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    • No Cabot has made up a false debt at another bank account debt to try to force me to court as they had failed on a previous debt. I think they are trying to say my old debt is not statute barred. This is dirty tactics.
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
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    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
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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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