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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
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Cabot chasing old RBS credit card 'debt'


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yeah, probably working on 10th Jan 2017 for SB? don't want to appear an idiot, make a fool of myself and come home with a CCJ. Before that date my defence would be incorrect paperwork, so am gearing myself up now.

 

Thank you

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  • 2 months later...
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Hi,

 

All has been quiet for a while and I am preparing for SB.

 

Rightly or wrongly in a moment of panic I replied to Cabot's correspondence advising

I believed the credit agreement was legally unenforceable,

the account was in an unresolved dispute with RBS before it was sold

and consequently I did not acknowledge any debt to their company.

 

I need to ask a silly question,

 

what defines "acknowledging" the debt?

 

Does the fact I have talked about it mean I have acknowledged it?

 

Though I have never admitted I owe the money.

 

Many Thanks

G

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:frusty:

you didn't sign it did you ?

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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what part of never play letter tennis with a dca did you not follow...............

 

I suspect that if that got before a judge it would be classed as ackin the debt AND RESETTING THE CLOCK

 

id let it run

 

what ever head fit made you do such a stupid ting...

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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ok I get I'm stupid, but how telling them the debt was in dispute before it was sold and I do not acknowledge any debt to them admitting it? I am confused, Can I send the SB letter if they contact me again?

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no you don't send any SB letters.

 

 

if they are stupid enough to file a claim form

the SB defence will kill it dead

but don't fire that arrow until needed.

 

you wrote about the debt

so are acknowledging there is a debt

regardless to if its in dispute or not.

 

as with all communication s with a DCA

you don't ever tell them anything they don't already know

that's their job to find it out

not yours to tell them.

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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next bloke next desk in a diff coloured skirt using the same printer

all designed to kid you it s going up a chain.

 

 

no such thing as a collection dept at a DCA any way.

just silly spoof names

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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  • 1 month later...

Happy New Year

 

One of my cards is now over 6 years and a month since last payment and I am ignoring all correspondence from Cabot. I was thinking of sending a CCA request when I feel cornered, would there be any point now in asking for a CCA for the Stat Barred one?

 

Many Thanks

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statute barred is the end of it once you tell them, heard they have hounded somebody after 11 years statute barred, after court threat ran away as breaking all regs on the said subject, these dirty cretins need capping, the dirty trade allowed by dirty governments.

 

they use to have special hospitals for these type people but they let them out onto society hence lowering of standards in commerce,

 

other will respond no doubt to your question. bad day

 

seems the answer already given in a different post, read and digest

:mad2::-x:jaw::sad:
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as post 57

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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I agree with you, these "legalised crooks" shouldn't be allowed to become millionaires in this manner.

 

I am not telling them it's SB until I get the notice before claim form and I still need to buy time for my other one.

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matters not if its enforceable CCA wise or not if you are claiming SB.

 

the thing to remember is that in England and wales

even if a debt is statute barred

all that does it prevents whomever owns the debt from enforcing any court judgement or threatening court action

 

the debt itself still exists and they can ask for payment

and you

can equally ask them to go away.

 

but best to simply ignore

or send the FCA CONC letter

 

but you never ever ignore a claimform.

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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  • 5 months later...

Hi,

it's been a while

 

I am now passed my sell by date (Statute Barred) including 1 month after last payment.

 

Can I relax now ?

Someone told me they can obtain a claim form and have 6 months to serve them.

 

I received a letter in May advising they would continue to pursue debt , but have not received letter before action.

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Rubbish

As post 65

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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Cheers dx thought as much,

you work very hard ,

enjoy the nice weather.

 

Think I can handle it from here and I appreciate all your help and support from CAG.

 

It empowers us to stay strong and fight the them

 

Will donate!

 

Wine o clock time

 

All the best x

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