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leggy123

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  1. Have drafted a letter to the Court and will deliver by hand tomorrow. Can I suggest within the letter to the court, that the order and notice of allocation to the fast track, be considered : Void, suspended, withdrawn,set aside,varied or stayed. Point 7 within the order talks about the right to have the order set aside, varied or stayed. Hope you reply soon so that I can complete my letter to send
  2. Thank you for your previous advice. Claim issue date 17th June 2008. Request for Information to Cabot dated 18th June 2008 Cabot wrote 28th June 2008 advising documents have been ordered and will be..as soon as available. Response from HMCS dated 3rd July 2008 "claimant must inform court within 28 days ...claim stayed..." My defence dated 2nd July stated amongst other things that we had not received the information requested. Things have moved on; I telephoned Northhampton Bulk Centre to enquire how my case was proceeding. They informed me that after receiving the completed Allocation Questionaiire from myself and also one from the Claimant, the case was transferred to my local court. I had not received a Questionnaire. I received a response as follows from Court Services in a letter dated 18th Sept 2008: The claimants solicitor issued the claim on line 17th June 2008, but in error (sic) said they were acting for the defendant.This is how the details were entered onto the computer system at Northampton Bulk Centre. The claim was served on you by the claimants solicitor (Hodsons) and you Acknowledge this and filed your defence with in the time set down The claimants recognised their error(sic) and filed a notice of acting at Northampton, but the information on the computer was not amended. Allocation Questionnaires were sent out by Northampton.( I never received one) The Claimants completed Questionnaire was received by Northampton, but it was marked as coming from the Defendants Solicitor(sic) The case was then transferred to ------- County Court on 14th August and only once we had received the case was the error and confusion realised. The file has been referred to a District Judge at ------- who has made further directions, a copy of which you will receive with in the next week. I am sorry etc. I wrote on the 21st Sept.and confirmed that I had not received an Allocation Questionnaire I have received today 1st Oct a Notice of Fast Track from the district Judge dated 20th Sept.envelope post marked 29th Sept. The order dated 5th Sept. has 7 points The one that has caught my eye is "Because this Order has been made by the Court without considering representation from the parties, the parties have the right to apply to have the order set aside, varied or stayed.A party wishing should.........within 7 days of service of this order....... Question: Do I ask for it to be set aside ,varied or stayed Which one? and is it on the grounds that Cabots failed to provide the documentation within the original time frame?I took previous advice and wrote to the Court advising this. Question; On a procedural matter? I have never filled out an Allocation Questionnaire and the Court has admitted there was an error on Hodsons part.Surley the error should have been brought to the Judge's attention, how can he make an order when clearly the information he received is erroneous? Question; Do I ask for it to be set aside, varied or stayed on both points. Note- I have still not received the infomation originally requested within my letter dated 28th June 2008 to Cabot. Many thanks and I look forward to a response.
  3. I received a county court claim form on dated 17th June from Northhanpton Bulk Centre. Cabot as the claiment and I sent my defence back to the court all in the time specified. Cabot did not respond to any of my requests for documents , statements etc. I have heard nothing and rang the court yesteday and they informed me that nothing was happening with the claim. Cabot had not responded to my defence. What do I do next just sit and wait or can I report them to the Trading Standards. Please advise me.
  4. I have received the letter from CABOTS today , 1st July, deadline for response was tomorrow 2nd July. The letter from them is dated 28.06.2008 and states that they have "ordered all the documents available to us" and as soon as they arrive they will forward them to me, whenever that may be.. In the meantime their helpful customer advisors are available if we have any queries. Is this a blip on thier part to aid my defence in court?
  5. I am useing The Robinson's standard letter. I shall await the response from Cabot to my requests for information before I amend if need be and send off. I note that Cabot have referred to a loan with The Bank of Scotland. The copy of the loan agreement I have in my possession refers to the lender as Capital Bank PLC. Comments please?
  6. Thank you so much. I have plenty to get my teeth into. Will respond after I have digested it all!!
  7. Mislead you, the lower part of the agreement is blanked off so the document sent to me does not show signatures etc. No letter specifically stating that "I have defaulted and Count Court Action is to be taken".Just threats over the years more recently in April 08 Decided to defend action in full. Have made offers before to both assignees, stated "without prejudice", no response ,no counter offer.The £6,000.00 was just a thought as a settlement offer. As I say I am defending in full.I have made no offer in response to CC Claim form, or to Cabot since May 2008.There is no period six years or over to bar action. Defence is based upon the unfairness of the loan , RBOS either failed to do a credit check or if they did they ignored it. Akin to the sub prime lending problem at the moment. I have typed up the defence and scheduled docs( letters) I intend to rely upon in my defence. Any advice welcome
  8. Has anybody got any advice, will be defending my case in court. A week has passed since we i wrote to Cabot requesting Information. Heard nothing as yet.
  9. Date of original loan September 1997 Advance £15000 Insurance 1545.00 Charge £12542.50 The loan is in joint names and has been sold from original Capital Bank to Blair, Oliver, Scott and finally to Cabot on 11th July 2006 At the time I had financial difficulties and subsequently entered into an IVA arrangement in 1999 for these debts. I did not include the Capital Bank as this was joint, so that my husband was not involved. I was discharged successfully from the IVA. We had to inrease our mortgage to close the IVA. Repayments were made by my husband on the Capital Bank loan up to about 2 yrs ago. Although it was a token amt. it was agreed by the creditors. We made 2 offers of settlement to Blair Oliver Scott of £5000 from a third party. We have made 2 offers to Cabot of £2000 by a third party, no acknowledgement of these were made. We then received the Claim Form from the County Court in Nottingham. I have gone x directory because of the phone calls we were receiving daily and messages being left from Peter anderson. Since my husband stopped paying, all correspondence has been directed to me and my name is on the claim form. We have sent the letter , requesting discovery of documents, as advised. We recognise the 14 days and will return the form, in the meantime requesting a further 14days extension, due to our admitting only part of the claim. I guesstimate £6000, but I'm not sure how the CC will view this. particulars of Claim as follows; The claimant is part of the Cabot Financial Group and has purchased the debt schedules below. Despite requests for payment the Defendant has failed to pay the sum of £18947.58 in relation to the Defendant's Bank of Scotland Loan account number .... And the claimant claims : the sum of 19257.58 together with interest under section 69 of the Count Courts Act 1984 and costs
  10. Loan unsecured taken out September 1997- (jointly )with royal Bank of Scotland. RBOS would have taken out a credit search and discovered other creditors at the time. amt £15000 Int. £12552.50 Ins £1545.00 Sold to Blair, Oliver , Scott Ltd and then to Cabot 11th July 2006 Pymts to date £11000 Last pymt made 2 yrs ago all by Husband, since then all correspondence addressed to me,Not joint. At time of loan I had other debts, not joint, which was resolved with an I.V.A. I(we) are paying off via enhanced mortgage. There were reasons for not wrapping up debt in the IVA. I am where I am. I have made several offers of payments to settle.( 5K) with no direct response.The last one being in June (£2K ) to which there was no direct response Cabot threatened legal action via solicitor Hodsons and two weeks later county court papers arrived. We had no prior notification of this happening, only threat (may) in solicitors letter. I consider the interest charge extortionate any advise is welcolme
  11. They already have found me .I have received a court order through stating I owe them £19000. The debt was for !5000 plus 15000interest.I have paid £11000 and have offered them a settlement figure of £5K, Not accepting it
  12. Not sure what you mean by phising? checked equifax and can't see anything there. Would my credit file still hold the debt to RBS of 1997 if stillowed? Many Thanks
  13. have been delving into my experian file , Application type:Unrecorded enquiry,,, Can they do this? Also the debt I refer to is 11yrs old and is no lnger on my credit file as outstanding debt. Why??
  14. I have posted the letter and just been to CAB. After waiting 2 hours, I eventually saw someone who really could not advise. She told me to ring Cabot because I had not received any acknowledgement regarding an offer to them. She told me that would put me in a better position in court. I said that the last thing we wanted was a charging order and she was n't sure if they could do that, I know they can and that's what I want to avoid. We would like to settle out of court and offer a settlement but they don't want that. they seem to be after the full amount £19000, which agaim may I stress is all interest charges. I have been looking at past papers and I noticed the CCA which they sent me has no signature on the bottom. Also 4 offers of settlement have been made , 2 to Balir, Oliver , scott ltd and 2 to Cabot as mentioned. Why won't they at least consider a compromise?? I suppose they are entitled to the full amt. Never thought it would get this far and although I want to defend my case, I am very nervous.
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