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Normal_For_Norfolk

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Everything posted by Normal_For_Norfolk

  1. I have this morning received, from their solicitors, a 'received your defence & matter placed on hold' along with an offer of a 'Tomlin' for 1/2 the amount with costs. I don't want to breech forum etiquette so should i start a new thread or continue this one? Am I right in assuming the offer of a Tomlin means they realise they should not have initiated a court claim whilst a Sec.78/CCA was 'running'?
  2. You say it will be 'stayed' after 33 days, even though they submitted the Claim before the 14 working days period of the CCA request was fulfilled?
  3. Name of the Claimant ? Cabot Date of issue: 05.02.16 POC: 1.By an agreement between Capital One & the Defendant on or around the 18/01/2008 ('the Agreement')Capital one agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £642.76 What is the value of the claim? £642.76 (£772.6 with costs) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot, Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so but will check. Did you receive a Default Notice from the original creditor? Yes. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not as far as I am aware. Why did you cease payments? Can't remember, probably fees that I felt no moral compunction to pay. What was the date of your last payment? Feb 2010, i think. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No. ------ I submitted a defense online straightaway, on the 10.02.16 simply because if I don't deal with such things asap then they tend to get forgotten. With Hindsight I shouldn't have. Should I now submit the CPR?
  4. On the 10.02.16 I received this : (thanks for not letting me insert a photo, guys, that's a great help, please see attach.) I fired back a defense: ---------------- Of course I simply copypasted the above defence from this forum and assumed that a CPR and a Sec.78 request were one in the same thing. Further reading of this forum informed me that they are, infact, two quite separate and distinct beasts. As I say in my defence , I submitted a CCA on the 21.01 to which they still haven't replied, choosing instead to go to court whilst i waited for them to get back to me. So I seem to have submitted an incorrect defense. What would be the best course of action for me to take? Send in a belated CPR? Not kick sleeping dogs? Write to the court and apologise profusely for my misleading statement? Any advice gratefully accepted, I am well and truly out of my depth with the 'waters' of the cloaca lapping my nostrils.
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