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About Racheybert

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  1. Hiya, I have had a few issues logging on (my fault ) hence this late update…following my hearing last week. Went along to my local Manchester court for the hearing - ended up going on my own by the way due to unavoidable circumstances with OH job. Whilst waiting for my case to come up, I witnessed that the “legal” chap representing Cabot/WH seemed to be a “ gun for hire” as it so happened he was in one courtroom after another representing different finance companies – sadly some defendants didn’t show up for hearings and these cases lasted less than five minutes on my observation and I suppose in the favour of the banks. When it was my turn, the judge was astounded that the case had been brought by Cabot with no paperwork in place to issue the claim by Cabot! To say that He was unimpressed would be an understatement. Cabot’s legal said they need more months ??? to get the paperwork. The judge’s decision was that he would call another similar hearing – giving Cabot a another chance but made clear he was not happy with Cabot wasting his time and the defendant.(me) So I suppose it’s now a case of waiting to hear from the courts on a new hearing date. Regards, Racheybert
  2. Thanks Andy. So write to my local court-where the letter comes from this week and state that I want hubby to speak on my behalf- although I expect the court will want to see me in the flesh ? Can a standard letter asking this of the court suffice or is there special legal wording I need to use in my request to the court for hubby to speak on my behalf? Thanks
  3. Hi Dx100uk, The document from my local county court is a preliminary hearing- the heading states. Other details therein; 1. Claim has been allocated to the small claims track and Parties are referred to part 27 of the civil procedure rules. 2. There will be a preliminary hearing expected to last 20 minutes. At the hearing the court will seek to establish; a.Outstanding issues of the case b.where there is a possility of settlement c.what docs will be required for the trial of the case d. how long the trial will last Thanks. R.
  4. Hi All, Court has written saying that there will be a preliminary hearing on 31st August. The thing Is WH/Cabot have never sent the information I requested and wonder how proceedings will go at the county court. I have two questions: 1) How will this play out in court when NO info (I requested for as per the advice I received here ) ever being sent to me by WH/Cabot? 2) On the day in court (if it gets to that) can I have my husband stand by my side and speak up for me as i am dreading being in court? Thanks, Rachey
  5. Thanks Martin2006. How do they get away doing court claims with no paperwork?? Unbelievable
  6. Hiya, Received last week, a notice from county court titled "Notice of Transfer of Proceedings" stating that "details of the judges directions will be sent to you in a notice of allocation...." I am not clear what this means? Meanwhile I have not received any info from Cabot regarding my CPR request. Thanks, Racheybert
  7. Thanks HateBanks. This forum is a God send. Hope all goes well with you too. Racheybert
  8. Hi, Just a quick question on filling the N180 above. In the signature part i have written my name - is this fine by the court or do i have to put a squiggle? Im cautious as to how I hear some of these operators conduct business! Also i understand i need to copy the parties as per court directions is this both Hassle and Cabot or just Cabot as he is named as claimant? Thanks, Rachey
  9. Hello, Just a quick update, I have received a “directions questionnaire” from the courts dated 31/05/2016 regarding this Cabot issue. Rachey
  10. Hiya, Just wondering how the defence above stacks up? Any thoughts or additions or is this fine to go? Thanks. Rachey
  11. Thank you all. Please see my defence below. Let me know your thoughts. Particulars of Claim 1.The claim is for debts arising from consumer credit Act 1974 agreements. 2.The claimant is an Assignee of the following debts,notice of the assignment having been given to the defendant in writing. Bank of Scotland Current account. Account number XXXX. 3.Despite demands for payment,the above sums remain due. The claimant therefore claims the sum of £1702 interest under s.69 County Court Act 1984 and costs. What is the value of the claim? £1887 (inc wright hassall fee & court fee) Defence The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Bank of Scotland. It is denied that I am indebted for any alleged debts or balance claimed. 2.It is denied that I have ever been served a Notice of Assignment for any alleged debts pursuant to the Law and Property Act 1925. 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. The claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3.It is denied that any demands for payment have ever been made,the Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974 Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999, The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on. (b) 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 all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April XXX 2016 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. 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.    
  12. Got a draft defence ready do the forum rules allow me to post my defence here? Thanks
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