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Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**


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Is the general consensus that they'll discontinue do you think?

 

What stage is the case at, have you received an AQ yet? what was the final date for your defence to be filed by?

Did you make your application on th N244?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi CCM,

 

Crapbot have to respond to my defence by close of business on Monday, if not then the court told me that the case will be stayed.

 

I was told by the Court to phone them on Tuesday morning for an update.

 

So, no AQ yet.

 

I don't know what an N244 is but I have sent CPR 31.14 requests TWICE with absolutely no response from Crapbot.

 

Thanks,

 

PV :-)

Edited by PossVox
additional info

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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The n244 was mentioned by GM in post 132, but never mind that.

 

As they have taken so long to respond, i suspect they have nothing so will probably discontinue next week, it will cost them more money if they want to go on to the AQ stage, having said that i thought one of mine would do the same but i was wrong, anything is possible.

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Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi again,

 

Ah yes, I remember GM mentioning that now... she said that we could make them "reveal all".

 

I don't think they have anything and they've bought a dud and We've called their bluff.

 

It's fingers crossed time now methinks.

 

I would like to get it struck out as soon as possible just so it's not hanging over me for some indeterminate length of time.

 

Thanks for your input.

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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yep they will have to revel all info they have.

 

if u need anything just shout and i will see what i can do to help.

 

Gm

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi GM,

 

Thanks for that, good to know you're there.

 

Don't want to sound ungrateful, but I hope I don't need you!!! ;)

 

I'll update after the weekend.

 

Thanks again,

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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i know what u mean.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Any news yet? I hope I don't have to get my quill and inkpot out yet?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Emma,

 

Hope you had a good w/e.

 

No news yet.

 

No post today.

 

I've been told by Northampton CC to phone them in the morning as Crapbot have until 4pm today to respond to my defence.

 

Fingers crossed.

 

Thanks again.

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Good luck- I'll be watching for good news!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Thanks Emma!

 

I'm hopeful but still keeping my guard up...I'm ready to fight these parasites if I have to.

 

I'll be updating tomorrow morning.

 

PV :-) x

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Hi DB,

 

Thanks, I totally intend to!

 

If I manage to get rid of Crapbot then it'll not be a second too soon.

 

If, when, I get costs, the money is going straight to the cAG fighting fund.

 

Thanks for your support DB - - watch this space!

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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wow possvox.

 

i have read this thread start to finish. i have been glued to it just now....i really hope the sods fall flat on their face's.

 

good luck. i will be logging on tomorow as soon as i get back from work.

 

 

i have just had a run in, with lowell. nothing but hassle but they are not continuing with the debt they bought 3g....got a good mind to take them to court because they changed my credit file, from satsified in 2005 to defaulted in 2008. bullys nothing but bullys

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Morning All!

 

Just got off the phone from the Court and they inform me that the case is STAYED.

 

Phew!

 

The court clerk said that I should phone the court on a weekly basis in order to ensure that Crapbot don't get the stay lifted by the DJ without my knowledge.

 

I asked about getting the case struck out but was told i "can't strike out something which hasn't been entered yet".

 

Any advice as to my next move please anyone?

 

Thanks to everyone who's advised and supported so far.

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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not a lot really i feel.

 

sitting and waiting is the next move.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi GM,

 

I thought it'd be more of the old waiting game... It's the worst bit... LOL!

 

Maybe they'll write to me sometime and tell me they are discontinuing... or maybe they'll 'find' a CCA... who knows with these "people"...

 

Thanks GM

 

PV x

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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I can just see hordes of them, flinging themselves through a warehouse full of archived paperwork! Frantic little things.

 

Sorry, but that has made me giggle. They really are a bunch of "people".

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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What i would advise you to do is contact the courts and ask how long is to long to wait for them to reply to a stayed case.

 

as in if the stay is on for 6 months do they then autoatically stop the case?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Share on other sites

What i would advise you to do is contact the courts and ask how long is to long to wait for them to reply to a stayed case.

 

as in if the stay is on for 6 months do they then autoatically stop the case?

 

The court clerk stated that the case would remain stayed indefinitely or until Crapbot discontinue or ask the DJ to lift the stay.

 

Hardly seems fair that they can keep this hanging over me until they decide what they're doing? After all, it's ME that's followed all the correct procedures and Crapbot who've chosen to lodge a claim and then not provide a single scrap of evidence.

 

Where's the justice in THAT?

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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When does this go SB?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi GM,

 

It already IS SB!!!

 

Fell off my credit report in 2006.

 

I referred to the fact it was SB in my defence to the court.

 

Crapbot say I made a payment in 2004 but I know I didn't. I put them to strict proof of the alleged payment and they simply sent a duplicate threatogram saying I made a payment!

 

PV :-)

Edited by PossVox
typo

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Re the MBNA notice of assignment. Another CAger received one of these AFTER Cabot agreed to discontinue their case at court. MBNA had actually served this notice three years previously. Upon making an official complaint the CAGer was told by MBNA that Cabot had requested it and they were obliged to send them a copy too.

If this doesn't get thrown out also ask for a copy of the Sales Agreement between MBNA and Cabot.

Yet another CAGer had the case against them by Cabot (OC MBNA) discontinued earlier this year. It too was where they were trying to collect on statute barred claim where they claimed the CAGer had made a payment one day before it was SB. Judge thought it was v dodgy and demanded evidence but they just dropped it.

Just keep on you're doing the right things. AND keep your MP informed. Good luck.

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Thanks Rhia, that's very reassuring.

 

I wonder if a formal request for Crapbots official complaints procedure might be in order?

 

I think I'll sit back for a week or 2 and see what their next move is and keep phoning the court on a weekly basis in the meantime so that Crapbot don't try a sneak in a judgement by default.

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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I think you need to keep pushing them on the issue of the £20 payment supposedly made to your account. If they've done this themselves to keep it 'live', then they're sailing very close to the wind. The 'F' word comes to mind, given that they've sent you a letter saying you've made a payment and entering the fact into a court of law. If they don't come up with the goods, I'd suggest really pushing the boat out on the complaints procedures. Would a subject access request (SAR) help, do you think? Might be £10 well spent, and if they fail to comply it's another problem for them which, as Rhia says, means keeping the pressure on.

 

I think the case might otherwise remain stayed. This could go on for a long time, but they'd have to apply to the court to resurrect the claim, and you would (in theory) have to be informed. That's a bit of a pain, so anything you can do to get the claim withdrawn (even by issuing a counterclaim) should help clear these b*ggers out of your way.

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