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PossVox

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  1. Hi Rhia, just what I thought. The vexatious action will no doubt form part of my defence? It was Hodson's who wrote to me. I sent the CPR request/CCa request/Stat Barred letters to both crapot and hodson's to no avail. Thanks for all your help so far, PV
  2. Hi again! Been going through my files and I have a letter from crapot, dated mid-november 2008, stating that they can't find the cca and that "your account will remain on hold until further notice". Surely they are acknowledging that the account is in dispute and therefore cannot proceed with any collection activities, never mind court action!? I've also checked my old credit report from 2004 and the Kings Hill No.1 default was October 2000, not 2001 as I thought, that's over 8 years ago! As I said before, it's not on my file anymore. I wish I could show the DJ this info before he makes a decision! PV
  3. Yes it's WAR alright! I tell everyone I know about CAG, it's helped quite a few of my friends out of sticky situations. It's just the waiting that really gets to me...feel fine when I'm firing letters off etc. I've won a couple of battles, Red/Lowells last year (stat barred/no cca), and a cabot one 3 weeks ago (stat barred/no cca). Guess I got a little complacent! PV
  4. Hi DonkeyB, Thanks for the links, very interesting reading. I'm tempted to phone mbna this afternoon and see what they have to say. All this stuff is doing my head in! PV
  5. Thanks! Please stick with me on this, I'm out of my depth here! I'll post up as soon as the DJ has let be known his decision. Really appreciate this. PV
  6. Haha! I know what you mean but.... I think I will have a reasonable defence if he does? Standby. PV p.s. The original default in 2000 was for £3k and they're claiming almost £8k... what would a DJ think about that?
  7. Hi, The clerk at the CC said to call back on Friday to see if a decision has been made by the DJ. I'll let you know. Thanks for all your help with this and to HAS too. PV
  8. Hi HAS! Thanks for looking in. Missed one of CCM's questions: You should now be getting an AQ to fill in, have you got this? if so what date must you file it by? Clerk of The Court told me on the phone today that a DJ will look at the file from Northampton and decide on whether to proceed with a hearing, stay the claim or dismiss it. So, no AQ yet. I'd love to counter claim and kick these muppets where it hurts! PV
  9. 1. have you had a copy of the agreement? No. Sent CCA request in September. Last letter from Crapot was November stating that they haven't found it and my account on hold. 2. have you had a letter before action? No. Account was in dispute (as I stated it was stat barred and they said not) and the week after they put the claim into Northampton. 3. earlier capquest was mentioned, what was/is their invovement? Capquest are NOT involved, never have been. 4. have you had a notice of assignment from both the original creditor and cabot and capquest, if they were involved? Received an NOA--THE DAY AFTER the date on Crapot's court claim-- allegedly from MBNA but looks like Crapot wrote it. No NOA from Crapot ever! 5. what date does the alledged account date from roughly? Card would have been taken out around 1997/98. Notice of default is dated October 2000 on my credit report from 2004. Not on my file at all now. I was advised not to "poke the sleeping bear" when it all went quiet in September last... hindsight is a wonderful thing! Thanks PV
  10. Thanks CCM, I really do appreciate your help. I'm away from the computer between 6 and 8pm this evening but I'll be glued to the screen after that! PV
  11. All I put in my defence was: I defend the claim in full. That, despite requests, I have received no paperwork/other evidence from cabot to substantiate their claim. The debt, should it exist, is statute barred and my credit files are clean. Stupidly, I didn't keep a copy of my defence for myself! Duh! Hope that info helps. Ta. PV
  12. Thanks for taking the time for me. I'm bricking it to be honest, I'd like to nip it in the bud! Basically, last July, I told Crapot it's a Stat Barred debt, they replied stating that I made a payment on X th May 2004 (they didn't bother sending any proof of payment though). I also CCA'd them at the same time, they have sent the usual "we are working hard..." etc letters but no CCA. Then they put the claim in against me at Northampton BCC and I received a NOA, allegedly from MBNA, THE DAY AFTER the CC Claim! I put in a basic defence and the case was stayed. I requested documentation under CPR 31.14---TWICE--I heard nothing. Crapot wrote in November stating my "account" is on hold as they haven't found a CCA yet. Today I get notice that they have had the stay removed and moved the case to my local CC. Hope that helps! PV p.s. This debt shows up as defaulted by Kings Hill No.1 in October 2000 and is no longer on my credit file (now, if I HAD made a payment in 2004, surely it would still be there? Thanks again, PV
  13. Hi CCM, Thanks for the reply. Do you think it is worth paying the £75? Is it a DJ who looks at it? No AQ yet, the clerk at County Court said that a DJ would look at the claim this week and decide whether to let it proceed, stay it or throw it out. I'll try and post up the PoC a.s.a.p. PV
  14. Maybe I should write to Crapot and remind them that, since they have placed my account on hold, due to them not providing a CCA as requested, that they cannot proceed with legal action as the account remains in serious dispute? Just a thought. Anyone? PV
  15. Just been through my file and I have already sent an "ACCOUNT IN SERIOUS DISPUTE" letter back in October! PV
  16. Hi, I just read my CPR 31.14 request sent to Cabot and this paragraph interests me... "If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully" Since Cabot have not responded to my 31.14 AT ALL, does this mean I can write to the court and ask for the case to be struck out? Would it be worth sending Cabot an "ACCOUNT IN SERIOUS DISPUTE" letter as I beleieve that non-compliance with a CCA request (requested in September) means that they cannot take court action? PV
  17. Hi, It's been quite while since I last updated this thread but there has been nothing more to report until today! I sent a CPR request to Cabot twice in September and they chose to completely ignore these, they did responded to a CCA request sent at the same time, but not until November. In November they stated that they had been unable to find the paperwork and that my account was on hold. This morning I received a notice of transfer of the court claim from Northampton Bulk CC to my local court. I phoned my local court and was informed that the stay was lifted at Northampton and transferred yesterday. I was told that a District Judge will make a decision as to whether the case should be heard, stayed or dismissed, this decision should be made in the next 7 days. HELP PLEASE!!!!! PV
  18. Hi there, Well it's been a while but today WE HAVE A RESULT!!! The first of the 2 PPI claims we sent in to BOS has come back with the following breakdown: The loan is fully paid off and we have asked that any defaults are removed from the CRAs-BOS have agreed to this. Refund of premiums paid: £360 Refund of interest: £250 Total refund: £610 Less outsatanding balance: £550 (the balance that we were chased by FIVE DCAs for that is!!!) Refund to us: £60 PLUS £220 which is 8% compensatory interest! THANKS FOR ALL YOUR HELP!!! CAG WINS AGAIN. We now await a decision on PPI number 2! PV
  19. Glad you can see it now (How stupid am I?!). We shall send an account in dispute letter to Wescot and state that we don't know how much the charges amount to or how much the PPI cost as it was attached to the loan total. We shall state that we await a definitive response from HBOS/Britannia as to these matters. Would that be OK? Thanks PV p.s. Britannia sent out an annual statement on one of the loans, covering the period 1/10/08 to 18/10/08, but it merely stated the disputed balance and made no mention of charges or PPI.
  20. Hello! Sorry PB, I moved the file when tidying up earlier! It should be visible now. Apologies and thanks. PV
  21. Hi PB, Thanks for looking in again. I wasn't logged in to CAG... can you see the letter now? If not, then i'll PM you with it. Ta, PV
  22. Hi, Just an update. Received this letter from Westcot this morning: They seem to be phishing for info here and it also seems that they want us to do their job for them! Is there a good letter to send to them please? Or do we simply ignore them as we haven't heard anything from the OC as yet? Thanks PV
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