How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a old debt being chased up by Cabot Financial by

Customer Question

Hi I have a old debt being chased up by Cabot Financial by Restons Solicitors, I have received a letter from courts, allowing them an Application to lift the stay, strike out defense and enter summary judgment. What are my options?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Have you acknowledged or paid anything towards the debt in the last 7 years?
Customer: replied 1 year ago.
I have not acknowledged the debt or paid anything towards it for the last 7 years, I checked my Credit File - The CABOT default date is 30/10/2009 - 6+ Years, this make any difference?
Customer: replied 1 year ago.
Just worried with this CCJ
Customer: replied 1 year ago.
I have posted my details on:
http://legalbeagles.info/forums/showthread.php?76194-Cabot-Financial-Restons-Solicitors-Old-CC-Debt-Asking-to-Lift-Stay!-HELP&p=611661#post611661
Expert:  Jenny replied 1 year ago.
Can you just clarify on this thread whether you filed a defence to this claim as I cannot access that other thread?
Customer: replied 1 year ago.
Yes I filed a defence (MCOL) here is my timeline:OK here is the timeline:02 March 2015 Issue date
07 March 2015 Plus five Days - Service date (12 March 2015)
11 March 2015 Acknowledge + Defence Filed - MCOL
12 March 2015 RESTONS CPR31 sent + cc Lowell CCA
12 March 2015 CABOT Financial CCA sent plus £1 postal order (RM Recorded)
12 March 2015 Citibank SAR sent plus £10 postal order (RM Recorded)
21 March 2015 Plus 14 Days - Deadline
24 March 2015 Restons Reply to Defence
04 April 2015 Plus 28 Days - defence deadline
02 April 2015 Recorded Delivery - RESTONS CPR31 sent + cc Cabot CCA
02 April 2015 Recorded Delivery - CABOT Financial CCA sent plus £1 postal order
10 April 2015 Restons Want My Signature to identify or will not reply
11 April 2015 RESTONS Reply - I will not be supplying my signature and other private information to you.
11 April 2015 RESTONS - CPR 31.14 SECOND Request Sent
21 April 2015 40 Day Deadline for SAR - Not Received
26 August 2015 Approx 180 days after - Restons Send Information - Reconstituted Copy (General Terms) My Name/Address No Signature "excluded" + Credit Card Statement Copies from March 2009 - October 2010 Ending Balance is £3033.18
05 September 2015 Spoken to Court - Claim is Stayed (allotted time passed) waiting on Claimant. Restons now has to formal request to district judge to get stay lifted.
06 November 2015 Restons letter asking to withdraw and complete Form 9A
11 December 2015 Restons send copy of Application Notice + Supporting evidence (statement of truth, Claim they have my telephone details but no number provided in evidence, Same paperwork as 26th August, but exhibits are credit card statement copies, my letter send and
18 December 2015 Spoken to Court - Claim is Stayed (allotted time passed) waiting on Claimant. Restons now has to formal request to district judge to get stay lifted
16 January*****General Direction Order to 1) lift the stay under CPR 23.8c 2) Strike out Defence on CPR 3.4(2) no reasonable grounds/abuse of court 3) Judgement £3,976.94.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
On what basis are you defending it please?
Alex
Customer: replied 1 year ago.
If you see the agreement they have sent, it does not seem valid - no signature?
I have not acknowledge or paid any amount since the default
Customer: replied 1 year ago.
Is the agreement compliant with compliant with CCA 1974?
Expert:  Ash replied 1 year ago.
What was the date of default?
Customer: replied 1 year ago.
Checked my Credit File - The CABOT default date is showing as 30/10/2009
Customer: replied 1 year ago.
What are your charges to handle the case since I don't know who the N244 goes to?
Expert:  Ash replied 1 year ago.
when was last payment?
Alex
Customer: replied 1 year ago.
Crikey I would say October 2008 before default, the statements they have are from 2009 which show no payments.
Expert:  Ash replied 1 year ago.
So a year before?
Alex
Customer: replied 1 year ago.
I would have to say so but I have no paperwork to show any payments being made. I defaulted due to family issues, lived in temporary accommodation for two years (messy divorce) . sorry
Expert:  Ash replied 1 year ago.
Ok. Sadly because it's not signed does not mean it's invalid. Case law shows that they don't need a signed agreement with original signature.
As to the payment dates, sadly because you defaulted within the issue period of six years, they will have a valid claim. They should default you within a year and then they have six years from that date to sue you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
But the default is October 2009 so six years ends in October 2015?
Expert:  Ash replied 1 year ago.
That's right, and it's date of issue which is important. They issued in March 2015
Alex
Customer: replied 1 year ago.
What do you recommend is the way forward? So far I have filed my defence to ask them to show documents, I have not acknowledged any debt as of yet, have you had a chance to see the two PDFs I have uploaded?
Expert:  Ash replied 1 year ago.
I did yes. I think you are going to be liable though. You can try it if it's a small claim. It if not then you run the risk of building up legal costs for a summary judgment application.
Alex
Customer: replied 1 year ago.
Need to weigh it out, I can't afford to pay 3.9k so basically the CCJ stays on which I hoped to avoid. I take it there is very little chance of success based upon the present documents? What are your costs with regards ***** ***** summary judgement application?
Expert:  Ash replied 1 year ago.
Sadly I think you will struggle. You could try and run the argument 6 years from date of judgment. I can't be instructed sadly as its against site rules.
Alex
Customer: replied 1 year ago.
Sorry confused what do you mean by date of judgement?
Expert:  Ash replied 1 year ago.
Sorry, 6 years from when they issue the claim and date of default.
Does that help?
Alex
Customer: replied 1 year ago.
Do they not have to prove I made a payment during the default (October 2009)? (which I did not)
Its that long gone that even I can't remember when a payment was made
Expert:  Ash replied 1 year ago.
They need to prove everything. They don't need to show you made a payment during default. They need to show you defaulted and within 6 years of default they issued proceedings.
Does that clairfy?
Alex
Customer: replied 1 year ago.
Thanks, ***** ***** can't set aside the judgement, does this mean that I cannot know put a witness statement forward and the case is closed?
Expert:  Ash replied 1 year ago.
Well there is no judgment as yet. So you can give a statement and say why it can't be summary judgment.
Does that help?
Alex
Customer: replied 1 year ago.
I'm confused for me to give a statement I have to file a N244 which is asking to put the judgement aside - which I can't do because the only defence is length of time which does not apply.
Expert:  Ash replied 1 year ago.
You don't have a ccj, they are applying to lift it and get summary judgment. You then file evidence in opposition of that application.
Alex
Customer: replied 1 year ago.
For me to file evidence against the application I would need to file a N244 or will the court contact me further? The only grounds I have is the time they have taken to get back to me which is about 180 days later after the CPR request - a procedural loophole I assume.
Expert:  Ash replied 1 year ago.
No. They file an n244 to make the application and the court notifies you of a hearing. Then you file evidence in response. No needs for an n244
Does that help?
Alex
Customer: replied 1 year ago.
It does, what's confusing me is they have asked for the application to be dealt with no hearing how can I get you to look at all the paper work and advise me further to what recourse I have
Expert:  Ash replied 1 year ago.
The court won't allow summary judgment without a hearing. There will ALWAYS be a Hearing
Does that clarify?
Alex
Customer: replied 1 year ago.
LoL yes it does there is still hope. Can I keep this ticket open until I hear from the court? I can leave you 4 star feedback so you can get credited but I would like to continue this conversation to more forward
Is that OK?
Expert:  Ash replied 1 year ago.
Yes you can rate and then we can chat again if required.
Alex
If this answers your question could I invite you rate my answer before you leave today.
If you don't rate then the site does not pay me for the time I have spent answering your question.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Will do..Thank you so much
Expert:  Ash replied 1 year ago.
Thanks
Alex