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unknown Cabot/mortimer CCJ CITI Debt - set asde ok now new hearing ***Claim Dismissed by Consent***


sjp1976
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I'd attend, if only for peace of mind. Bit late in the day to be requesting its heard on the papers alone and the other side appear to be either inept or sitting pretty in the knowledge that the dj cannot go beyond the terms of consent which can be disposed of at the hearing. Assuming both parties engrossed [signed] the order its pretty much a done deal.

 

Why did it opt for consent to dismiss?......... there are instances where the other side has pursued a costs order on sct discontinued cases, in this instance the other side paid the trial fee which its now out of time to recover so it relies on the court sealing the order with no further cost or risk. I can only assume it realised its case was very weak and believed the court may stamp down hard on its nuts if it threw the towel in and discontinued.

 

Sound the judge out first though, if the other side don't appear s/he may be minded to strike out their soc in entirety, if s/he does........ask for your costs.

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Hi,

 

Thanks Mark for the posting.

 

The Court office called earlier and said the Consent Order has been granted by the DJ and that I was not required to attend tomorrow. Good result :-)

 

I think the nightmare is over :-)

 

Thanks to all for all the help along the way.

 

Thanks

SJP

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  • 2 years later...

Hi,

 

Well over two years have passed and last week I received calls from Cabot which I ignored, today I received a letter as follows:-

 

"Dear xxxx xxxxxxxx

 

Welcome back to Cabot

 

Your account has returned to us from our solicitors where a County Court Judgement was obtained."

 

The letter just shows a balance apparently due with ways to pay.

 

I phoned them and told them the history of the case with the original CCJ being removed by the Court and a Consent signed via the Court which seemed to come as a surprise to them. I told them they had no chance on earth and that every letter would be simply copied, returned along with my fee to them. They person I spoke to has logged this as a complaint.

 

I'm guessing the lot is now clearly statute barred given the dates, even with a short period where they did manage to stick a CCJ on me?

 

Anyone with any thoughts or advice please?

 

Thanks

SJP

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If its statute barred ignore them...but retain their letters for future use.

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stop following stupid FMoTL websites too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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