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  1. Yes, I did but just wanted to make sure when I can submit the claim. Will present in court on the day. Many thanks.
  2. Thanks everyone but just one last question. How far in advance do I need to file a claim at court? Is 24 hours sufficient ie the day before the hearing. Your help is valued.
  3. Can anyone confirm the current costs that I can claim for as a LIP to set aside a SD? Thanks
  4. Have a look at my thread on Nwide - very similar to your case and they were allowed to amend POC and issue an amended DN. This went all the way to court where we lost but not without a good fight. If we'd had the energy and funds it was very tempting to take it to appeal but decided not to in the end. Our case was very much based on the "balance of probabilities" and the judge found for the claimant in the end. Now paying the CCJ but at a very reasonable amount I am glad to say.
  5. Hi BB I originally CCAd Cap One back in late 2008 and placed the account in dispute in Dec 2008 as they were unable to comply. In the interim there have been some quiet periods interspersed with periods of activity with various DCAs and/or solicitors and the best anyone has been able to come up with is an application form. Cabot are proving a little more tenacious and just keep repeating the same old drivel - the CPUTR request was an attempt to force the issue but they have chosen to ignore it completely.
  6. Hi all and thanks for your responses. Boo, the OC is Capital One (credit card) and the amount is over £10,000 so if it did go to court would hit FT not small claims. P1 - to whom do I complain? Cabot presumably but anyone else? This is blatant disregard to my request and yes I am not amused at their allegation of debt avoidance. Hatesdebt - keep us posted - do you have a link? Would be very interested to see their response.
  7. This account with Cap 1 was originally place in dispute in December 2008 and in the interim has been handled by various DCAs/Solicitors. I have sent the usual SARs which have only ever produced an application form and they have all backed off. Earlier in the year the account was assigned to Cabot. In the meantime I have continued to remind Cabot the documentation I have received from Cap 1 fails section 78 and 61a and 127 of the CCA and I gave them 7 days to produce a copy of the executable agreement. A response followed in some months later in which they stated all obligations under Section 77/78 had been fulfilled and as such there was no reason to dispute the account or failure on my part to repay. I followed this through with a request under CPUTR 2008 in which I categorically asked "will you confirm and state clearly whether either yourselves of Capital One currently hold, or have ever held, a properly executed Consumer Credit Agreement pertaining to this account under the CPUTR Regs 2008" This is their response and any advice would be appreciated. Many thankscab.pdf
  8. Hi Sev Thanks for your interest but I did seek advice from a barrister whose initial reaction was to agree with the judge's decision. After much pondering and deliberation we have decided not to appeal although still smarting at the decision. I just feel Nwide/Esheds have been given so much free reign over this case and managed to get a verdict on the basis of a recon and a compliant DN which was issued during a stay in proceedings. I really don't think this was the intention of Waksman. If I had loads of money and loads of time would definitely have gone for an appeal but I don't have much of either although it would have been interesting to see the outcome. The CCJ is unfortunate but I'm not in the market for credit any longer and the whole experience has been stressful to say the least. Good luck with yours if you do appeal - I have read your thread and your case seems very polished. Panty
  9. Sorry SB can understand your frustration having been in court myself last week. Seems more and more leniency being shown to the creditors. Well done so far, at least you put up a good case but I know how you feel - after this length of time you feel at though you do deserve some outcome. Keep us posted P
  10. Thanks Brigadier but do you know what the tolerance level would be for repayment on a CCJ?
  11. hi brigadier How long is extraordinarily long? Just trying to get some idea of degrees of tolerance. Do you know how long will be tolerated to pay a CCJ? Many thanks
  12. Hi SB Thanks for your sentiments and good luck with your endeavours - I have been following you on the difference between CPR31.14 etc thread. It's tough but don't go down without a good scrap.
  13. Lost:-x but not without a good battle. Counsel couldn't understand first thing this am why it had been listed for a whole day as she was of the opinion it wouldn't take long. That is until we got in to the court room and battle began. Their case was based purely on sec 77/78 and the recon and the effective DN they managed to send whilst the case was stayed. Put forward strong counter arguments re the variation in interest rate on the recon compared to statements, section 61/65, loss of benefit of 127, previous 2 dodgy DNs, failure to comply with 31.14 but all to no avail. Judge in the end was satisfied that the recon with its terms and conditions together with the signed application form was sufficient for the purposes of this case so all other objections paled in to insignificance. In his summing up he thanked me for a very well presented case and was swayed by many of my arguments but he had to be satisfied with the recon. Have asked for permission to appeal as I decide the best way forward. Don't think I could have fought a better fight but need time to think as there is a lot at stake on this one. Would need legal representation as well - the recon would need a forensic analysis almost and I don't think I have the expertise for that.
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