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LegalMogu

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About LegalMogu

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  1. I see. Thanks for clearing that up. Its just confusing because under the CCJ section of my credit file there is an entry from Cabot shown as 'pending' or words to that effect. I didn't know if that was acting like a regular CCJ goes against you.
  2. I'm just thinking ahead with the view to improving my credit file. By what you've said its not even stayed, as I've had no confirmation of this. Its just stale.
  3. So this 'pending' is indefinite? To me it seems silly that even in their (Cabot’s) apparent defeat they can still come back whenever. Does the usual 6 year rule apply?
  4. Thanks Dx. What about stat barred, as they didn’t get judgement against?
  5. If I did not say it already. Thanks for all your help on this ill be sure to donate to the cause. As it’s in stay, can I get it taken of my credit file? There are unfortunately 2 entries: 1 for YB and 1 for Cabot
  6. Well wouldnt you believe it... A letter fromMortimer. "We have recieved you defence. Due to a technical error, we only recieved notification of your defence being filed at the court. We are continuing to liase with our client in relation to the comments detailed in your defence and correspondence. We will come back to you as soon as we have received an update. In the meantime, the matter has been placed on hold and no further action will be taken." I'm in 2 minds as to what they are actually saying here. Should I reply? Thanks once again in advance.
  7. So whats the point in that? Can i do anything to get it thrown out.
  8. Ah thanks for that. I thought once that month had pasted, it was stayed, meaning they cannot act on it again. i.e. take it to court again. Is this right?
  9. What move should I make on this now. Its been a couple of months and there is no movement on the Mcol site. It just says: Your acknowledgment of service was received on 16/12/2014 at 08:01:05 Your defence was submitted on 08/01/2015 at 12:40:20 Your defence was received on 08/01/2015 at 14:00:49 I did get a letter from the courts early jan saying they had a month to do something.
  10. I'm going to send this later today unless someone can tell me. A: Its not the right thing to do. Or. B: A defence I should file.. Thanks Particulars of Claim Monies Due under current account overdraft. 1.The Claimant’s claim is for the balance outstanding under a bank account facility Yorkshire Bank (‘YRB’) agreed to maintain for the defendant. 2.It was a term of the bank account that any debt balance would be repayable by the defendant in full on demand.Despite a demand being made, the defendant has failed to repay the amount due. 3.The debt was assigned to the claimant on xxxxxx? The claimant therefore claims £1451.85” -- Defence Paragraph 1 is accepted that I have had financial dealings with Yorkshire Bank in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant. Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 14/12/2014 for a copy of the overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants’ solicitors “Mitchell” on 17/12/2014 @ 8.22am (As per the Royal Mail Signed For™ service). The claimant has yet to comply. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 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 Notice served under Sections 76(1) and 98(1) of the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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. Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 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[/i] -- EDIT! Send this defence stating NO to counter claim.. wait and hear i guess
  11. Can I go down the Stat Barred route? My Date of default was 19/01/2010 Mentioned Default balance £0 Although im certain no money was paid to yorkshire bank in the 6 years prior to the court proceedings.. If I cant do stat barred what can my defence be?
  12. ive got to file a defence and reading other people threads isnt really helping me figure out what to put. ive had no reply from the cpr request either. whats my defence?!
  13. Lets just say im new to this. Ive done that tonight anyway via mcol
  14. Yes, sent recorded mail like the CPR letter
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