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suefree

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About suefree

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  1. Hi dx Yes I logged in just to have a little look to see if it got updated and pressed on the case number and it says case discontinued 19/07/2015.
  2. Hey thanks Andy and dx Couldnt have done it without you, and feels good to get a letter like that instead of a demanding one. Andy the letter arrived 2 weeks ago but I have been away with work and just got back, I havent had any notification from the court yet, however I went in and checked on the MCOL and it says on their Claim has been discontinued. Is it worth me giving the court a quick bell to confrim? Also just had a nice email from the admin of this site telling me what my donation will go towards, how it will help and thanking for the donation, thats a nice touch.
  3. Hello Guys Just another quick update, I have received a letter to say that they are sending a notice to the court that the claim against me has been discontinued. Thank you so much for helping, going to make another quick donation right now as I could not have done this without this boards help. Cheers and thank you.
  4. Hi all Happy new year! Not sure why, but today after all this time, I have had a letter from Restons saying the following: Dear Madam, we write in respect of the above matter ( they quote cabots v me) We can confirm that in light of your CCA request, the necessary documents have been requested from our Client and we will endeavour to provide them to you as soon as we are in receipt of the same. This is 3 months after recieving the letter from Cabots saying they were unable to get the documents so couldn't proceed with judgement. Any ideas why I have recieved this?
  5. Ahh Your right dx, it is almost identical. So I guess I just hang on in there until Cabot can produce the doucumentation they say they need to be able to proceed for a judgement? Im thinking this may be Restons way of trying to scare me into makiing a proposol of some sort?!
  6. Hi all Had another letter today 10 days after Cabot said that they have been unable to get the Credit Agreement, this time from Restons, quite a long letter pretty much telling me that the defence I submitted is one that they get in a format widely used circulating from the internet and then going on to "pooh poohing" each of my defence points one at a time. telling me that although I put strict proof to certain aspects, they would point out that I have not entered into an agreement with the Claimant, nor do the particulars of the claim allege I have, but the original credit agreement between me and the BOS states they were entitled to transfer their rights and benifits to a third party which they have done. It then goes on about the amount claimed that I should know this from past statements etc etc. That they did respond to my cpr31.14 on the 07th August, they did but not with any of the information I asked for. It ends by saying in their view my defence has no prospect of sucess and they will recommend to the client that an application be made to strike out the defence/for summary judgment a nd also seek an order that I pay the clients legal costs on a contractual (imdemnity) basis...I dont know what that means to be honest?! Should I wish to avoid this then they want me to withdraw my defence by completeing form n9a and returning it to them, OR alternatively if I wish to proceed to resolve the matter amicably without further court intervention to put forward a settlement proposol within the next 14 days!! They have also included a couple of copies of letters they say I was sent about notice of change, and others chasing the debt, all of them from the month of June. Any thoughts?
  7. Ha!! Your right there Andy, Im in no hurry to phone them:lol: Cheers for the advice once again, I shall update here should I hear anything else. Thanks very much:-)
  8. Hi Guys Quick update. Today I received a letter from Cabot saying the following: Unfortunately Cabot has not been able to provide you with the requested inofrmation within the relevant time period. We shall continue to request the information from the original lender to asst you with your request. In the meantime we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request. Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgement or decree against you in Court. However you are still obliged to pay the outstanding balance as confirmed in this letter.... and then goes on to say ring customer care to set up a payment plan. Anything I need to do right now, or still just sit tight, I havent heard anything at all from Restons! As always many thanks for any input, cheers
  9. Thanks Andy, your so helpful, now you put that in, its makes sense, I think I was concentrating too hard on other defences and not personlising my own correctly. Many thanks to you, dx and ford, for helping me throughout this. I shall get this filed on Friday and let you know how things go. I shall also be making a donation, thank you. Sue
  10. Andy - I think I need to change where I had a paragraph 2 to paragraph 1 and nothing needed as a paragraph 2, hope thats correct. Thank you so much for helping.
  11. Hi guys I have gone through loads of threads and I think I have found the correct one for the holding paperwork as written by Andy for another poster. As I dont have many Paragraphs in my claim, I have edited where I think I need to but really would be grateful Andy if you could check it over. I have to file by Saturday but look after my poorly mum on the weekend with very little internet time, so I really need to file Friday. Claim 1.The claimant claims payment of the overdue balance from the Defendant under a contract between the defendant and Bank Of Scotland (Aqua Card) dated on or about 02/07/2002. 2. and assigned to the Claimant on 15/03/2010 in the sum of 1327.66 Particulars a,c no xxxxxxxxxxxxxxx date item value 30/06/2014 Default Balance 1327.66 post refrl cr nil total 1327.66 Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is accepted I have in the past had agreements with Bank Of Scotland for credit card services. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to issue any Notice of Sums in Arrears since the alleged assignment. Failed to provide any evidence of agreement/contract/breach as requested by CPR 31. 14 and a Section 78 request and has declined to respond. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA. 5. On the 4th August 2014 I made a legal request by way of a section 77/78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Any help and thoughts on this would be much appriciated.
  12. Thanks dx I shall go though tonight and try and find one, if you would look it over for me once I put together I would be very grateful.
  13. Hi there, Not had the best news today, I phoned Aqua card services last week as advised and at first they said no they had no information but needed to speak to a supervisor and could I try again today. I did and it appears I paid £7.50 on the 10th December 2008 so there goes my statued Barred by 5 months! I do remember them accepting reduced payments. I also phoned the court about the bar placed on my claim & they said it's an error on their system which had been happening from the beginning of the month. She gave me a couple of options, if I wanted to submit right away she would lift the bar, or I could send by email once I had my defence ready. Do I have a strong enough case for the withholding paperwork from cabot? Even though they said they will eventually send it in 40 days. One other thing according to Aqua my balance outstanding is £1,115.07 & cabot are claiming £1327.66 + court and solicitors costs. Any further help would be great, I don't think there is anything else I can chase now.
  14. Cheers dx100uk thank you Looking at my credit file, I think when they sold the original debt, for whatever reason instead of it going into default it went into settled, I do remember once having statements from aqua saying my balance was 0 but my limit was dropped from 1200 to 300. I think this is the card details that are shown on my credit file, but as I had cut the card up, I never used it again, so I'm going to go with statue barred as defence as I believe this was in 2007. Im presuming they will be quick enough to come back and let me know if it's not.
  15. Thanks Andy, think I will ring the court on Monday and ask them to lift it so I can file my defence. I've had a reply from Cabot saying they don't have my CCA on file and that they have to request it from the original lender. They say they anticipate this will take up to 40 days!! I've checked my credit file and there are no defaults for this aqua card under open or closed accounts, however and this is a funny one, under closed accounts there is one for aqua card supposedly opened in 2008 and settled In 2011 with no defaults!! I've never had another credit card with Aqua! But that one says settled with no payments ever made and no credit ever spent on it? Where do I go from here? Shall I go ahead and file under statue barred and no CCA from cabot? Do you happen to know if there are any defences on here like that you may have already been written that I can copy. Many Thanks
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