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    • draft order   Leicester County Court County Court 90 Wellington Street Leicester LE1 6HG   In the Leicester county court Claim, No 164MC057 Before District Judge McClure Dated 23//10 2020 Claimant/s Mrs XXXXXX Mrs xxxxxxxxxxx  (nee xxxxxx xxxxxx) and Defendant Goosedale Ltd T/A Goosedale Draft Order IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant xxxxxxxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1) ###### End of Order ###### Amended Particulars of claim for N1. The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.        
    • I attach the N244 AND Letter and the defendants letter below in order as I complete each step   Thank you I will send these via email to the Court after 13.00hrs cag N244.pdf
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    • Thank you Andy no nothing has changed its still the same for £7700 I was going to include the interest and costs, but I understand the claim now a little better, we have been told to work from home, I have printed off the N244 as I could not save a copy I have detailed everything as stated.   I will post up the two letters to be attached the defendants and my daughters, can ii add that she gives me permission to represent her in court as she will be abroad when the claim goes to Court I can get a witness statement from her to confirm this too.   So with the application N244 completed as above for £7700 plus costs and interest I will attache my daughters letter as detailed under Sec 19 (2.1) Defendants letter giving no objections    I will send this by email tonight after I have finished work
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Bank have No CCA but debt sold to Cabot


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Hi folks i'm looking for a bit of help here.

 

Bank pursued me for a cc debt in 2009 and raised an ordinary cause action in the local court, however they could not provide me with a copy of the cca and withdrew their action on the back of this - the case was not heard in the courts, just withdrawn by their solicitors.

 

I've heard nothing since however, i've now got a letter from Cabot asking for me to get in touch as they now own the debt and clearly want me to pay it.

Can someone help me with a letter or guide me in what i should be doing? If there is no agreement how can the bank sell the debt and how can cabot expect to collect on it - more importantly i'm up to my eyes in it just now and the last thing i need is another DCA hassling me for money, when i'm just about managing to keep my head above water how do i put a stop to this now, can anyone help me!

:-(

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Thanks Rebel11

i've not received a letter of assignment from the bank and i've not made a CCA request to Cabot as i did all this with the bank and their solicitors at the time i was served with a papers for court. They did not reply to my requests for a CCA but they had the court case 'sisted' while they looked for it. The case was then withdrawn by the bank, i assumed it was because they could not locate a copy of a CCA.

Do you think it is worthwhile writing to Cabot for one as i thought the bank could.not enforce things without one and why do you think the bank have sold a debt they know they have no CCA for?

Unfortunately your link takes me to a suggested letter called letter to be used when a DCA refuses to comply with a CCA request i'm not sure if this would be the correct letter to send.

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okay, i'll ask why i've not been sent a notice and i'll send a CCA request to cabot

 

i've been looking at the library for a suitable letter and i've come across one called

 

" A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency"

 

do you think this would be a better one to send - would it resolve the matter quicker - or is it better to request the CCA from Cabot and details of why i was not sent a notice of assignment? You guys are the experts and i'll trust your judgement on this it's just that i'm just so stressed with things at the moment that i want this sorted in the quickest way

Edited by BackinCharge
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Hi, BackinCharge.

 

I've given Ida a shout, she should look in when she's online, what was the debt and what sort of money are we talking about still being due.

 
 

Any advice I give is honest and in good faith.:)

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Hiya,

 

Although they may not have an agreement as proved by the earlier action they can still 'request' payment. Do you know when yu actually last made a payment tpwards this debt?

 

When you were dealing with the earlier court action they would have been options to apply for so they couldn't come back to you but obviously they just withdrew so allowing them still to request payment.

 

Ida x

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think you would need to send a tailored letter, got my hands full just now but we will see if we can get something knocked up today or tomorrow

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Thanks again Ida, that sounds geat i appreciate your help with this. Anything that will help me out will be really appreciated. i'm no too good at letters so anything you can suggest would be a great help to me.

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Hi Ida i was wondering if you had had any further thoughts on a possible letter i could send? I know you said you were busy at the moment and i appreciate your help, but i'm just a bit concerned about what action Cabot might consider taking if i appear to be ignoring their letter.

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will work on it today and get something posted up tonight for you -

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Dear Cabot,

 

Thank you for your letter dated xx/xx/xx.

 

I would advise you to refer this account back to your client. Your client iniated court proceedings in 20xx and subsequently withdrew their application due to non disclosure of documents that they required to bring any proceedings regarding the above alleged debt.

 

Please note that until such time they can disclose such documents we will not be making any offer of payment and will not be harassed into making any. Please be advised that any further demands of payments from yourselves or any other company trying to collect on the alleged debt will be forwarded with a complaint to the relevant authorities.

 

Please reply within 7 days confirming that you have now closed this account and referred it back to your client.

 

 

send recorded delivery

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is that how you spell iniated :|

 

initiated :-D

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks Ida sorry for the delay in replying but I don't have a PC at home and can only get on one at the library or when i'm at friends or visiting family, i'll get this done though and i'll send this off to them today/tomorrow.

 

Just one further question, I'm not sure if it makes any difference at this stage, but i've just re read the letter from cabot and it does say that they are aware that XXXX had previously taken legal action against me.......and i should contact their solicitors to discuss the options for repaying...... does this make any difference to what i need to say in the letter to them? i'm sorry i did'nt mention this earlier but i've only just re read the letter again.

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clearly they don't have the CCA which makes them unable to get an enforcement order or very difficult at the least. They can however register a default against you. Have they already done this? Sorry if you have mentioned this already. The view I have on these debts is something others on these forums do not agree with - that is fine. But please listen to both views. I have fought and won a few of these, but believe me as you may know , the prospect of going to court to defend these is pretty intimidating.

 

How bad is your debt. Is your credit rating knackered? Can you afford any sort of lump sum towards this? You are in a good position to negotiate a settlement for this, or you can just ignore all of the threatograms they send, but I would be proactive and get this outnof the way any way you can.

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if Ida is about i'd appreciate her views on my post #20. I've prepared the letter as suggested but i'm not sure if i should send it as it is given that Cabot's letter indicates that they are aware that XXXX had previously taken legal action against me. I just want to make sure that i'm sending the letter to them in the hope that they will go away!!

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In all honesty debt never just goes away. Unless they write and tell you that. You are in a good position, so yes wait til Ida responds, Ida has been a great help to me so hopefully you will get somewhere with her advice. I have been slowly tackling my debts one at a time and it is tough. Right now I need final closure, hence why I am prepared to go to court over mine. I have nothing else to lose and want to move on.

 

If you feel you are going round in circles with this then repost and then and only then, you can try the route I have with unenforceability. It's ****, but will get you closure and stop the letter tennis that I went through

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