primitive_man
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Everything posted by primitive_man
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Having won my last case against Cabot: Here https://www.consumeractiongroup.co.uk/forum/showthread.php?484421-Backdoor-Cabot-CCJ-old-co-op-card-now-Warrant-of-Control***Set-a-Side-Unchallenged***(7-Viewing)-nbsp I have advised my partner to cancel her sanding order to Cabot.
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I'd like to thank everyone who assisted me with a big shout out to dx100uk and Andyorch !
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Other information: Got copies of the statements from the Coop - and that last transaction (dated 06/2012 in their notes) is NOT listed!
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No letters from the court, as yet, just Wright Hassell - though the second page is signed and certified by their Paralegal stating that a copy of the notice has been given to all parties - presumably this includes the court.
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The letter states that the hearing will be vacated (Cancelled?) - is there a way to confirm this?
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Happy days are here again! - Or are they? This morning we received a 'Notice of Discontinuance' - from Wright Hassall representing Cabot - wherein they have agreed to a discontinue of all of this claim. No mention is made of removal of the CCJ though... Hmmmm
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Just an update: Received a letter this morning informing me that the application for a set aside has been transferred to the County Court nearest us + got cheque back as application for fee remission was granted.
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Sent off the n244 Yesterday - reply #76
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My Reply to Cabots BS - let's see if this gets a response. Reply to Cabot - redacted.pdf
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Yes. No source of payment, i.e. origin of transaction. No type of payment, i.e. Cash, Giro, Cheque or transfer. No time of transaction. I guess that Coop could have been 'salting the mine' in order to get a DCA to purchase the debt ;}
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Looked at my email this morning and Lo and Behold - a response from Cabot! See Attached.... I would draw your attention to paragraph 16 where they state that the account went into default on 15th April 2010 - and then, miraculously (at least for them), a single payment was made in on 1st June 2012 - taking the account back within the actionable period and negating the Limitation Act 1980. I would also draw your attention to paragraph 11 - 'In terms of the address in this matter, we have not held a previous address for Ms ******** in this matter. A County Court claim pack was sent to the address on 15th September 2017 and due to no response to this the County Court Judgment was obtained in default.' They first state that they don't have an address and then state that the documents were then sent to the address - What?! The one they didn't have? Hmmmm... Perhaps I should have waited a little longer for their response as they seem to have made my case for me... Paragraph 16: 'the original default does drop of from the report after 6 years from the default date, in this case 15th April 2010' and, as far as I'm aware, the 'cause of action accrued' starts from the first missed payment and not from any subsequent payment. Cabot_Response.pdf
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Anyway - for the moment, I'm just gonna ignore he 2nd prob and deal with the one at hand.
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Yep. I suppose I could challenge it on the fact that the debt was legally unrecoverable under the Limitation Act 1980. Note also that Natwest, without informing my partner - took £400 from her account - as a 'partial payment of the debt' just before she made the agreement with Cabot.
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No reply and Court Docs Away.
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My partner had something else to confess to me - well, in truth, she showed me a statement of payments to Cabot as proof that they had her address - and it became obvious. She had a credit Card with Natwest some years ago and last year, without my knowledge, entered into an agreement with Cabot to pay the debt back at £50 per month. This debt was, at the time of the agreement, in default and had been for nearly 8 years. Does the fact that she made the agreement - therefor admitting the debt - make any claim against that debt a waste of time? Yours, Baffled and bemused... primitive_man.
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OK. Sent the document to them via email. I'll also post it to cover my ass but auto-response said that they'll respond within 2 days - so if no response by Friday, the n244 will be out the door. I'll get back to ya here if any changes - thanks for all the support.
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exactly!
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Proving beyond doubt that the debt was statute barred waits upon the arrival of the account copies that the Coop are sending me - which could take another month. Another month of my partner nagging the hell out of me - I don't seriously think I could take it!
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Not too good on the phone - have a speech impediment that makes me hard to understand.
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Got nothing to lose really - and there's always a chance - however slim, that one of these slimy b'stards will show a bit of common. Attached is a copy of the letter I'll email to the solicitors - not gonna post it, as you say... its only a chancer and not worth the stamp but it shows that i made an effort not to waste the courts time. Feel free to add or suggest corrections. solicitors_redacted.doc
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I have not contacted the Solicitors - I have only spoken to Cabot - who were extremely unhelpful. It's my belief that if I make the request of the solicitors, they may be more reasonable.
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6. The date will be changed to today's date.. Since I will be sending all the letters out together - I'll change 7 to read "As of this application the Claimant has not responded to my request." or... are you suggesting that I not contact Cabots' solicitors at all and delete 6 & 7?
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A. Request that they set it aside because i have a more than fair chance of getting a judge to set it aside. B. I have ticked the box for 'No Hearing' - but really, its up to the Judge to decide whether one is appropriate or not.
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Perhaps I should have worded that more precisely - I wish to make a request in the hope that they'll see sense and set it aside themselves.
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