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    • I think it would be a mistake not to respond. Although the circumstances were pretty different, we are dealing with a case elsewhere on this forum where somebody decided not to respond to an email and they ended up in subsequent proceedings paying quite a heavy bill of costs. I thought it was unfair and rather Draconian decision of the judge – but it shows that it can happen. It's clear that you will have to accept the money is satisfaction of judgement. However if you want to play them a bit then I suggest  
    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        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.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) 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 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. 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.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
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Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**


PossVox
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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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Don't forget that because you have already filed a defence, if they withdraw the action then you can claim costs. Hit them where it hurts!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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