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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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applying for dca claim strikeout


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hello this is my first post so please forgive any mistakes.

 

i have recently defended a court action with mkdp for a old hsbc current account with overdraught

that has ended up at 4800 pounds .

 

the posision now is that mkdp didnt send a cca request

but sent a letter saying it could take 8 weeks.

 

the 33 days for them to respond to my court defence has passed.

 

i presume this will now be stayed.

 

sorry forgot to say my defence was that this account is statute barred.

 

7 years of no contact or payment by myself since cause of action.

 

should i now send a n244 to ask it be struck out

on the basis that this claiam is without merit.

 

mkdp had put a default on my credit file in 09 which was 2 years after cause of action.

but served nothing on me before the court claim.

 

i would appreciate some advice as to whether i should leave alone and see what moves they make

 

.i would prefer to kill it if poss but i am now stumped.

 

thanyou in anticipation.

 

chindit

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I would suggest that hsbc put that default on

before they sold the debt on.

 

did you send an sar to get all the statements from HSBC?

 

might be an idea.

 

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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CCA for a current account? thought they didnt apply for current accounts?.

 

Someone will come along shortly. I suspect you might need to follow the instructions that will be forthcoming form the site team about how to upload documents.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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hi and thanks for the reply

 

yes i think hsbc will have done.

 

i did send a sars hsbc replied wanting a signiture .

which i did not want to give

 

however with it being statute barred.

 

didnt think that was important.

 

thought i would concentrate on mkdp

 

.they havent sent anything to support their claim or responded to my defence.

 

they want up to 8 weeks to send documents i feel they should have these before putting me in court.

 

if they cant respond to my defence i dont believe they have anything to support their claim .

 

i really want to clear this up one way or another.

 

ie.put up or shut up.

 

thanks again.

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As far as Im aware CCA request does not apply for current accounts and associated overdrafts.

Im sure someone will be able to confirm shortly.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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hi i need some advice if you would be so kind.i am about to fill in a n244 form from the county court re a claim by mkdp.which i have defended as statute barred. mkdp have not supplied cca n.o.a etc.or responded to my defence.i would like to apply to have the claim struck out. i would like to know the proper wording to ask the court to do this . hope you will help kind regards chindit.

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If you have defended on the basis that it is SB - then you don't need to do any more. However, it would have been a good idea to raise the issue of the CCA as well in the same defence.

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You might want to provide the details of their claim (without personal info)

 

Why do you believe the account to be statute barred

When was last payment made on the account.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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two threads merged

 

keep to this thread please

 

can you fill this in so we know all the details

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

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 and thanks for responding.it is well over the 6 years cant be exact around 7 but they havent responded to my defence and i would like to kill this if possible.regards.

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You wont receive a copy of an agreement if this is a current account - you should however receive a copy of hte facility letter.

 

If you submitted a Statute barred defence, then it will be up to them now to prove that it isnt.

 

I doubt very much that you would be able to obtain a strike out so early in the game. If they have still not responded say within 3 months, then it could be worth considering.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thankyou for you reply

 

it has been 6 weeks now.

 

i read somewhere they had 12 plus 2 days to send requested proof

and 33 days to respond to my court defence.

 

then another month after that i could apply for strike out

 

.i just wanted to have everything ready to send to the court.

 

also on their claim form it states this debt was a bank account facility regulated by the c.c.a

 

i thought therefore a cca request would be valid.

 

your thoughts would be greatly appreciated.

 

regards chindit.

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I think andyorch would be able to explain the "current account" situation as regards to the Consumer Credit Act, far better than I can.. there is some protection, but there just isnt an agreement as such. However you should have received a letter explaining what the amount of the OD/ interest and other pertinent facts such as when they could call the borrowing in and stuff like that.

 

Once you have submitted a defence, the claimant has 28 days in which to decide if they wish to proceed, after which time the court stays it. Either party can request that the stay be lifted .. the claimant to confirm they wish to proceed or the defendant in order to request a strike out. I think there is a fee for this.

 

For the CCA request, the compliance time is indeed 12 working days + 2 . Whilst the s78 request is in default then the claimant should not be able to proceed.

 

IMHO, I think they should also not be permitted to issue a claim unless they have the information on which they base their claim. It must be an abuse of process to issue a claim when they do not have this information and then simply have it languishing whilst they try to either find or reconstruct one !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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thanks for your reply i think you talk a lot of sense.i spoke to northampton court today mkdp have not responded.i will now send n244 form asking for it to be struck out i will keep you posted.kind regards chindit.

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Overdrafts whilst partially covered by the CCA 1974 are exempt except for part v..there is no agreement (CCA) but a facility service agreement.

I have only ever seen one claimant comply in 30 years.

 

As for your strike out the fee is £155.00 you will have to include the payment with your application N244 and enclose a draft order stating why you want it struck out and which CPR PD,s you will be relying on and pursuant to.

 

Regards

 

Andy

We could do with some help from you.

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