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Makthedon

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  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. I deny any indebtedness to the claimant. I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim. Until I receive these documents I am unsure as to exactly what the claimant's claim is for and am finding it difficult to file a full and complete defence under the circumstances. The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of fourteen (14) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim. The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.
  3. Morning, The Court has allowed us to scan the defence over correctly signed and this will be submitted against the claim today before any further action is instigated on the claim. Thanks for your help so far.
  4. Name of the Claimant ? CABOT FINANCIAL UK Date of issue– . 08 JANUARY 2015 Date of def filing - 09 FEBRUARY 2015 What is the claim for – The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Vanquis dated on or about Mar 23 2011 and assigned to the Claimant on Mar 12 2014 in the sum of 2533.25 Particulars a/c no xxxxxxxxxxxxxxxx DATE ITEM VALUE 17/12/2014 Default Balance 2533.25 Post Refrl Cr NIL TOTAL 2533.25 What is the value of the claim? 2533.25 Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? CC When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? .... What was the date of your last payment? Don't Know - approx 02/13 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No
  5. Hi, Thanks for your reply. I will call the court at 8.30 this morning, we only opened the letter yesterday evening when we got home.
  6. Hi all, My wife had a claim from Restons on behalf of Cabot for an alleged outstanding debt. We decided to defend and entered her defence on the 09/02/14. Unfortunately I was completing the defence form online and signed it in my name as an authorised person - me thinking she needed to authorise me not the court - school boy error. The defence was rejected and we are now out of time. As yet no judgement has taken place. We had sent the CPR31.14 request, which Restons did not comply with, and this was the basis of our defence as we had no paper work to suggest that the claimant claims were legitimate and was asking for either additional time for Restons to supply the requested information or for the claim to be stayed. Does this error really allow the court to dismiss our defence no matter how relevant or can we do anything to re-instate the defence lawfully or get any pending judgement set aside so that our defence can be entered correctly? Any and all advice will be much appreciated. Thanks.
  7. HI yeslek, You can claim form an old account, no probs. We are in the middle of doing so right now, well we've filed our claim and are just waiting for the Halifax to raise their defense. Go for it!!
  8. Thanks very much Mechs, hopefully there will be a nice surprise waiting for us when we get home. (Maybe even before we go!!)
  9. Sorry, just phoned the money claim helpline. Apparently with the timescales involved, they have until the 26th June to file a defence and then I have 19 days to respond after that, there shouldn't be a problem.
  10. I am away on holiday from sunday for two weeks. What is the procedure form here on in? If I receive settlement whilst i'm away do I have a deadline to halt proceedings? If the settlement arrives and I don't respond quickly enough is there a chance it would go to court anyway, and would it appear unfavourable that I haven't responded? Basically, what could the implications be for me being out of the country for two weeks?
  11. Thanks for your reply Mechs. I have had a look back at the letters I have sent them and I haven't requested payment in the form of a cheque, but how else are they meant to pay me with no account to be payed into?
  12. Thanks for your reply, Hagenuk, makes me feel a little better!!
  13. Just noticed this thread, the claim number on here does provide a link between your username and your real identity for the banks. Wouldn't it be easy for the banks to get a feel of the person they are dealing with from everyones individual threads, treating the super confident legal eagle with slightly more respect than those of us who haven't got a real grasp of everthing that's going on. I however has just finished studying corporate law, financial law, and any other form of law you can possibly think of......Banks beware!!!
  14. It is very easy for the banks we are claiming from to identify us after we have advertised our claim number in the litigation section. Would the banks be monitoring this site, and based on their assumed competence of the indivdual,by questions asked in individual threads, choose how long to delay in payment hoping a less confident person may get cold feet? This has probably been covered, but do you think the banks are monitoring this site?
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