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Dave31

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About Dave31

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  1. Hi Andy & DX, I hope you're both well and thank you for your support up to now. I have checked with the court and it looks like Cabot have paid the hearing fee. by all account I may well have my day in court (I can't really say I'm relishing the prospect) . I received a second 'without prejudice - save as to cost' begging letter from Weightmans and have missed the deadline to accept it. I've started putting my witness statement together and think about documentary evidence, I was wondering when I could expect my friends to produce the documents they intend to rely on. Is there anything you could suggest I need to think about beyond this? Many thanks, Dave
  2. Apologies for the poor job of redacting, I guess I will wait to see if they pay the hearing fee and take it from there. As always thanks for the input DX, it's greatly appreciated.
  3. Hi DX, I received a letter informing me that a mediation appointment could not be secured, on the 10th of August I received a Notice of Allocation letter which I've redacted and attached. Do you think they are likely to take it all the way at this stage? I'm assuming I will have to defend this claim in court. Are Cabot likely to try for a CCJ against me. They've failed to fulfill my CPR request and likely don't have any of the documents I've put them to strict proof for. I intend to fight this but I was wondering what your thoughts were. Best regards, Dave
  4. Hi DX, Just to confirm I should decline mediation as my CPR request wasn't actioned? Best regards, Dave
  5. Hi Dx100, I hope you're well, I agreed to mediation on the N180 form the and was wondering what kind of approach I should take. Best, Dave
  6. Hi DX, Apologies for the slow reply... I guess I've been burying my head in the sand. I have attached the (redacted) letters Weightmanns have sent me. I have till the 17th of July to file an N180 form and was wondering if it might be worth me writing to Weightmanns and CC'ing Cabot reiterating my position and drawing their attention to my ongoing complaint to the FOS in reference to this disputed debt. Any other ideas or suggestions would be welcomed. Best regards,
  7. Hi BigMe, Good luck I am in the process of defending a very similar claim to you. I hope it works out for you and if you'd like to discuss further feel free to message me. best regards, Dave
  8. Hi, Sadly for me it looks like my case hasn't been stayed I guess my defence looked too generic. I have received several love letters from Weightmans that I've redacted and attached and today my notice of proposed allocation from from the CCBC arrived. My question is this.. . Should I dance with the devil (without prejudice) and try to reach a negotiated settlement, that doesn't completely break my heart. I am about to be made redundant and the stress of this case has been making me physically sick. I feel very strongly that I am being extorted by Cabolt. Seeing as the debt they are suing me for is made up of charges, overdraft interest and the original account was in dispute, when they purchased it for pennies on the pound. I don't feel like I have much fight left in me and I am thinking of folding my aces preflop. Should I play to the river? Any opinions would be welcomed. Many thanks, Dave
  9. Dear DX, A default was registered by the bank against me in August 2010. However I had written to the bank in April 2009 disputing the make-up of the balance that resulted from charges levied on the account up to that date. I would be arguing that the dispute date forms the real cause of action point. Do you think this would be worth pursuing? Many thanks for your kind help up to now. A donation towards this excellent forum will be forthcoming.
  10. "1. The defendant entered into a credit agreement described by the original creditor as XXXX- CURRENT ACCOUNT and having account number XXXXX ("the account") 2. The claimant a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant is indebted to the claimant in respect of the amount of £2500 4. The claimant claims the said sum plus costs." defence Paragraph one is admitted with regards to the Defendant having use of an overdraft facility with the original creditor Halifax PLC. Notwithstanding this the Defendant contends that the particulars of claim as set out do not comply with or even attempt to comply with CPR part 16. 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. The Defendant refutes the claims set out by the Claimant in paragraph two. It is denied that the Claimant has any legal right whatsoever to lay a claim, due to contraventions of Section 136 (1) © of the Law of Property Act 1925 and Section 82A of the Consumer Credit Act 1974. On receipt of the claim the Defendant sent a CPR 31.14 request to the Claimant dated 05.05.2015 requesting a copy of the overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and Notices of Sums in Arrears under running account credit CCA2006 sec 86C. The Claimant failed to comply with this request. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by the Defendant, accordingly the Claimant is put to strict proof to:-. Provide a copy agreement/facility arrangement along with the Terms and conditions at inception that this claim is based on. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. Provide a breakdown of their excessive charging/ fees levied to the account with justification. Show how the Claimant has reached the amount claimed. e. Show how the Claimant has the legal right, either under statute or equity to issue a claim. f. Show how the Claimant has complied with sections III & IV of Practice Direction:-Pre-action conduct. The Defendant refutes the claims set out by the Claimant in paragraph three. The amount claimed for is made up entirely of default penalties and charges levied on the account for alleged late, rejected or over limit fees. Accordingly the Defendant contends that these charge types and the recoverability thereof are susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 as decided in The Office of Fair Trading v Abbey National PLC and others (2009). The Defendant will contend at trial that such charges are unfair in their entirety. Notwithstanding the above it is denied should it be alleged by the Claimant that any monies are outstanding. The Defendant has not serviced or acknowledged the account for over six years, when the account was disputed by the Defendant. It is therefore Statute Barred pursuant to the provisions of section 5 of the Limitation Act1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of six years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 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 whatsoever from the Defendant.
  11. DX, Thank you for your reply and assistance up till now. I have revised my defence as you suggested. The day of reckoning has arrived and I was wondering if you would kindly take a second look at my amended defence, prior to submission on MCOL. Best regards, Dave
  12. Hi, I've pasted my defence below and was wondering if you would be kind enough to have a quick look over it. Many thanks, "1. The defendant entered into a credit agreement described by the original creditor as XXXX- CURRENT ACCOUNT and having account number XXXXX ("the account") 2. The claimant a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant is indebted to the claimant in respect of the amount of £2500 4. The claimant claims the said sum plus costs." It is admitted with regards to the Defendant having use of an overdraft facility with the original creditor Halifax PLC. Notwithstanding this the Defendant contends that the particulars of claim lack detail and are 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. The defendant refutes the claims set out by the claimant in paragraph two. It is denied that the Claimant has any right to lay a claim, due to contraventions of Section 136 (1) © of the Law of Property Act 1925 and Section 82A of the Consumer Credit Act 1974 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by the Defendant, accordingly the Claimant is also put to strict proof to:-. Provide a copy agreement/facility arrangement along with the Terms and conditions at inception that this claim is based on. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. Provide a breakdown of their excessive charging/fees levied to the account with justification. Show how the Claimant has reached the amount claimed. e. Show how the Claimant has the legal right, either under statute or equity to issue a claim. f. Show how the Claimant has complied with sections III & IV of Practice Direction:-Pre-action conduct. On receipt of the claim the Defendant sent a CPR 31.14 request to the Claimant dated xxxx requesting a copy of the overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and Notices of Sums in Arrears under running account credit CCA2006 sec 86C. The claimant has failed to comply with this request. 3The Defendant denies the claim that the Defendant is indebted to the Claimant by the amount stated in paragraph three. The amount claimed for is made up entirely of default penalties and charges levied on the account by Halifax Limited for alleged late, rejected or over limit fees. The Defendant contends that these charge types and the recoverability thereof are susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 as decided in The Office of Fair Trading v Abbey National PLC and others (2009). The Defendant will contend at trial that such charges are unfair in their entirety. Notwithstanding the above it is denied should it be alleged by the Claimant that any monies are outstanding. Having not serviced or acknowledged the account for over six years; when the account was disputed by the Defendant. It is therefore Statute Barred pursuant to the provisions of section 5 of the Limitation Act1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of six years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 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 whatsoever from the Defendant.
  13. Thanks DX. I will file a defence today, would you be kind enough to have a quick look over it prior to submission?
  14. Hi, Good morning all, I received a letter today from Weightmanns (attached and redacted) regarding my CPR 31 request and as expected it's a generic holding letter which seeks to deny my request. As a result of problems with the MCOL website,I've been unable to register online, and ended up filing my acknowledgment of service via email. I did this on the 5th of May, and my AOS was finally acknowledged by the court on the 8th, although I was initially advised they hadn't received the first email; I forwarded them my first email and their autoreply received on the 5th. Any guidance on next steps would be a great help, for example should I follow up with Weightmanns, file a defence imminently or hold off for a while? Also am I helping the [removed] by drawing out my defence timeline? Many thanks,
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