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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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Carter Court Claim Form, old HFC debt - But No Cca !!


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Hi,

 

In need of some more advice please. I have today received a claim form from the court/Bryan Carter on behalf of Cyclone Assett Management :confused: .

 

Are they Fredrickson by any chance as that is who the debt was with?

 

I sent them the usual letter for a copy of my CCA and proof that they owned the debt (recorded with £1). They are well out of time and I sent them a letter this Monday telling them this. (May have crossed in the post).

 

Cyclone are only claiming about 10% of what is outstanding but have a clause on the claim form saying they reserve the right to make further claims on the amount outstanding.

 

Should I fill in the defence and counter claim against them. ( I have made payments to them totalling about £120)? Are they likely to go to court with no CCA. Or if they find one will I be in trouble ?

 

Thank you for any help (again!) :)

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Hi brown owl :)

 

I'm no expert but as far as I understand, with no CCA, the debt is not enforceable.

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Carter, apparently, has a habit of suing for his fees only. This is in breach of the Solicitors' rules and regulations. If he is doing this, then the Solicitors' regulation authority say they would like to know about it.besides, you can use a defence that CCA S77/78 has not been complied with

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Let's take this slowly.

 

Firstly, whatever happens, do not send the CCS back to Bryan Carter, Fredrickson or Cyclone Assett. Whatever you are advised, you must only send this form and your copy of the CCA request to the Court and do not accept the debt.

 

Second they cannot call in a debt without proving the debt and they certainly cannot take you to Court on this. What they hope is that you will send the form back to them with your defence and they will lose that and say you never replied to the CCS. The judge will be shown you have paid and pass judgement and you will get a CCJ. FACT.

 

Therefore everything you have in your defence MUST only go to the Court.

 

Before all of that you MUST make sure you get this heard in a court near where you live where you can attend with paperwork if required.

 

I suggest you also wait for some of the other people who come here who can advise on the legal stance of the CCS.

 

Hope this helps.

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Hi,

 

I sent the usual CCA request letter to Bryan Carters a couple of months ago. I have not had a reply and they are out of time. I informed them of this but they have issued a county court claim form.

 

THEN last week I got a letter from them saying the account was on hold but I didn't get anything from the court to say they had withdrawn the case.

I phoned the offices to ask about this and was told that they had withdrawn it and to ignore the claim form.

 

I wasn't totally convinced so I phoned the court who informed me that they had not received any withdrawal from Bryan Carters and that I should put in my acknowledgement and defence.

 

What I am asking is...when I put in the defence do I say the account is on hold (copy of letter) and also that I have not received the deed of assignment, copy of CCA etc. Is that my defence ?

 

Thanks in advance for any help.

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sounds good - do not forget to acknowledge or else you lose!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Yes make sure you acknowledge and defend this to the hilt !!! It might also be wise to send a CPR to Bryan Carter to get them to provide relevant documents otherwise you can say that you have been unable to provide a defence....

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Reproduced from Curlyben

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes any previous requests. The information must be furnished by the **DATE**, which gives you TEN days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next TEN days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

OK also bear in mind that you have to acknowledge the CCJ within 14 days, then you get another 14 days to submit your defence.....

 

I presume you are going to defend this due to their non conformance with the CCA plus I imagine that there are some excessive charges on the account too ??

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Thanks for that. Yes I am defending as you have stated.

I have to put the acknowledgement in by this saturday. Does that make any difference to the 10 days for them to reply ?

I guess i will have the further 14 days before I file the defence from saturday...is that correct? It just doesn't give me a lot of time for the defence. If they don't respond , presumably i inform the court when I file the defence that they haven't supplied the info requested.

 

All a bit confusing :confused:

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Glad to hear that you are defending as you have a good case...i'm just sorry that you have to go through it all, but be strong....just edit the letter and say 10 days.....they have ignored your letter for a CCA..!! And yes if they don't respond tell the court that you are unable to prepare a defence as they have not provided the documentation !!! I''m not an expert, but please read some of the other threads involving CCJ's as you will find them useful....

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  • 1 month later...

Hi, I would like some advice please as I am new to this. I will be sending a letter to Bryan Carter, Fredrickson and Roxburghe requesting CCA'S. If I am successful with this and they cannot provide these, is there any way of claiming back monies I have already paid to them or just accept that I have defeated them and RUN. :confused:

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Thanks for your replys.

 

Tody I have had a letter from Bryan carter stating that they have referred the matter to thie client (HFC) and that the account is now on hold.

 

Do I still need to fill in the county court claim form ?

 

Thank you.

Mr Carter is a slippery custmoer and I would contact the court to see if he has indicated to them he is not proceeding. If they havent heard from him then assume the worst and get a defence in. Non production of a CCA is a complete defence to any claim

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