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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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Cabot/Morgan & My Monument card case


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Allan,

 

I think that just about sums up Cabrot. :grin:

 

If only the D.J's could be made aware of how they operate.

 

AND. AND....

 

the O.F.T faced up to its responcibilities......

 

If only...

 

 

fussey

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OH WELL,

 

In court later on this morning (Thurs,,),

 

Guess what ., received a third witness statement yesterday from Cabrot.

 

Saying that the dates on the Deed of Sale for the Deed of Assignment were incorrect, and that ,

 

"after requesting my supervisor to supply the correct signed , offer for sale letter. we now have the correct date of sale."

 

Then a copied letter saying,

 

"1 We refer to the account sale agreement (such account sale agreemnt, as from time to time amended supplimented or novated being herein called the account sale agreement ) dated 12th Oct 2005

and made between ourselves and yourselves.

 

2 Terms defined in the account sale agreement shall bear the same meaning herein.

 

3 We hereby offer to sell you on the 27th September 2006 (the

offer date). the accounts (the accounts) listed in the schedule

hereto and notify you that :

 

(i) the aggregate Face amounts of the accounts listed in the

schedule hereto as at 21 september2006 (which shall

constitute the determination date for the purpose of this offer)

 

was XXXX blanked out XX

 

(ii) the offer price (inclusive of a discount of XXX is £XXX

 

This is just a copy A4 sheet at the bottom it says,

 

Yours faithfully'

( scribble )

For and on behalf of Barclays bank plc.

 

There is no headed "Barclays or their address " on the letter,

and no printed name for the scribbled signature.

 

Then, there is a blank sheet headed, " Schedule. (list of accounts)."

 

So still no direct evidence to my account...

 

wish me luck

 

 

fussey

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Hey Good Luck Fussey, That sounds like as much use as a chocolate fire guard, keep at the rights and duties as per S189 CCA its statute and therefore cannot be overlooked.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Any chance of posting it up here?

 

I assume there was no permission for them to file the WS? If so, then the Judge is perfectly at liberty to dismiss it.

 

In one of my cases one of my WS submissions was ignored entirely because I did not have permission to file it.... I suggest you argue the same!

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i'd be inclined to ask for an adjournment and costs

 

as a LIP you may need time to understand the signficance of this late change of evidence and you might want to take advice as to calling this witness to court to be questioned

 

a witness who changes his statement should be interrogated and the evidence tested

 

if the judge refuses the adjournment and you lose- then there is yet another ground for an appeal

Edited by diddydicky
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I guess you could respectfully point him to the law regarding Wilson and respectfully ask for him to re-consider the point???

 

 

personally i would not ask him to re consider the point and leave the situation whereby there is a possible ground of appeal for his self mis direction

 

also if he has spoken in the manner/tone you have reported- it may well indicate to an appeal judge a certain amount of bias

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Hiya all.

sorry I Lost.. feel like I let everyone down.:(

 

Same judge, same bias.

 

He agreed with Cabrot.

 

Heres a short version as I have to go to work now..

 

Don't need to see NoA it , "would be included in the sale agreement."

 

Shedule of accounts below, ( blank )

 

Yes Fussey " as I said it would already be in the Sale agreement".

 

Did you receive a D. N. fussey? well I cant find it I dont know if one was sent.....

 

Well on the "balance of probabilities", " I am happy that they would have sent you one, and in the absence of you not knowinh or being able to prove otherwise, I will accept that one was sent....:shock:

 

Judgement for claimant......

 

sir I wish to appeal......

 

WHY :-o

 

you have accepted no evidence frm Cabrot except when you asked their representative.

 

You have accepted "unlawfull rescission" as NO D.N.

 

I have already said fussey, In the balance of probabilities, I believe that they would have sent one.

 

You must remember that yu are dealing with LARGE crtedit card companies

who know what they need to do........

 

Appeal denied. Good afternoon.

 

I am shaken.... and most definatley STIRRED......

 

Fussey.

 

One Good Thing, they asked for £2650. costs judge said NO ( Small Claims)

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As someone once said in one of my threads 'where was this case heard a casino?'. Another DJ that has ignored Statute Law and taken the moral high ground, terrible and should definatley be appealed

 

I am shaken.... and most definatley STIRRED......

 

Dont let this one go Fussey

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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i totally agree another dj lottery...when are these dj's going to actually look at consumer law instead of just accepting what these idiots representing these companies say...the last line was a classic...you are dealing with a large credit card company who know what they need to know....unbelievable!!!

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O.K. time to stop sulking.......

 

Heres how it went.

 

Last hearing d.j. was shown that the T&C's were not the correct ones as Cabrot were saying they were.

 

At the Last Hearing he said that subject to Cabot supplying the correct T&C's from the Agreement, then he was "Happy that the (application form ), "agreement", was properley executed..

 

I had argued that, the T&C's show the wrong APR and Default charges. these being £18, ( they had allways been £24. on the statements.). I also pointed out that an entry from the "raw data action log", stated that the T&C's sent, were from Sept '06.

 

Cabot put in a W.S. that they had investigated this matter, unfortunatley they were only able to put forward the T&C's supplied by the original creditor, who has now supplied the correct ones.

 

Low and behold !,,, Cabot produced T&C's stating the charges would be £24.. However,

 

These T&C's were for Visa platinum, and Visa premium accounts, and printed proudly on the end was, " MONUMENT" also, the APR was incorrect.

They should have been for just a "PROVIDIAN Visa"

 

I showed his nibs this, and stood back....

 

Yes I see Mr Fussalot.. BUT. They would have been supplied at the time so I will accept that the agreement is "GOOD", AND,, AND, I will not be returning to this again, is that clear ?.. ( OUCH )

 

Oh well, here we go again....

 

I have not been shown a valid Notice of Assignment, in the Deed of Sale there is no mention that it applies to this account.

 

After he asked Cabrots "man", who explained that as they purchase up to 5oo accounts in any one time it is not practical to print each account as it could be against the Data Protection Act....

 

D.J....Mr. Fussalot, are you seriously expecting Cabot to print 5oo names and accounts, and then blank them out execpt for yours ?

 

No sir, I just wanted the proof of a Notice of Assignment.

 

We look at the letter in the trial bundle from Barclays to Cabrot ( see post 357 ) for the letter they used in court.

 

Do you accept that a sale was made mr Fussalot ?

 

Well, not from that letter sir....

 

Oh, and why would that be not acceptable to you ?

 

Well its looks to me like a photo copy of what Cabrot could have just printed off, as there is no headed "Barclays" on what is supposed to be their letter, And I can't see a name from Barclays ......

 

He then hit the roof...............

 

Mr Fussalot.. ( raised voice ).. I will not have you come in here alleging Fraud with no evidence to substansiate it.

 

YOU WERE SENT NOTICE OF THIS ASSIGNMENT AND THAT IS THE END OF THIS MATTER........

 

 

I do apologise... but I have to go to work..

I will continue later.

 

fussey.

 

 

Mine should have been PROVIDIAN

 

But he carried on

Edited by sir fussalot
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  • 2 weeks later...

So in order to SUM UP..

 

 

 

D,J ruled that the prescribed t&c were probabably in the accompanying leaflet.

 

D.J ruled that D.N. was sent and was O.K. ( without seeing it )

 

D.J dissmissed previous court order saying that the documents were to be produced. ( saying that he had already dealt with them ).

 

So no documents have been produced, ie, Notice of Assignment.

 

Default notice. agreement with the prescribed terms.

 

D.J. ignored evidence in the " Raw Data " log supplied by Cabrots, that ,

" application form re-scanned and sent." regarding my CCA request.

 

If I appeal... what is the likelyhood of success..

 

pos, maybe, good very good.

 

sir fus.

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An appeal Judge couldnt let this mountain of misdirection pass him by, as long as you set you stall out properly...:D

 

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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So in order to SUM UP..

 

 

 

D,J ruled that the prescribed t&c were probabably in the accompanying leaflet.

 

D.J ruled that D.N. was sent and was O.K. ( without seeing it )

 

D.J dissmissed previous court order saying that the documents were to be produced. ( saying that he had already dealt with them ).

 

So no documents have been produced, ie, Notice of Assignment.

 

Default notice. agreement with the prescribed terms.

 

D.J. ignored evidence in the " Raw Data " log supplied by Cabrots, that ,

" application form re-scanned and sent." regarding my CCA request.

 

If I appeal... what is the likelyhood of success..

 

pos, maybe, good very good.

 

sir fus.

 

i am no expert - but i'd say that the chances of success a very high

 

so much so in fact that you may want to tout it around a few CFA lawyers

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