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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**


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Hi DB,

 

Thanks for your advice.

 

I have requested proof of the alleged payment and also sight of the original CCA by way of a CPR 31.14 request - Crapbot have totally ignored this request.

 

If I HAD made a payment in 2004 then the original default from 2001 would still be on my CRA file and it is not.

 

I'm sure they have nothing to produce but I really do need to conclude this sorry chapter for the sake of my health.

 

I will wait until the end of this week and then kick off! My MP's office is only 2 miles from me...

 

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

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

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Good evening ODC,

 

I have just booked an appointment for a face to face meeting with my MP at her next surgery which is a week on Friday.

 

I'm going to discuss my Crapbot problem and also talk to her about DCAs in general and CAG specifically.

 

It's time the powers that be were made fully aware of the misery and suffering caused by these parasites.

 

Cheers,

 

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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My MP is a qualified Barrister and has been a great help to me. If your MP is a member of the Broonites with a slender majority then I suggest that they may be very keen to help in view of the strong possibility that they will need every vote in the upcoming election. Its wonderful what a nice letter on House of Commons notepaper can do especially when they mention the Attorney General by first name.

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Hehehe! :D

 

Yes, my MP is indeed of the Red Rose variety and will definitely be aiming to please I should imagine!

 

I'll let you know how the meeting goes.

 

I have listed the subjects that I wish to discuss as:

 

1: Crapbot

2: DCAs in general and that we need a government review of the laws which regulate them

3: Charging Orders and the recent change in the law regarding them.

 

It's a 2 hour surgery so I hope no-one else wants to talk to their MP next Friday! :-)

 

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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This is the email I sent to my MP's office

 

Dear Ian,

 

I would be most grateful if you could arrange an appointment at my MP's surgery in *** at the earliest opportunity.

 

I am currently being harassed by Cabot Financial, a debt collection agency, for a debt which is over 7 years old and is therefore barred by the Statute of Limitations Act 1980.

 

Despite repeated requests for information regarding the alleged debt, and informing them that it is Statute Barred, this company have recently issued a claim against me in the Northampton (Bulk) County Court. By issuing a claim in a bulk centre, I strongly believe that they were hoping that they could gain a judgement against me by default.

 

I obviously disputed the whole of their claim, which is for almost £*000 and consists of mainly illegal charges, and entered a skeleton defence.

 

Furthermore, I requested, using the Court Procedure Rules section 31.14, that they disclose information regarding all payments they claim that I have made and also a copy of the credit agreement.

 

They have completely ignored these requests and, furthermore, failed to respond to the court within 28 days leading to the case being stayed. I am now in a situation where I have the stress of a possible court case hanging over me.

 

I am concerned for my mental health due to the pressure this company are putting me under. I also believe that they are abusing the court process by issuing a claim against me regarding a debt which they are unable to prove is owed by me and is also barred by statute.

 

Their are other anomolies regarding their claim which I would like to discuss with my MP face to face.

 

An overhaul of the rules governing these debt collection agencies and their bullying behaviour towards the public is sorely overdue.

 

I recently contacted your office with regard to the change in the law regarding Charging Orders (charging orders are already sought by debt collection agencies all too readily) and I thank you for your replies thus far.

 

I look forward to hearing from you,

 

Yours sincerely

 

How's that for starters?

 

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 would add another paragraph under "I also believe that they are abusing the court process by issuing a claim against me regarding a debt which they are unable to prove is owed by me and is also barred by statute."

I would state that the fact the alleged debt has fallen off the credit records proves beyond doubt that it is statute barred. Although the burden of proof is on them to prove that the debt is valid, and not on me to prove it isn't, I CAN prove and HAVE proved that it isn't.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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I shall be taking my CRA file with me my friend! It's clean!

 

I don't know what response I'll get, but I'm hoping that even if my MP won't get embroiled in my own personal battle with the creatures from west malling, then at least I can plug CAG and get my point across regarding the lawless ways of the DCAs.

 

Wish me luck!

 

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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  • 4 months later...

Hi,

 

It's been quite while since I last updated this thread but there has been nothing more to report until today!

 

I sent a CPR request to Cabot twice in September and they chose to completely ignore these, they did responded to a CCA request sent at the same time, but not until November.

 

In November they stated that they had been unable to find the paperwork and that my account was on hold.

 

This morning I received a notice of transfer of the court claim from Northampton Bulk CC to my local court.

 

I phoned my local court and was informed that the stay was lifted at Northampton and transferred yesterday.

 

I was told that a District Judge will make a decision as to whether the case should be heard, stayed or dismissed, this decision should be made in the next 7 days.

 

HELP PLEASE!!!!!

 

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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Hiya...just on my way out and not had time to reappraise myself of your case but I had a run in with MBNA and Cabot. Don't panic. Use the cpr rules to get any info from Cabot. If you haven't SAR'd both MBNA and Cabot do so now - just to see what this says.

Will PM you when I get back. And do not panic at all. This is rowlocks.

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Hi,

 

Thanks Rhia.

 

Much appreciated.

 

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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Hi,

 

I just read my CPR 31.14 request sent to Cabot and this paragraph interests me...

 

"If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully"

Since Cabot have not responded to my 31.14 AT ALL, does this mean I can write to the court and ask for the case to be struck out?

 

Would it be worth sending Cabot an "ACCOUNT IN SERIOUS DISPUTE" letter as I beleieve that non-compliance with a CCA request (requested in September) means that they cannot take court action?

 

PV :-)

Edited by PossVox
additions

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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Just been through my file and I have already sent an "ACCOUNT IN SERIOUS DISPUTE" letter back in October!

 

:confused: 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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Maybe I should write to Crapot and remind them that, since they have placed my account on hold, due to them not providing a CCA as requested, that they cannot proceed with legal action as the account remains in serious dispute?

 

Just a thought.

 

Anyone?

 

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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Hi,

 

I just read my CPR 31.14 request sent to Cabot and this paragraph interests me...

 

"If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully"

Since Cabot have not responded to my 31.14 AT ALL, does this mean I can write to the court and ask for the case to be struck out?

 

Would it be worth sending Cabot an "ACCOUNT IN SERIOUS DISPUTE" letter as I beleieve that non-compliance with a CCA request (requested in September) means that they cannot take court action?

 

PV :-)

 

You can carry out the threat you made in your CPR 31.14 request, this will cost you £75, you can download the form from the HMCS website.

 

Dont bother writing to cabot, now that the matter is in court

 

Have you had an Allocation Questionaire to fill in?

 

It would also be worth re-posting up the POC, and your defence to it, in order to help us to sort out the best way forward

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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Think it's an N244 you need.

“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 CCM,

 

Thanks for the reply.

 

Do you think it is worth paying the £75? Is it a DJ who looks at it?

 

No AQ yet, the clerk at County Court said that a DJ would look at the claim this week and decide whether to let it proceed, stay it or throw it out.

 

I'll try and post up the PoC a.s.a.p.

 

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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POC:

 

CRAPOT001.jpg

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 CCM,

 

Thanks for the reply.

 

Do you think it is worth paying the £75? Is it a DJ who looks at it?

 

No AQ yet, the clerk at County Court said that a DJ would look at the claim this week and decide whether to let it proceed, stay it or throw it out.

 

I'll try and post up the PoC a.s.a.p.

 

PV :-)

 

I need to re-read everything again, that's why the POC/Defence will be useful.

 

It is form N244 BTW. Yes a judge does have to look at all ANs...not sure yet whether its worth it

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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Thanks for taking the time for me.

 

I'm bricking it to be honest, I'd like to nip it in the bud!

 

Basically, last July, I told Crapot it's a Stat Barred debt, they replied stating that I made a payment on X th May 2004 (they didn't bother sending any proof of payment though).

 

I also CCA'd them at the same time, they have sent the usual "we are working hard..." etc letters but no CCA.

 

Then they put the claim in against me at Northampton BCC and I received a NOA, allegedly from MBNA, THE DAY AFTER the CC Claim!

 

I put in a basic defence and the case was stayed.

 

I requested documentation under CPR 31.14---TWICE--I heard nothing.

 

Crapot wrote in November stating my "account" is on hold as they haven't found a CCA yet.

 

Today I get notice that they have had the stay removed and moved the case to my local CC.

 

Hope that helps!

 

PV :-)

 

p.s. This debt shows up as defaulted by Kings Hill No.1 in October 2000 and is no longer on my credit file (now, if I HAD made a payment in 2004, surely it would still be there?

 

Thanks again,

 

PV

Edited by PossVox
additions

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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All I put in my defence was:

 

I defend the claim in full.

 

That, despite requests, I have received no paperwork/other evidence from cabot to substantiate their claim.

 

The debt, should it exist, is statute barred and my credit files are clean.

 

Stupidly, I didn't keep a copy of my defence for myself! Duh!

 

Hope that info helps.

 

Ta.

 

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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Ok, give me a bit of time, ill come up with something, may need to ask a few more questions, just helping a few others, but now have you on my sticky notes:)

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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Thanks CCM, I really do appreciate your help.

 

I'm away from the computer between 6 and 8pm this evening but I'll be glued to the screen after 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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This is a long thread, i have read the 1st few pages, this claim was issued last September, you really should have been pressing for some action a long time ago...however, it now seems that they have requested the stay be lifted and to that end it has been transferred to your local court.

 

You should now be getting an AQ to fill in, have you got this? if so what date must you file it by?

 

Since you haven't filed a suitable defence, we will need details of the relevant facts in order to complete the AQ

 

1. have you had a copy of the agreement?

2. have you had a letter before action?

3. earlier capquest was mentioned, what was/is their invovement?

4. have you had a notice of assignment from both the original creditor and cabot and capquest, if they were involved?

5. what date does the alledged account date from roughly?

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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