grafter123
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Hi Folks, I had a Cabot debt in 2014 and I sent them the 'I do not acknowledge any debt' letter, They upheld my complaint (attached), but have recently tried to persue me again. (letters attached). I challenged / complained them and they have sent me a cheque for £50. What do I do (is it a catch?): 1. Cash it, 2. Send it back, 3. Try to get more compo from them? Regards £50 chequel.pdf make an offer.pdf welcome back.pdf upheld.pdf
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Your advice was invaluable and not a waste of time, thank you all for your help. I was forced to take pro help as you never came back to me with a defense/help as promised and asked for. You did not respond to my messages for help with a defense. What else was I supposed to do? Are you begrudging anyone who goes to a solicitor? My advice is true, I am living proof. My case has been discontinued and a consent order filed with the cc -all fees paid for, it did not cost me a penny. Quote: A consent order dismissing a claim operates as a final judgment determining all of the issues in the claim in the favour of the defendant. The claimant who has agreed to the dismissal of its claim is very unlikely to be able to re-open matters. “The bringing of a claim or the raising of a defence in later proceedings may, without more, amount to abuse if the court is satisfied (the onus being on the party alleging abuse) that the claim or defence should have been raised in earlier proceedings if it was to be raised at all… It is, however, wrong to hold that because a matter could have been raised in earlier proceedings it should have been… That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved a nd also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.”
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I paid for professional legal advice and my defense was simply a one liner , 'abuse of the process' as a previous cc claim for the same had been discontinued by Marlin. Marlin also paid my legal costs and filed a consent order with the cc. Advice for anyone who has had a cc claim discontinued - if they come after you with another cc claim for the same just use the 'abuse of the process' defense.
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It is a legal document that is legaly binding. They can't come after you again
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SUCCESS Marlin discontinued again. My defense stopped them proceeding. If someone has previously discontinued a cc against you they can't have 2bites of the cherry. Abuse of the system.A consent order is filed with cc stoping all future claims. SUCCESS.
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SUCCESS Marlin Capital have discontinued their claim and filed a consent order with the cc. My defence was a winner.
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I settled by mediation to pay £20 a month. Also negotiated a few hundred pounds off the amount.
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Hi Andy, The N180 has arrived. Regards
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I will leave you in peace now. Thank you very much for the help and advice. Acknowledgment has been submitted and I will await your valued advise on my best course of action. Thank you very much.
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Last question, I ticked 'defend all' and submitted the form but realised that I have also ticked the 'contest jurisdiction' box. Have I messed up?
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Just enrolled on MCOL, still gives me the same optons to tick - defend all, defend part or contest jurisdiction? Defend all or Part are mandatory
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Hi Andy, The acknowledgement (attached) has to be ticked as appropriate, 1 defend all, 2 defend part or 3 contest jurisdiction? it the says 'file a defence within 28 days' or 'file an application within 14 days'?
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Hi Andy, sorry to sound stupid, but when I acknowledge the court form do I need to admit debt or defend all etc?
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Hi Andy, I don,'t understand how they can add an additional 7k? Can I still do a deal to pay the 16k (installments)and avoid court?
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Hi Andy, I have received a court form today (uploaded). The amount claimed has jumped from 16k to over 23k? Their discontinued CC Claim 12 months ago was for only 16k. I have had no reply from my Sect78 request sent 8 May. I will acknowledge the CC form and could file a defence ref no Sect78 compliance if they suddenly come with this info what then? I am still not sure if I can negotiate a repayment plan for the 16k?
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