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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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MadMat

Cabot/mortimer - claimform - Old CAP1 Card 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 603 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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OK I guess it's time to start putting a defence together - couple of questions

 

1) In the Cabot CCA reply they gave me the original account number, is it worth doing a SAR to cap1 at this stage to find out for sure about the statute barred status. or will it be all over before I get a reply.

 

2) if I use a holding/prove it defence as i've seen in many other threads, and later find out it is statute barred can I change the defence at a later stage?

 

Mat

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1.Depends on how fast the claim is processed...but you wont have it in time for a defence.

 

2. Not recommended ...you will incure fees and costs to the claimant...do everything in your power now to determine if its SB or not.


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cant you ring cap1 and ask? now you have full account number?

 

 

dx


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Doh! yes of course I can. Last payment was April 2009. would appear i'm a couple months short :(

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OK I've been poking around the success forums and other similar claims in progress, and have shamelessly lifted and slightly modified the following. am I on the right track?

 

Particulars of Claim (for reference)

 

 

1 .“By an agreement between Capital One and the defendant on or around 27/05/2004 Cap1 agreed to issue the defendant with a credit card upon the terms and conditions set out Theron.

 

2.In breech of the agreement the defendant failed to make the minimum payments due & the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

 

DEFENCE:

 

I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with Capital One for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer crediticon Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement with the Claimant; and

(b) Show how the Defendant has reached the amount claimed for; and

© Show evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974.

 

17. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Particulars added for reference

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OK defence submitted, guess I now wait and see what they come up with ?

 

Mat

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and confirmation from the court that defence has been received and served on claimant received today. says they have 28 days to decide if they want to continue.

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Had a letter from Mortimer,

 

"We are continuing to liaise with our client with relation to the comments detailed in your defense and correspondence. We will come back to you as soon as we have received an update.

 

In the meantime this matter has been placed on hold and no further action will be taken"

 

Seems like a good sign to me - am I right that they have 28 days from the day I filed the defense before the court automatically stay the claim ?

 

Mat

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Almost right - except it's 28 days from the deemed date of service to M C . . . oh and defence not defense.

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Just had a big thick envelope back from Cabot

 

complete set of statements going back to account opening, what appears to be a credit agreement :( and a set of T&C on separate sheets.

 

Is this agreement enforceable? looks like my signature, although I don't remember signing it, date is also in my handwriting

 

It does say in part of the small print - "If accepted" so It looks like it might have originally been part of the application form.

 

Mat

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and the T&C's please

 

 

that's an application form.

 

 

dx


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T&C - all 5 pages. sorry about scanning quality, I don't have a flatbed scanner I've done this with my phone!

 

Mat

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you've duplicated one page and missed another

 

 

look on the application form

it references atleast point 23

cant see that page.

 

 

don't think V10# is for an app form of that date


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Ooops sorry try this version.

 

Thanks

 

Mat

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And this mornings post brings another big envelope, with an exact duplicate copy of yesterdays info! I'm wondering if Cabot might have mistakenly sent me the copy they intended to sent to Mortimer?

 

Mat

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I've been reading through some old similar threads,

 

and notice that reclaiming charges is mentioned in several of them

 

- is this something that I should look into,

 

the statements I've been sent by Cabot show that the outstanding balance is pretty much all made up from £12 a time late payment and overlimit fees!

 

Mat

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only in relation to poss mediation IF that happens

 

 

CISheet v101.xls


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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My Defence was recieved by the court on 12th Feb, the Letter I got from them confirming that was also dated 12th Feb, Will I see a new entry on MCOL if the case is Stayed? last entry on there is the defence accepted 12/02/15.

 

Assuming the letter to Claimant was sent on the 12th how long do they allow for service? 28 days was last thursday . . . .

 

Mat

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they have all the time they like

ball is in their court

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ahh Ok my misunderstanding

 

The letter I got from Northampton says that the case would be stayed if they don't respond in 28 days! I assumed that it being stayed would be good for me as they'd then have to pay to apply to get the stay lifted!

 

Mat

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It's now over two months since I sent in my defence, and still no response, which I guess is a reply in it's own right!

 

As it's very likely I won't be coming back to this thread again, and I'm going to stop my daily checks of the MCOL site for any updates, I'd like to say a big thankyou to everyone that made useful replies to my thread, Especially dx100uk and Andyorch.

 

Thanks all!

 

Mat

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Two months is not long on a stayed claim Mat...you may well be returning if the claimant wishes to proceed...but put this behind you for now.

You will know if they wish to proceed by notice of the court.

 

Regards

 

Andy


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You were Right as usual Andy!!

 

Just before Xmas I received a letter from Mortimer offering to settle for 50% via a Tomlin order. Giving me 30 days to reply.

Nothing at all received from Northampton.

 

Just wanted to double check that my intended plan of completely ignoring this letter was the correct one!

 

Mat

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Its your choice Mat you can ignore or you can accept...are they bluffing with the 30 days or would they make application to proceed their claim ?

 

Do they state what will happen after 30 days?


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