter CPR 31.14 dated January 2019, which requested us to supply them with documentation in our possession. We did not respond because it was obvious to us that they were fishing for information. There have been no exchanges of contact since. What is the possible future course? Can this be discontinued/struck off or subject to an unless order? I understand that the beginning of these proceedings will reset the statute-barred clock. is there now a time limit for them to proceed with their claim or can this just remain in the mcol?

We much appreciate the help that you are giving us.

Yours sincerely

Odetter

[Joanna Connolly Solicitors]

What is the possible future course? Can this be discontinued/struck off or subject to an unless order? I understand that the beginning of these proceedings will reset the statute-barred clock. is there now a time limit for them to proceed with their claim or can this just remain in the mcol?

They can leave it 'parked' at NCCBC for as long as they like.

From what you say the claim is currently stayed. If they want to proceed they need to make an Application to lift the stay and then the case will be transferred to your local county court.

What you want to avoid is giving them too much time to source or reconstitute the documentation they need, and then continue with the proceedings.

You've said that the Claimant is Cabot Financial (UK) Ltd which is not authorised by the FCA. One option might be for the Defendant to make a Summary Judgment Application based on this issue (as well as non compliance with s77/78 CCA etc.)

If you would like me to take a look at the paperwork you can email it to me using di@joannaconnollysolicitors.co.uk . Include the front page of the Claim Form and your Defence to begin with.

Di

[odetter]

Thanks for your prompt response, I’m amazed that they can “park” a claim until they’re ready to proceed! I feel it’s a shameful abuse of the legal system.
Ill dig out the paperwork and forward it to you. Unfortunately I think it’s Cabot Europe who are the claimants but I’ll check!
Kind Regards
Odetter.

[The Tech Clerk]

Thanks for your prompt response, I’m amazed that they can “park” a claim until they’re ready to proceed! I feel it’s a shameful abuse of the legal system.
Ill dig out the paperwork and forward it to you. Unfortunately I think it’s Cabot Europe who are the claimants but I’ll check!
Kind Regards
Odetter.

You are learning about the legal system these days - discredited on many occassions

[odetter]

Thanks for your prompt response, I’m amazed that they can “park” a claim until they’re ready to proceed! I feel it’s a shameful abuse of the legal system.
Ill dig out the paperwork and forward it to you. Unfortunately I think it’s Cabot Europe who are the claimants but I’ll check!
Kind Regards
Odetter.

[Joanna Connolly Solicitors]

I’m amazed that they can “park” a claim until they’re ready to proceed! I feel it’s a shameful abuse of the legal system.
Ill dig out the paperwork and forward it to you. Unfortunately I think it’s Cabot Europe who are the claimants but I’ll check!

I look forward to receiving the paperwork.

In an earlier post on this thread you said that the Claimant is Cabot Financial (UK) Ltd which isn't authorised by the FCA so shouldn't issue court claims.

My wife having searched her email account has found Niddy's reply. He declared it at the time as UE. The claimant on the claim form is Cabot Financial (UK) Limited.

Di