Only a few days to get my complex defence in- Cabot

[maddiemay]

http://www.consumeractiongroup.co.uk/forum/showthread.php?299046-Only-a-few-days-to-get-my-complex-defence-in-Cabot

[maddiemay]

They didn't supply anything until the court ordered them to in Feb, POC pretty basic stuff, I do owe the amount they are claiming is just arrears, but I know it is in actual fact the entire total debt, I am happy to pay them this amount, dont feel I should because they have been a tad deceitful, but I really dont think I can do this for much longer, its so draining!

If I admit defeat and agree to pay them the amount claimed, they'll only come after me at a later date for the non existing 'balance'

so I have to give it a go really

[coledog]

What exactly do you have to submit tomorrow and have you got the POC handy? I will have to look again tomorrow but if you can provide a brief summary of where this is at?

[coledog]

If you have a look at the 'split claim' thread, you will see that if you pay the first claim or they win it, they will be breaking the regulations if they come back at you for the balance. You could really hammer them for doing this

[maddiemay]

Yea, I had a lok through the split claim link you kindly posted last night, but I dont think it is relevant to my case. The claimant claims I owe them £2,***, which is solely arrears, hence why they say they in their witness statement, they didnt have to serve a default notice on me prior to the issue of proceedings, because the account hasnt been terminated, nor are they claiming the full balance.

 

The problem is that I know it is not just arrears but in fact the entire total outstanding balance, and yesterday, I did actually find the default notice received from the original creditor 3 years ago. I cant see anywhere on the claim form relating to the fact that they may claim the 'remaining balance' at a later date, so dont think a split claim is what thery're up to here.

 

I believe (well I know) that they have not sent me a default notice (nor do they know the OC sent one) and when ordered to produce a copy of it by the court, they couldnt, so instead invented the fact that that amount claimed was just arrears and therefore dont have to.

I hope that makes sense, and please feel free to correct me if I'm wrong, thats the only way I'll learn

 

Maddie

[maddiemay]

Well, I went to the court this morning to file my amended defence, I asked the clerk if she could try and get the paperwork attached to the file before it goes before the judge today, to decide if the extention of time should be granted to the other side, as luck would have it, the judge was just about to look at the case and said, since I was there I just as well go in, as is my right to be present. Thats all I can say at this stage, but it did seem to go well. The extention was granted in order for the claimant to provide documents I know full well they will never be able to do no matter how long they are given. Judge seemed to know only too well, how this bunch work! Lets hope I get him at the next hearing.

I'll keep you posted

 

Maddie

[maddiemay]

Urgent help Please.

 

Im so very sorry I have had to call on you guys for help again, I have spent the last 2 days constantly at the computer trying to put together a witness statement which should have been submitted last friday along with all the documents I wish to rely on at the hearing just over a week away, Im hoping due to my illness the court will be a bit more lenient on me and accept the docs in person tomorrow!

What I need to know tonight if possible please, is The credit card account in question was taken out in 2004, what should the consumer credit agreement contain to make it enforceable in court next week and where can I find it, that would be acceptable to quote from.

I'll break for a headache pill now I think and hope someone gets back to me soon. As a matter of interest Cabot are referring to a 'Reply Card' as the consumer credit agreement Thanks again M

[rebel11]

Hi maddie

 

It's been flagged up for the Site Team.

[postggj]

Cabot are referring to a 'Reply Card' as the consumer credit agreement Thanks again M

have you posted up on photobucket that card

[maddiemay]

No, but I will have a go now, please stay with me!!!

[cymruambyth]

Is it Monument? My DJ accepted that a separate folded leaflet was attached to the reply card and therefore made it enforceable!!!

[maddiemay]

No Vanquis,

[maddiemay]

Ive tried to get the picture from photobucket, but failed, cant see what it is im doing wrong! There isnt a great deal to see to be honest, just a rectangular box headed Acceptance reply card, 1) my name and address, telephone number and date of birth 2) is missing 3) is a box headed declaration, credit agreement regulated blah blah in tiny tiny writing, my signiture the date and a 'Your right to cancel' Thats it really, not sure if thats any help. Im still hoping to find out what the prescribed terms of an enforceable agreement would be, Please

[cymruambyth]

Did you get my PM?

[dx100uk]

5 threads merged.please keep to ONE thread per debt.

 

if you need to post docs etc use:

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[dx100uk]

i have limited legal knowledge.........however.......

 

have you checked your CRA to see if this debt exists and what it says?

 

i would not rely on any 'paperwork' errors to get you off this debt if it is yours

 

if a clear financial link exists between you and vanquish, and with what you already have in terms of docs from the OC/DCA/Solicitor ,

 

then i fear the worst here.

 

dx

[maddiemay]

Just completed my witness statement and prepared my court bundle @ 04.17, probably too late to submit anyway, should have been in last Friday, if I dont win this one, it will be the last time I ever try to fight, its just too stressfull.

Have given it my very best shot, will let you know the outcome regardless

[cymruambyth]

Hi, I know you are feeling down and stressed but don't right everything off, you become more competent with the battles!

 

I have failed on my own account, but different DJ who knew the law .....threw out a case against my OH! If anything my case was stronger but the lottery won!

[maddiemay]

Many thanks everyone

[maddiemay]

Had probably one of the coldest women DJ'S ever! combined with the sweatiest and greasiest Cabot representitive, who in all honesty I should have been able to wipe the floor with he was so pathetic! I was intimadated by the judge and my mind just went blank!

 

I will be well into my 90's before the judgement amount is paid, they didnt get the £3,000 in costs though, so that a bit of a victory for me and Im so glad its all over and done with.

[AndyOrch]

Forthwith or installments Maddie?

 

Regards

 

Andy

[maddiemay]

Ha ha, just found him on facebook and guess what....HE ONLY HAS 22 FRIENDS, ha ha made my day!!!

[maddiemay]

Installments, I made a point of asking the Judge for that

[cymruambyth]

Don't be surprised if they try for a CO. As long as your payments are maintained you can defend against it.

 

DJ lottery is a bummer!

[maddiemay]

I did say to the DJ, they'll want a CO, she said as long as I maintain payments they cant, but like you say they will anyway, probably wont bother to defend, tried that in the past with my husbands creditors to no avail!

 

The judgement payments work at at around £90 a year, would there be any reason why I couldnt pay the whole years payments in one go, then forget about it till the next payment is due? Any advice on that would be helpful