vauxman
-
Posts
42 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by vauxman
-
Hi Again all. Had a letter about this from mortimer clake solicitors saying "that they have been instructed by our client to discontinue proceedings and close our file , please find enclosed a copy of the notice of discontinuance by way of srvice upon you." Also a notice of discontinuance from northampton court, does this mean that this is the end of all of this or are they lightly to take me to court again in the future. Many thanks for all help Vauxman
-
Hi All Had a letter today from mortimer solicitors today about this old account asking me to come to an arrangement over payment and they wont ask me to pay more than i can afford , also included is another letter headed "without prejudice save as to costs" offering a 50% reduction if i return a statement of means within 30 days . is this because cabot don't want to pay the court to un stay the original court claim ? if they did pay the court does those charges get added to my bill many thanks vauxman
-
Thank you for replies i will now wait and see cabots next move , but will read up some more of the recent threads on this site Thank you Vauxman
-
Hi so should i just leave it until they contact me again?? cant seem to see the post where i put up the t&c did you see them dx100uk Thank you
-
Hi. Here are the two docs that cabot sent me .Thank you dx100uk i All Docs i got sent from cabot Thank you dx100uk Hi. Here is doc that cabot sent me .Thank you dx100uk i have converted it to pdf hope i have don this corectly Hi Please find attached the rest of letters sent to me by cabot thanks again DX100UK Vauxman Hi Again please find attached t&c as requested sorry dx100uk forgot that bit last night Many thanks for all help Vauxman
-
Thank you dx100uk , i will scan the doc they sent me tomorrow it does look like the correct thing , so just ignore for now ???
-
Hi All. Need some help on this one again. Received a letter today from Cabot with reference to the cca request i sent them, they have supplied a copy of the agreement i signed in 2006. last payment made approx feb 2009, the court must have stayed the claim in November 2014 as they did not have the information. . The letter says the claim is now enforceable and they are entitled to obtain a ccj however we would like to work with me to set up a repayment plan. What should i do? I dont want to pay these lot anything if i can help it. and if it went back to court and a judge reopened the claim would i get charged solicitors costs and court costs again which were added to the claim last time .ie £35 court fee ,£50 solicitors fee. Also if i did have to set up a payment plan, to cabot to save getting a ccj , i know they were involved in a lot of my other debts which are all now statute bared . could the swap a payment to a old debt and stop the statute bared? all help appreciated. Many thanks Vauxman
-
[ATTACH=CONFIG]57731[/ATTACH] There you go one nice card :-D
-
. Hi the first card was in a envelope the second just pushed through door .
-
Thanks for replies. They left another card today , the writing on it looks like it was done by a 5 year old lol . would like to catch them . not sure if i would fly right off the handle has any one actually spoke to them on the door step? if so what did you say ? Vauxman
-
Thank you dx100uk
-
Hi All , Sorry to bring this old thread back, but was just thinking the above debt must now be stayed by the court . when i log into MCOL . it just says defence received should i be doing anything?? . also this debt is now past the 6 years since any payment or admitting the debt . is it now statute bared . Many thanks Vauxman
-
Hi All . Had a letter a few weeks ago about a debt that is over 6 years old since last payment from Fidelite Credit Management and they actually called on me today and did not even ring bell as i was home all day , i know they used to be scott call , i can just tell them nothing is that correct ?? Thanks for all replies and help i have had in past from this great group Vauxman
-
Hi Again Any thoughts on the above please Thanks Vauxman
-
Hi All . my defence was received on the 21/10/2014 by the court have heard nothing from the court only thing was the letter i received from cabot above . the 28 days are up now should i be doing anything yet . Many thanks Vauxman
-
Any thoughts on the above please .. many thanks
-
Hi All. Had a reply from Cabot today saying they are unable to supply the information required within the reverent period. we shall continue to request the information from the orignal lender in the mean time your account is on hold. Your credit agreement is curently unenforceable which means we are not permitted to obtain a judgment or decree against you in court . then a load of stuff about setting up a payment plan and seeing citizens advice .... Do i need to contact the court or anything? Many thanks Vauxman
-
Hi All . Just want to ask again how long have the company's and solicitors have to respond to my defence and cca and cpr had letter on 28/10/2014 from their solicitor to say they have received my defence from court are taking instructions from their client is there a time frame for all this Many thanks Vauxman
-
Hi All just a up date . Received a letter from the court acknowledging my defence and the sending a copy to the claimant saying they have 28 days to respond. no reply ( apart from acknowledgement letters listed above )from cca or cpr request both sent by recorded delivery on 27/09/2014. Is there anything i should be doing or is it just waiting . Many thanks Vanuman
-
Hi Again and thank you for all the help Andy Regarding your last post the part about 77/78/79 is that the bit i put in the CCA REQUEST which i was told earlier in this post to send the CCA Request under s79 to the claimant?? Thanks Again Vauxman
-
Reasons of dispute.. I dont think they have the correct documentation to collect this debt as this has been with another dca before i think , i still am unsure if i did sign a agreement with Hitichi , before i split with my ex in Jan 2009 i had all sorts of credit cards, store cards and loans and she had some, most were in my name stupid me !!!, she was the main wage earner by a long way and when we split i had no chance of paying these and still dont , some i have not heard anything from for a long while , but as these are getting near the 6 year statute bared limit some may be trying to get collect , i was hoping to get past this to avoid considering bankruptcy as i dont own my home or a car or any major assets Hope that makes some sense Vauxman
-
Hi Andy Yes i think its possible that when i lived with my ex i may have had hp on some furniture so this is maybe where the Hitachi bet comes from. Sorry if i am unsure, the part you have edited in my post the bit that shows in red at the top part 1 and 2. do i add that to the rest of the defence below that ? Vauxman Sorry Andy have just realized that the bits in red at the top i see you have said Particulars of ClaimFor reference only not to be submitted with defence. Should have read it properly its been a long day :| so the defence is now good and i can submit the above without the bits in red:lol:on the mcol on 21st
-
Hi All. My defence is due to be made on the 21st of October and i have been looking through similar threads to help start my defence this is what i have come up with so far Please excuse me if i have made mistakes as i am still unsure of all the legal bits . Particulars of ClaimFor reference only not to be submitted with defence 1.The claim is for the balance of instalments due and unpaid under an agreement regulated by the consumer credit act 1974 dated 25/01/2007 and under which hitachi nova agreed to provide credit in relation to the purchase of goods payable by instalments 2. The agreement was assigned to the claimant on 31/03/2011. Defence 1. 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. 2.Paragraph 1 is noted. I have had an agreement in the past with Hitachi Nova but any alleged balance is and remains in dispute for charges/services. 3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago. 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of agreement/assignment/balance/breach requested by CPR 31. 14, and also a section 77/78/79 request to the claimant to which I have received no response. 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; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.On the alternative, as 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. 7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. #########End######### Signed I am the Defendant - I believe that the facts stated in this form are true xxxxxxxxxx 21/10/2014 Defendant's date of birth x/x/19xx Address to which notices about this claim can be sent to you xxxxxxxxxxxx Telephone number xxxxx I am unsure about where i have put Hitachi Nova in the defence should it be Cabot Financial ? not sure if i have all the correct including this part below it is denied that the Claimant is entitled to the relief claimed or any relief. Not really sure if this applies to my case so should i leave it out? Should i put somewhere in the defence that i don't have any idea what and who this debt is for or does the above say enough about this. also this debt if it is mine must be nearly 6 years since i paid anything (as stated in my first post) should i also say it is statute bared ? Many thanks for all help Vauxman
-
Thankyou Andy should I worry about the letters they sent or is that just standard from them . Shall I post again neared the 21St as to what to put in defence . Many thanks
-
Hi . Just a update and some more advice please. Had a reply from Cabot and their solicitors Mortimer clark regarding crp and cca. Cabot said ... thank you for your request for information under the consumer credit act 1974. Cabot does not have this information on file . However we have requested the relevent information under section 77 and or 78 of the consumer credit act 1974 from the original lender. We anticipate that we will be able to provide this information within 40 days . in the event we are unlikely to obtain this information within those time limits we will wright to you again. Mortimer clarke solicitors said ..... further to your letter dated 26/09/2014 we are taking our clients instrutions in relation to your request and will come back to you as soon as we can. we confirm our client is willing to agree to the extension of 28 days, for you to file your defence . Persuant to cpr 15.5(2) please notify the court in writing of the agreement. the issue date of the claim was 19/09/2014 and i Register with MCOL ...submit acknowledgement of service on the 25/09/2014. What should i do now and when should i file defence Many thanks for all help Vauxman
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS