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Everything posted by eastlondoner

  1. Just to update this thread; a few days before the hearing, Shoosmiths contacted me and agreed to drop the claim under the proviso that I did not make a counter claim. I accepted and haven't heard anything back as yet. 6 months until SB. I fully expect more twists in the tale. Many thanks for all help on this thread. Sorry for late update.
  2. Hypothetical question ... With the hearing imminent and no agreement, if the solicitors attempt to arrange a dismissal as long as expenses are not claimed, should I take it or have the moment in court?
  3. Just to update the thread; The court experience was not what I was expecting - I have accompanied someone else to a similar hearing to provide moral support in the past, which was in a small room with only the Sheriff present - on this occasion it was in a full court, in front of four solicitors and other defenders. I was extremely nervous, and probably did not make my points as clearly as I would have liked. I explained the scenario, including that Cabot had launched an action to my old address whilst being aware of my current address, and the lack of documents. I prod
  4. Thanks for that Andy, so the small claims expenses rules still apply for a Summary Clause? There wasn't any mention of them in the Summary Cause guidance notes; sorry to be annoying!
  5. I'm just writing my defence for this, which has to be in by the end of the week. Defence so far is on jurisdiction of the court / incorrect address, and I have also received a letter back from Cabot, unsurprisingly saying they do not have my agreement and that they will cease collection activity on the account until they find it. I've been using the excellent information on Deimosboy's thread, but am slightly concerned about the expenses part; on a summary cause these don't seem to be limited and I am worried about how much the claim against me could be if I lose? http://www.co
  6. Gbeard it sounds like you are in exactly the same boat as me. Absolutely ridiculous. The Orange call centre were absolutely no help at all and did not call back as promised with the 'Manager'; I was basically accused of not checking my account properly - despite the account being perfectly up to date and showing no arrears, and being currently in use! I went through the online complaints form, and as expected, I received no reply either. It appears the Orange default was registered to my previous address too, despite my account clearing showing an address change for months previously - t
  7. Thanks for the responses. No the Orange account was not on a direct debit at the time it was upgraded. It's so frustrating. I would never have agreed to the 'upgrade' at all had I known it would been such a nightmare.
  8. Good morning all... I checked my credit files this week, and was rather shocked to see a default registered by Orange, last year for £65. Background is this: I have been an Orange customer for over 15 years, and towards the end of 2014 my handset stopped working and I decided it was time to upgrade and get a new one. Simple, or so I thought. I called Orange from my handset, and was quickly upgraded to a new contract by the representative who told me that my new contract was with EE but that it was all the same company and nothing would change. My account was not in arrears.
  9. Thanks Andy, yes I've read through the links. I'm going to defend it on the basis of wrong address when my correct address was available and no paperwork. Cabot have still not responded to my request last year to write to me at my actual address. I would be happy to leave this and go for a set aside later, but do not have £150.00 to spend on it. Thanks for your help so far.
  10. I'm just posting the info from the claim form that was sent to me at my old address, in the hope that someboy might be able to give me some advice regarding a defence - bearing in mind that I wrote to Cabot before Christmas asking for them to contact me at my current address in the first instance, and they sent my postal order and reponse to first CCA request back to my current address. Many thanks in advance for your help (and for running this fantastic site). CLAIM FORM RECEIVED ** In Scotland ** What is the claim for – the reason they have issued the claim? S
  11. Yes, thats what I suspected Renegadeimp, although I'm still not sure how to proceed with it. Old address is a family member and I really don't want them having to deal with/worry about it.
  12. Thanks Andy. I CCA'd Cabot immediately after this, using the template and enclosing a blank postal order for £1.00. This was returned two days later with a handwritten note and my original letter, saying that it could not be accepted unless made out to Cabot Financial. Meanwhile, on the same day, Shoosmiths served court papers to my old address. I have returned a crossed postal order again citing my current address. Just to reiterate, the OC has always been aware of my current address via my current account, and I have never tried to hide; I had no response to
  13. Hi everyone, haven't been on here for a while but wondered if anyone could lend an ear to this; I defaulted on a Lloyds Credit Card 3 years ago; it was linked to my bank account and I have never tried to hide my address from Lloyds, and still use the current account. I became a student again for a while and didn't hear anything about the card, until recently when I became aware that Cabot were chasing me at an old address. I've since received a forwarded letter sent to my old address from Shoosmiths, giving me 14 days to reach settlement before taking action, bu
  14. Hello everyone, I am wondering if anyone has some advice to give to my extremely worried friend. My friend is not English and thought he had set up a standing order to pay council tax. For some reason this never went through, and unknowingly my friend had run up a council tax arrears bill. No reminders were issued by the council, no court summons arrived, indeed absolutely nothing had arrived to warn about the situation. Then one day last week my friend comes home from work to find the front door of the house has been kicked in and various valuables stolen. The police were calle
  15. Ok...update to this thread... Barclaycard have now sold the lesser of the two accounts. I have recieved a Notice of Assignment from Arrow Global and some threatening letters from Rossendales to my old address ( I have my mail forwarded). Thinking about writing to them and stating my position on the CCA issue, and to let them know where I am living so I can challenge this head on. What does anyone think? Obviously I still haven't seen the CCA for this account. No word at all on the Bcard/Morgan Stanley account. Hope everyone is well!
  16. Great thread...what a read! Well impressed Pinky and following with personal interest. Good Luck!
  17. What a great thread, and welcome to CAG sheena01. There will be lots of people to help you on here. A year ago I felt so desperate about my debts. Since finding this site my mindset has changed completely. How I wish I had found CAG sooner. I feel so much stronger about everything. Publicity for the rights of people in vulnerable debt situations is appallingly low, so thank goodness for the people running this site. Some great ideas on here about generating more publicity for debt issues. I will be happy to lend a hand. Good luck to everyone!
  18. Was surprised to see that there are no defaults on my credit file yet, although the red markers are piling up and it looks pretty trashed. Was still able to open a business bank account with Natwest, which was a major surprise, as I am now working again, another relief! Still no news on either account...
  19. Just read this thread as in a similar position myself with Lloyds and getting nowhere, so filing an N1 with court. If you have water arrears check with your water company to see if they have a customer assistance fund for hardship cases. I know Thames Water do. Good Luck
  20. I haven't heard anything for either Bcards for a while now. Wescot sent me a couple of letters, and I replied explaining that I hadn't received an explanation for the discrepancies on my cca and that the account should be returned to barclaycard. Nothing since...no response to my cpr requests either, so letting sleeping dogs lie for the moment. Anyone else got any news?
  21. From my own experience, I thought that you were entitled to a Back To Work Job grant if you had been signed on for six months or more and got a job. Although, frankly, very few advisers at jobcentres seem aware of this. Ask them. When I signed off I got a travelcard for a month paid for to get me to work, although this was in London. Ask them about the grant, as this would have carried you through to your pay cheque. As with everything involving benefits and the jobcentre, if they get it wrong, the lady you spoke to was pretty right. Get in touch with your MP. Theyll either have a local s
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