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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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NoJusticeJustUs

Allocation Questionnaire received from the big C

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Hi,

 

have a case pending with a well known firm of DCA.

I lodged defence - SB and no enforceable CCA.

 

DCA have not supplied any docs either with NOC or AQ - and despite CCA request in 2005 I still have no enforceable CCA or default notice, NOA, DOA, statements of interest added etc etc.

 

I have letter ready to go asking for disclosure within 7 working days of receipt - does this sound reasonable request?

 

DCA now saying that this case not covered by Pre-Action protocols - although they are prepared to abide by the spirit of them. They have actually written this in their AQ - which I received today and which presumably has gone to the court - although the closing date for receipt is not until 29.12.09 - which perturbs me a bit.

 

They put in the AQ that they have enclosed docs with the AQ, but have not copied them to me.

 

They have also asked for a stay of 1 month and ticked yes to considering settlement, but no to mediation.

 

Is it correct that the case is not covered by pre Action protocols? I understood it that they have to abide by general protocols and procedures in any case.

 

DCA saying that 3 payments of £1.00 made to third party collections agency in the month that the debt became SB - after a gap of 6 years with no acknowledgement or payment. This is untrue. They stated this in 2 separate letters - one with 1 payment date alleged and 1 with 2 payment dates alleged. These letters are signed by different people. This is untrue and I am concerned.

 

Should I be taking this concern to the police?

 

DCA also asking for £5,000 costs on fast track case with value of £11,000 (£16,000 total value of claim) - although initial NOC says £11,000 plus interest. - OC amount was £5,000 back in 2000 - other amounts must be interest and charges. Interest was originally frozen by initial in-house collections agency (have letter to prove this).

 

Is this reasonable given that there is no legal counsel involved and the case seems to be being run by in-house litigation agents?

 

I have also drafted out my Allocation Questionnaire response and additional info including Draft order for Directions asking for disclosure within 14 days if no response to my 7 day disclosure request. My AQ additional info covers all the points in my defence and raises issues surrounding the absence of docs and non compliance with pre-Action protocols.

 

I would appreciate any comments and assistance with these questions.

 

I have spoken to the court and advised them that I want to apply for Draft Directions - been told to go ahead as Judicial Matter and will be dealt with by DJ when reads AQ.

 

Also discussed applying for Strike Out on 3 counts and been told to submit AQ and then re-contact court to proceed further if applicable rather than sending in any application or fee with the AQ.

 

I have written all this in AQ as was advised when enquired at court to put as much info in AQ as possible.

Edited by NoJusticeJustUs
Keeping it professional

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This is a complicated one! The first time I have heard of a DCA starting court action, especially for a SB debt, and also falsifying evidence. This lot seem to be out to get you. Who are they, and why. The story might help to answer some of your questions.

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Its not unusual at all for a DCA to be starting Court action-these forums are full of examples including SB's although these days they are less likely to in view of successes by CAGGERS who have challenged them and won with costs,and also regulators warnings.

From what you say,the DCA sounds reminiscant of a couple of those known to CAG I have my thoughts of one in particular.

The Court have advised you well but you need further help I know.

Why they have told you there is no pre action protocols required has me baffled have they put this in writing ?

I suspect not.

I will flag this up for site team but please be patient.

Anyone who can offer pointers meantime-feel free.

I think theres a few questions that need answering tho to fully determine the strats.

If you have concerns about falsified evidence then it should remain something that needs to be looked at and a determination made with evidence rather than stating it as known facts-so please be careful to distinguish and avoid libellous postings until that can be seen.

Edited by MARTIN3030
after thoughts

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Actually its not so clear who "C" refers to reading again is it the DCA or Court ?

It will help to know who the DCA is since dealing with the issues you face and thoughts from people on CAG can often rely on this to plan the course.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for looking through.

I have edited my post on your advice.

I have not seen the evidence although they have stated in AQ that docs were sent to the court.

and yes thy have stated in AQ that debt cases are not subject to pre-action protocols.

Can I PM you later your box is full at the moment.

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yes sure.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I tried to reach you by the CAG LLP messenger but you didnt respond.

Ok will clear some pms to make space now.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok have replied.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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As this appears to be a court claim at AQ stage, I have moved you to the legal forums in order to get more advice.

 

However, unless you give more detail then those wishing to help might find it difficult.


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Shocking.....I would also let TS know about this as well as the OFT, your MP and this chap - BBC NEWS | Politics | Find Your MP | Harrow West | Gareth Thomas

 

Just adding a useful link for you....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html#post1744862


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Yes consensus from the team is unanimous NJ it appears that you have got some pretty damning stuff-which need to be used to the max in achieving exposure to whats been put out by C.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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sorry to be ignorant but how do i follow my post now it's on the legal forum?

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You are here in the Legal Issues forum !! so you did find it !!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If you click on your user CP (at the top left hand of this thread) it should open up your page and show a list of threads you are subscribed to-you can go quickly from there if not using the main sub group menu.

You can also subscribe to email notifications-can often be handy if you are working off site to alert you to new replies.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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