Cabot - Halifax Credit Card - Cabot now started Court Action - Help Please ***SETTLED***

[BRIGADIER2JCS]

I notice Cabot don't refer to their default in the later correspondence.

[BRIGADIER2JCS]

Yes I agree I have seen aknowledgement letter sating that a company has 7 days from receipt to respond.

[BRIGADIER2JCS]

That needs careful analysis to see what resulted.

[BRIGADIER2JCS]

No I think not, the points you make a straight forward an simple which the Judge will like,

You will be wise to take all the correspondence you have sent so you can prove that you have

made the effort to resolve the dispute which is a point in in your favour perhaps one of the site team could put what you have above in order for you.

[BRIGADIER2JCS]

1 a DCA cannot produce a CCA it must come from the original creditor

2 can you post up the ap form after removing personal data

3 I think a judge will review th reconstituted contract on the balance of probabilities.

4 The repayments can be arranged by agreement at the hearing

5 You need to see the documents they intend to rely on so yes wait.

[BRIGADIER2JCS]

Yep but that's easy I would have serious doubts about the recon headed application that cannot possibly prove

that the application was accepted.

[BRIGADIER2JCS]

AS previously mentioned judges are more inclined recently to allow recons by the bance of probabilities thatban agreement was made

especially if statements etc are available which show payments etc.

[BRIGADIER2JCS]

Please keep us posted on progress.

[BRIGADIER2JCS]

They will often rely on statements showing payments made to the account and the Judge

will go on the balance of probabilities that an agreement does or does not exist.

[BRIGADIER2JCS]

Hi Alan, on recent experience in court( not my debt)

the judge allowed a reconstituted agreement and the production of statements showing clearly

that the defendant had paid installment on the account that the account/agreement must have existed.

if Cabot can prove that they have been assigned all rights under the agreement they can pursue for payment IMHO.

[BRIGADIER2JCS]

Probably Monday IMHO.

[BRIGADIER2JCS]

Sounds good to me.

[BRIGADIER2JCS]

Post 248 very strange:?:

[BRIGADIER2JCS]

Hi lamb, This may sound silly but the number of cases I have been involved with

where the judge in a County Court has been completely overwhelmed by the amount of legal jargon/case law etc.

and has said just tell me the facts as you see them has outnumbered the times a judge has read every word of every submission.I think is's

often best to keep it as simple as possible.

[BRIGADIER2JCS]

Hi Caro iI see to many case of people loosing as L's IP by complicating thing s so much

that even competent judges are phased by the jargon (heaven forbid WE would ever do this)

[BRIGADIER2JCS]

Down to the judge is right, but some may not be appreciative of the tactic.

[BRIGADIER2JCS]

Hi, Lamb. please do not ever feel you have ever waste any ones time, we are here

to help each other as much as we can,the expertise,knowledge and PURE COMMON SENSE

advice on here can only go so far!!

In my very humble opinion I think you should seek face to face legal advice as Mould has said the consequence of defending

in this situation could cause more problems for you,this is my opinion only some of the others may see things another way.

My very best wishes

Brig..

[BRIGADIER2JCS]

Hello Lamb,

Do you really want to discontinue the defence ,as they would probably then seek a summary judgement,

there is another way to settle this if it'a not to late and That is the Court Mediation Service, have you had

an applications questionnaire from the court, it give you the choice of track through the court, small claims

or fast track or mediation.

If both parties agree to mediation a telephone ''appointment'' is made and a mediator often a very charming lady who is completely

neutral will be ''piggy in the middle'' between you and the claimant, the mediator is not a judge and cannot advise you

on matters of law.

You tell the mediator what you would like to happen, the mediator tell the claimant then you are told their reply.

If you can reach an agreement a Tomlin order can be made setting out the terms of the agreement made it is totally binding on both parties,

and is totally confidential I have done a number of these as a ''litigation Friend'' and can assure you that it is in no way traumatic.

Considering the way you feel I think this might be the best solution, some I have dealt with have settled for a little as £5 per month.

Please check it out for your self, and please try not to worry you are NOT wasting any bodies time:-D wea re all happy to help.

[BRIGADIER2JCS]

Lamb have a look at my post on mediation.

[BRIGADIER2JCS]

Good Luck Lamb, try no to lets this stress you .

Regards,

Brig.

[BRIGADIER2JCS]

Mediation seems to be the best prospect of concluding this without creating more stress for lamb,

I have dont several times as a litigation friend and it is simple and painless.

[BRIGADIER2JCS]

Hi Caro I have acted as litigation friend in 8 mediation sessions and all have proved beneficial to

the defendant, in that they are not saddled with a CCJ and in all the repayment schedule has been

a great relief to them as as long as the payments are maintained there is no more hassle from the DCA

some of these have extraordinary long terms for repayment but at a rate affordable to the defendant.

[BRIGADIER2JCS]

With mediation as long as it takes to pay a debt at £1 =10 per month say 2000 the time scale can vary often up to

4 -500 months, and as long as payments are made no CCJ is recorded.

The claim is stayed until the completion of the agreed period.

[BRIGADIER2JCS]

The judge would want a full I&E statement and would assess disposable income quite

often it is as low as £1.00 per month.

[BRIGADIER2JCS]

Hi Caro,/Lamb just a suggestion as you have been advising Lamb so well,do you

think Lambs health problems constitute grounds for being a vulnerable person?