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Brent-London

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About Brent-London

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  1. There is no "delete" function there that I can see, and it will not accept a blank post to replace the old one....
  2. That says "report post" - what does that do? Cant see how that would delete it, unless its against the terms of use...
  3. I have been trying to find on any of the HELP indexes about how to: 1. Delete threads I have started 2. Delete posts 3. Delete my account I have come to an agreement with some of the parties I have been in dispute with about this issue, and it is essential that I remove some posts from this forum Can someone please advise? I have sent 3 messages to the site hosts but have had no reply whatsoever.
  4. Yes - they certainly will not let it go without a hearing, so its pretty unavoidable I think.
  5. The rest of the note is acceptable but it should form part of your AQ, rather than a separate letter. I assume you have made reference to the "attached letter" in your AQ answers? if not you should. As for the strikeout - you are free to make that application at any time. There WILL however, be a hearing for the application where the law will be argued. So either way if Cabot push it you will have to go to hearing. Its nothing to worry about. But he main thing is they are being VERY cheeky requesting that its not dealt with on the small claims track. You need to point out
  6. If you are making a strikeout application you will need to use the correct form - an application notice, N244 - and pay the fee (£75) unless you are requesting that the court strike it out of their own volition, which is a different part of the CPR. A letter is not the most appropriate way to do this as it will not be actioned unless its in the right form, and certainly not without payment of the fee.
  7. What UTTER RUBBISH!!! I got back to what I said before - IGNORE THESE CLOWNS! You CANNOT be "sanctioned" by a court or anyone else for failing to respond to demands for payment of a debt that is legally unenforceable! They are just trying to scare you.
  8. Well - if the debt is unenforceable at law, its unenforceable. End of story. Its not for the debtor to tell the collector that. They should know! Its of no legal significance if you tell them or not. The judge would not even consider that in his decision. Its legally irrelevant. The only relevance a letter like that would have would be if you were bringing an harassment case - then, you would need proof that you had warned them their actions were causing you distress and they had no right to do it. Also, if you were bringing a case to have your data removed from a CRA. But Cabot
  9. If nothing has been provided after a s.78 request, then yes, they are in default. But remember, this can be remedied by provision of the data at any time, so its in no way complete defence. As for making anything "void" by changing the name - I'm sure Cabot will say it was you who did that, but that's for them to prove - IF it goes to court! Sometimes, details can be changed for legitimate reasons (eg: they just got your name wrong). I don't think that itself would invalidate the agreement if it can be shown that you accepted it and got a card etc. Changes to the date would be of
  10. All of this is completely irrelevant - there is NO COURT CASE on foot at the moment right? You have a perfect defence in terms of the lack of prescribed terms anyway. So just ignore them - engaging with Cabot in any way shape of form and trying to get them to see reason is a pointless waste of your time. I know from experience! Unless and until they ACTUALLY issue court proceedings (which is unlikely!) just file the letters and ignore them.
  11. My advice is to just IGNORE them. If they really think they have a case, they will take you to court. Engaging with the likes of Cabot by sending letters back and forth just stresses you out for no good reason. Ignore it. It may well go away if they know they have no case. If they are stupid enough to launch court action - which will COST them so they are trying to bully you in the meantime - you have a perfect defence (no prescribed terms) DO NOT speak to them on the phone FILE their letters but DO NOT reply. Its the best approach!
  12. You need to take this bit out unless you are applying for their case to be struck out? Im assuming you are just lodging a defence at this stage? This was part of my application to strike out which is why I worded it that way.
  13. Interesting - but I note that section 196(3) says it may be "left at the last known place of abode..." Here: (3)Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the l
  14. Good one - now its just a waiting game for a couple of weeks!
  15. Here's the strikeout application I used. Obviously, you need to adapt it for your own case, and of course you will be asking that the "Claimant's particulars of claim" be struck out - not the defendants (Cabot were defendants in my case as they made a counter claim against me). I suggest you lodge it AFTER your defence, so that the case is transferred to your local court for hearing. To lodge an application yo need form N244 - available from the court service website. There is a £75 fee which is fully recoverable from the other side when you win.
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