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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
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cabot /morgan Claimform CITICARD-last year had a Wright Hassle SD attempt too!!


dillon21
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which of your existing threads is this to do with please so we can get the necessary background info

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Sorry been really poorly

its not to do with any of the previous posts

 

 

its one my OH had a form from the court

 

 

sent acknowledgement back saying he had asked for a sar

 

 

he didn't get a relpy

 

 

now received this form saying proposed allocation to the small claims track

 

 

just need to know how and the best way to fill this in

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i'll move it to legals

 

 

gonna need the background info please

 

 

sar is of no good!

 

 

can you please fill this in:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of Claiment Cabot Financial uk

issue date 24 nov 14

original creditor citi card

value of claim is £2,824.31

credit card

had notice of assignment]

received a default notice I think

my husband had no work I can now make an offer of a mounthly payment but not sure how to go about this now the courts involved

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and the POC please?

 

 

they'll have a VERY hard job in getting the Agreement for a citi card

let alone the CORRECT T&C's for your date. of card

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did you send them a CCA request

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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god this is like pulling teeth.

 

 

you cant ever expect the legal crew to be able to help you fill in these forms if you do not tell us everything you have done to date

and type out the PoC as it appears on the claimform please

[minus your pers info ofcourse]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n180-eng.pdf

 

The above the N180 is what you are submitting dillon?

 

Yes to mediation...the rest is really self explanatory.

 

Andy

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  • 1 month later...

Hi

Please can you tell me if there is anything I can do have received a letter from court saying the defence dated 6 Dec 2014 be struck out as disclosing no legal basis for defending the claim please tell me what steps I can take they want £3009.31 to bre paid br 26th March

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Hi

Please can you tell me if there is anything I can do have received a letter from court saying the defence dated 6 Dec 2014 be struck out as disclosing no legal basis for defending the claim please tell me what steps I can take they want £3009.31 to bre paid br 26th March

A defence must comply with CPR rule 16, if it does not then the Court will strike it out generally.

 

If you can post a little more information then that would be helpful, however you must move promptly other wise you will be in extreme difficulty.

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what does the order say, word for word. eg does it say can object within 7 days? did claimant make an app'n for strike out? etc

is there a related thread re this?

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I think at this stage getting the background to the case is most important, as even if the order provides a right to set aside unless the case has merit and arguments can be formulated as to why the case has a prospect of success or in the alternative the defence needs amendment or the Claimant hasnt provided discovery, without that background you arent going to be able to do diddly squat with the case moving forward. Thats the biggest problem i see here

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Dillon, we need to know which debt this was - do you have a thread in respect of it. We want to who the claimant is/was and word for word, the defence you submitted.

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as always theres bound to be an existing thread there always is with dillion...

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi I put a post on yesterday defence struck out and

 

 

I have now had time to look through all paper work and have found it relates to this case

sorry to dx100 uk for being very annoying but I'm not very good with theses things if I was I wouldn't be in this mess

 

 

hopefully andyroch who helped me with the forms for the court will advise me again

 

 

after sending forms back to the court for mediation

I received a letter saying they were trying to arrange mediation between the 9th and 25th Feb

I heard nothing

 

 

then a letter dated 12th feb saying the mediation team could not secure an appointment

it was transferred back to the court stating on receipt the file will be referred to a procedural judge

who will allocate the claim to track and give case management directions details will be sent to you in a notice of allocation

 

 

then I receive the letter I posted yesterday say defence struck out

 

 

any advice gratefully accepted as I can't afford to pay £3000 by 26 March

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threads merged YET AGAIN!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Dillon

 

 

we need you to type up their particulars of claim from the claimform

 

 

and we need to see what defence you filed please.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 

 

then I receive the letter I posted yesterday say defence struck out

 

 

 

also, what does the order say, word for word. (minus any personal info)

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The particulars are as stated above the amount owing Cabot I wrote back stating on my defence I had requested SAR and CCA but had not received any thing back from them I don't know what other info you would need from the claim for I stated the amount who the claimant is and all dates what else is there. I need to let you know I will gladly look and send any other info

Many Thanks

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If you would respond to post #79 and #80 dillon..then I will be able to advise.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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you've missed a bit out from the text of the POC

please type it up.

 

 

and also what defence did you file

we need to see that too.

 

 

 

 

get that N180 done PDQ!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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