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jp2006

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Everything posted by jp2006

  1. The allocation of questionnaire which was sent to them, they wrote the following in Section G What is your estimated costs to date? - £500 What do you estimate your overall costs are likely to be? - £15000.00 I think I mentioned damages, sorry about that, please pass on some advice if possible. I will try to scan these docs from a internet cafe and post them here. Thanks
  2. I received allocation of questionnaire today from the court. I will submit it and wait to see what cabot does. On a side note I have taken some legal advise and my solicitors are on stand by till I ask them for help. Crapbot is going no where with this and I will nail them down.
  3. Hi Slick, thanks for your comments. I have submitted the QA and also received a copy from barclays. To intimidate me more they are claiming £15000 for damages and also want the case to be transferred to Fast Track instead of small claims. I also spoke to the advisor in county court that the case is in judge's file and will be looked into in 6-8 weeks time. lets see what happens. I will then decide if I go for a solicitor. regards
  4. Hi All, phoned my local court today and they said no documents are submitted by crapbot yet, they have just one week left now....will keep you all updated. Thanks
  5. I think Fester although they have been messing about, I will try to keep it simple like I did in my last hearing. I will contact the court today and see if crapbot has submitted their defence. 42man and now you have confirmed about the Deed of Assignment and I will try for it. The only think I am not sure is to how this deed can make a difference, I mean if it says that crapbot took the account on one condition is that they will not provide any documents to the customers etc....I am wrong here then please could you explain a bit more as to what it means and what role will it can paly in my case. Thanks
  6. Hi Fester, last year I was in process of getting a small flat for my self and this is when I realised I have to get everything sorted as soon as possible. I was more angry on cabot as they placed a default on my credit file and early this year it was removed (obviously they realised the matter is now in court). Now as the matter is in court I am sure to get the issue resolved. I am not sure about the next steps, as to what all documents I should collect or how should I prepare more.
  7. Hi Fester/Site Team, In early 2008 I got in touch with Cabot whom I was paying them via a debt management service to provide me with a full statement of account. The outstanding amount told by Cabot was more than what was as per the debt management statement. I then started contacting them to provide me with all the documents and a full account statement to understand the actual amount. For more than a year they messed around by sending me copy of application form and no account statement. I spent lots of money on postage and spend lots of time speaking to them but crapbot refused to provide me details. I then took the case to Financial Ombudsman and they helped me initially but at the end they gave up as well. I then decided I had enough, I will take this matter to the court and get it resolved. The particulars are mentioned in the listing. I know that they are not the best in the world and may be unclear to people but that does not mean crapbot can get away with it. The case was sent to the court. Crapbot never filed an acknowledgement which led me to enter into judgement. crpabot then applied to set the judgement aside and the court order was issued. While in the hearing which was when the defence was submitted by crapbot to set aside the judegment. I clearly mentioned to the judge that I am unable to clarify Total cost of loan, apr, bank charges etc. from what is so far provided. The judge was considerate as I litigating in person and make note of the above points. Hope it should make more sense now to you. Let me know if you are not clear in any part. Thanks
  8. Thanks Fester, thats better. I will post in detail how it all started and where I am at the moment, so you should be able to provide me with more help. Please bear with me.
  9. Fester before going all "aaarrr" read the whole thread and then ask me questions in specific. And if you think you can really help me then be a bit considerate knowing I am new to all this legal thing. There is no point for people coming on this thread along just coz you have a bit more knowledge and shouting YOU WILL NOT WIN, WITHDRAW YOUR CASE etc...... I am happy to answer and co operate people who are determined to help and not wasting everyones asking me to withdraw. My message is simple, I have gone so far and need advise from people, (may be like you) who want me to progress the case further rather than wasting everyones time telling me to withdraw. Thanks
  10. Brent you are totally wrong, the claim was reiterated in my hearing in a very specified manner, which was noted by the DJ and stated that Cabot has not provided enough evidence to prove the Total Cost of credit, Admin charges etc....... And anyway I see your case is tubmling even you show all this so called legal knowledge. I believe my case is NOT wrong and will pursue it further. If you, fester or anyone else has any problems with that then leave my thread and mind your own business I am here to get help and advice not to listen to people like you who think they are the judges of this forum.
  11. If you know what you are asking then what is the point in asking a stupid question?
  12. Thanks slick, I think it will be nil in my case as the claim is under £1500. Is there anything I should keep in mind while filling out allocation of questionnaire and also what will be the next steps? thanks
  13. Hi gurus, I have received allocation of questionnaire from barclay's solicitors. I would like to know if I have to pay fees while submitting it. Also any tips will be helpful. Thanks
  14. hi guys, I have received Court Order which says: 1. Judgement set aside 2. Defendant do file and server Defence and any counterclaim by November 2009 3. Upon receipt of a defence court shall send out an Allocation of Questionnaire Any suggestions as to what else should I prepare for now? Thanks
  15. I am still waiting for the court orders, once I receive it I will attach them to the post here for the SITE TEAM. thanks
  16. thanks slik. I will get this lawpack and will wait for further advice.
  17. please find the documents attached: ImageShack - thanks
  18. Hi slik, I will post them again from the office. This is my another claim which I started against barclaycard and will need a bit of help. thanks
  19. Hi slik, in my case I issued a claim against cabot rather than them taking me to court. Do you think the CPR 31.14 still applies to me. If yes then should I be sending it to cabot or barclaycard? thanks
  20. Hi After months of correspondence with barclaycard to provide me with documents under CCA, I finally stopped paying them. Soon after that I send another CCA requested and this time they skillfully transferred it to robinson and way debt collectors. I then started the same story again asking them to provide me with the cca documents. Robinson way initially replied to me saying they are waiting for their client (barclaycard) to get back to them and for the time being this account is in hold. Two months later, robinsonway sent me an empty credit card application with no signature. It looked like they picked an empty credit agreement, copied it and send it to me. I again asked them that this is not acceptable. While I was in process of correspondence with them barcalycard took half of my salary from my current account (unfortunately this was with barcalys as well). I was furious to find that out as it left me in a position to borrow money from friends and family to pay for the rent and bills. I know I made a stupid mistake keeping the current account with barclays and learned a lesson. I then logged a claim against barclays about their unlawful act and under hand tactics. barclaycard assigned the case to their solicitors lovel who has now filed a defence. I would to know how to proceed further. Please explain in simple terms as although I am involved in another court case with cabot but dont understand all the technical terms. I am attaching the defence The particulars of the claim were below: Account No ---------- I disputed the amount in question with Defendant in FEB 2009 and received a letter next month advising the account is with a debt collection agency. I made the CCA request again to the agency and disputed the account. While I was dealing with the defendant?s debt collection agency, defendant carried out unlawful and deceitful activity by withdrawing money from my bank account without my consent. This incident has caused me exceptional hardship and left me in the brink of losing my home. Defendant has also breached Consumer Credit Act, Debt Collection guidelines and carried out under hand tactics by not providing documents to prove an enforceable agreement exists and taking half of my earning. I have still not received the requested documents and defendant also refused a refund,even thought the account was already in dispute when they took money from my account. I want them to refund my remaining money,refund all the charges with interest and remove any defaults unlawfully place in my credit file.
  21. I think as the proceedings are already started I would need CPR31.16, please correct me if I am wrong? also do I have to sent it now to cabot or wait till I receive the court orders.
  22. Thats really helpful, I am feeling more confident now. I have send them subject access disclosure letter by recorded delivery, I just want to ask if I should send a copy to the court as well? if yes then to my local court where my case is transferred or to northampton who started the claim. thanks
  23. Thanks 42 Sorry to be a bit daft, but does the details mentioned about MBNA applies to barclaycard as an original lender? They submitted Notice of Assignment but not Deed of Assignment, do you think this is something I can still ask from them? Also one important thing which I noticed which made the judge a bit skeptical is when cabot's solicitor mention to the judge "Cabot only take benifits not burdens". Judge said are you sure and is this been test in the court. And th solicitor used some jargon but was not able to convince the judge on this point. Thanks
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