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Everything posted by MissMoodyTwoShoes

  1. I've had a look at form N244 and don't really have a clue how to fill it in (i.e. whether I need to attach a draft order and what it needs to say). Has anyone else completed one of these to have a judgment set aside? I need to get this done urgently, so I'd be grateful if anyone can help. Thanks rockinrodders: You have my sympathy too. It's so frustrating when you have done everything correctly, isn't it. I hope yours gets sorted out eventually.
  2. Hello all. I have just received the following reply to my letter: 'Dear Sir/Madam, With reference to the above case, your letter of 08/09/07 has been considered by the Deputy District Judge who made the following comment: "There is no trace of a letter dated 11/08/07 from you asking that the trial proceed in your absence. There is a letter filing a bundle of papers. Accordingly you will need to file an application notice in form N422 and the relevant fee if you want the court to set aside the order made on 28/08/07 in your absence."' I'm bemused to say the least. All paperwork was posted in the same mailing sack and the letters were attached to the front of a file containing my bundle. The paperwork was received by the court; I have proof of delivery and provided copies of the postal receipts with my last letter but now 'There is no trace...', which obviously translates to: 'We have mislaid your letter but will not admit it.' What is the point of sending something by Recorded/Special Delivery when the court then ignores the proof of delivery. I'm annoyed that I will now have to pay to have the judgment set aside due to the court's error. What happens once I apply to have the judgment set aside? Where do I go from there? I'd be grateful for any advice, as I'm starting to get a tad disheartened. Many thanks.
  3. Hello all. After waiting expectantly for the past week to receive what I thought was going to be good news re my Monument hearing, I discovered today that my claim was struck. I phoned the court today and it seems that this may be an error on the Judge’s part. I was advised to write and request that my claim be reinstated. I have drafted a letter to post tomorrow, and would be very grateful for any feedback or suggestions on improving it. Thanks The Court Manager Edmonton County Court Court House 59 Fore Street Upper Edmonton London N18 2NT 8 September 2007 Miss Moody -v- Monument Claim No: 7QZ59070 Dear Sir or Madam, I am writing in relation to the General Form of Judgment or Order that I received yesterday, which states: ‘… Upon hearing counsel for the defendant with the claimant not attending IT IS ORDERED THAT Action of claimant struck out Dated 28 August 2007’ Seeking clarification on several points related to the above, I phoned the court yesterday and spoke to Mrs. Alabi. I queried whether: The defendant attended the hearing. My claim was automatically struck out due to my non-attendance. I was very surprised when Mrs. Alabi confirmed the above. After I explained the details of my claim, she stated that it may have been erroneously struck out and advised me to write to the court. I understand that this letter will be passed to District Judge Cohen. I am requesting that my claim be reinstated for the following reasons: The defendant did not deliver to me copies of documents on which they intended to rely at the hearing. (As I had not received any two weeks prior to the hearing, I contacted them on more than one occasion to query whether they intended to settle prior to the hearing rather than attending. This was confirmed, including during a phone call just 2 hours or so prior to the hearing. ) On 11 August 2007, I posted the following to the court via Royal Mail Special Delivery (copies of all documents on which I intended to rely were posted to the defendant via the same method on the same day): Copies of all documents on which I intended to rely A cover letter for the above A letter requesting that the case be heard in my absence as I am agoraphobic and was unable to attend; attached was a letter from my psychologist as evidence that I had been receiving treatment. The Notice of Allocation to the Small Claims Track (Hearing) that I received on 22 June 2007 states: ‘Notes If you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of case and other documents you have filed. ‘ The above-listed documents were received by the court on 13 August 2007, which is within the timeframe the court specifies for receipt. As I did not receive any further communication from the court, I naturally assumed that the case would indeed be heard in my absence. I am unsure whether my documents were misplaced by the court or whether District Judge Cohen overlooked my reason for not attending the hearing, but as far as I am aware, I fully complied with the court’s directions. As such, I cannot see any legitimate reason for my claim being struck. For the court’s information, I have enclosed copies of the following: The cover letter I sent with my documents. The letter requesting that the case was heard in my absence. Royal Mail Special Delivery receipt. Royal Mail Special Delivery proof of postage. I have not enclosed copies of all of the documents I previously submitted, due to cost. Should they be required by the court, please notify me and I will send them. I look forward to your response. Yours faithfully, Miss Moody
  4. Update I just phoned Cabot and explained that I received 2 conflicting Notice of Assignment letters and wanted to know which of them is correct. The person I spoke to said that he couldn't tell, and that the debt may have been sold on twice or booked on twice. I insisted that I needed to know, and that I required written confirmation. I asked whether the Notice of Assingment - which is supposedly from Monument - is actually completed and printed by Cabot, and he confirmed this. I then informed him that the account is currently in dispute, and made it clear that I had already informed Cabot during their call to me on 1st June. He agreed that the account should not have been sold, then said there is 'potentially a dispute and it may have to be returned to Monument.' He told me he would note on my account that it is in dispute with a court case pending. He is now passing my details to Cabot's Business Support Team. He said they will look at which Notice of Assignment is correct, and look into whether the debt should have been sold to them. He then said I would receive a call back, possibly today. I asked him to give me a date by which my call will be returned if not today and he said: 'Well, then it should be tomorrow. But I don't know if it will be them or me who calls you. No doubt they will palm it back to me.' Oh my God - they pass the buck? :o Who knew . I'm glad I made the call. Now I guess I just wait...
  5. Hello all. I would be grateful for some advice, please. I apologise if this a little long-winded. I have read some of the Cabot threads, but as I have health problems that affect my concentration, and am currently feeling particularly unwell, I am struggling to concentrate sufficiently well to read all of them or obtain all of the information I need. I have been on an agreed payment plan with Monument for some time (after contacting the CCCS) and was assured that as long as I continued making payments (and I have, via Standing Order), the debt would not be sold. I recently received two letters from Cabot Financial Group, informing me that my Monument account was sold to them. (I should also point out that I have never received a Default Notice from Monument, though a Default is marked on my Experian file.) The first letter is dated 25th May and enclosed was a letter from Monument (or what is intended to look like one *cough* - cynical, me?) also dated 25th May, giving me notice of assignment of the debt. It states that my account was sold to Cabot Financial (UK) Ltd on 16th May 2007, and that the ‘arrangement you agreed with Monument … should be maintained with us.’ On 1st June, I was sitting waiting for a call back from a solicitor regarding another claim, after which I intended to tackle the Monument/Cabot issue. When the phone rang, I was caught off guard by someone at Cabot (they had previously phoned several times but I rarely answer the phone unless I am sure of the caller’s identity). I informed him that not only was I on an agreed payment plan and have not received a Default notice from Monument, the account is currently in dispute over charges and I have issued a County Court Claim. Totally ignoring what I said, he told me that I needed to set up a Direct Debit. Had I been in a better frame of mind, I would have simply informed him that I would not discuss the matter over the phone and would be writing to them. However, as I was feeling so unwell, have difficulty using the phone and dealing with people at such times, and wasn’t sure how I was going to proceed with the whole matter, I gave him my details. I am now kicking myself for having done so. The second letter is dated 6th June and enclosed is another letter from Monument giving me notice of assignment of the debt (also dated 6th June). It states that my account was sold to Cabot Financial (UK) Ltd on 29th May 2007, and - this time making no mention of the agreement I had with Monument - I should contact them to discuss how to resolve the outstanding account. Now I am unsure what to do. The first Direct Debit payment is due on 30th June. I assume that by setting it up, I have acknowledged the debt. Do I leave it for the time being, or cancel it and go ahead with a CCA request / some other course of action? Any help anyone can give me will be most appreciated. Thanks, Moody
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