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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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mrcooper

Cabot/Weigtmans Claim Form- Lloyd's loan 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1616 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.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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1000's of speculative claims issued every week

 

 

hoping for a non contested default judgement


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" have spoken to Weightmans who have confirmed that they received notification from their client on 31st March to go proceed with court action"

 

Doesn't mean they have advised the court to proceed...that's just for your benefit...mind games do not copy that letter to them.

 

Andy


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Quick update

 

- the court have advised me that they have received Cabot/Weightmans intention to proceed

and that a N181 form is on its way to me vai snail mail.

 

They were kind enough to email me through the form though so that I could have a look at what is required for the next step.

 

I can do the form but have a question about the Draft Disclosure list.

 

..do I list everything that I want to see from them as per CCA/CPr31.14 requests already sent to them (still no compliance)

or is that done later in the process?

 

trying to help myself as much as possible and have been reading other threads and saw your advice to others about this stage..

 

 

I have had a look at the post on http://www.consumeractiongroup.co.uk...received/page4 as you suggested for the others,

 

 

my question is probably a little stupid but

 

 

in the example posted Point 3 is By ? on ? etc.

 

 

Who should I put me or Cabot and in which order please?

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No they are for dates to be inserted by....but the court will set them.The example provided is the DJ directions gathered from the parties submitted directions and only an example for you to consider when preparing your directions.


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OK..Thanks

 

When I have put something together would it be alright to post it up for someone to have a look at?

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Hi andyorch

 

1st attempt below - edited from one of yours I think:

 

Inthe Northampton County Court

Claim number xxxxxxxx

 

 

Between

Cabot Financial - Claimant

 

and

 

xxxxxxxxxx - Defendant

 

Draft Order for Directions

 

 

The Claimant must clarify the case set out in thedocuments sent to court so far. That party must deliver to the defendant andthe court office by 4pm on …….

Written details and copies of:

(1) The original credit or other agreementbetween the defendant and Lloyds TSB which complies with the Consumer CreditAct 1974 and all subsequent regulations, which the claimant seeks to rely upon.

(2) The default notice compliantwith s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Defaultand Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

(3) A full statement of account settingout how the debt is calculated.

(4) Document,contract or deed of assignment with proof of service of the same compliant withs196 of the Law of Property Act 1925.

(5) Copiesof any statement or other document relied upon.

(6) The original documentsmust be brought to the hearing.

If the Claimant fails to comply with this order, the claim will be struck outwithout further order with costs in the case.

 

The Defendant shall thereafter file and serve the following:

 

(7) An amended defence sufficiently particularised in response to the documentssupplied by the claimant.

Not sure whether (6) is worth adding? I am still waiting for Lloyds to send SAR documents. Also, something wierd going on with my Experian credit history too, amounts go from £15k down to £0 for 2 months last year then go up again to £12k ,£3k less, not sure whats going on there at all!

 

Another question, is it worth another letter to Cabot reiterating that surely they should be able to comply with my CCA request now that they have initiated court proceedings?

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Directions as in the sense of how the claim will proceed up to trail...not really disclosure ...the court directs disclosure.


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Have received Proposed Directions from Weightmans asking me to agree to Small Claims track ( for 12k!!!) & also to a 3 month stay !

 

Don,t think so from all I,ve been reading....why would I want to give another 3 months when they have already had since February!

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Wouldn't you rather it be SCT?

 

It just seems weird to me that they have chosen to instigate possible court proceedings for an amount which

,if you follow the rules, should be automatically assigned to Fast track,

which is evident in my receipt of the N181, because they have the documentation to back it up..and they want a further 3 months on top .

 

 

They are asking for a court date near to Xmas.

.if they have something why have they not produced it after telling me in writing that the debt is unenforceable

and then still going ahead?..

 

 

I am happy to fight this as I am in the unenviable position of having absolutely nothing to lose with a partner backing me to the hilt..

 

 

...I understand that SCT is a less risky option with regards to costs but if they have nothing enforceable will they really risk me getting a judge who is knowledgable on CCA ?

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OK...so I know I am relying on them to have some sort of common sense about what they can produce but would appreciate any advice on whether to accept/ or not the change of track and whether I should just stick to my guns and get them to full disclosure stage ( in receipt of an SAR acknowledgement request fulfilment from O C on the 8th May which should be really interesting!) for all sorts of reasons

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they ask for a 3 mth stay, guessing maybe cause they havent yet had any info back from the original creditor re yr cca request? have they responded to that at all further from their template letter; looking for it, no enforcement until?


IMO

:-):rant:

 

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Have received a Notice of Discontinuance:-) Is there anything else that I need to do other than check that the Court has received the same?

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No..... that concludes this little matter MrCooper.

 

Well done...... thread title amended to reflect the outcome.

 

Regards

 

Andy


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:)

IMO

:-):rant:

 

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hey 10/10 for holding your nerve

 

 

dx


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A quick question - I have sent a Debt in Dispute letter to Cabots and asked them the stop updating my CRF.... is this the correct thing to do or will they still keep adding default markers until it falls off of my history?

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No not correct...we didnt advise that mrcooper...the debt still exists as does the default marker...just because a claim is discontinued....does not eradicate the debt or the need to update CRA,s.

 

Andy


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so what is the defaulted date from the debt summary up top?

 

 

dx


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so 18mts and it vanishes from the credit file


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

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Yes.. there haven't been any markers on it for over 3 years until Cabot got bought it (which seemed strange as it kept getting passed around)

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doesn't matter what they do cant harm it anymore

 

 

as long as the defaulted date does not get changed from that twitch was placed by the OC before sale.

 

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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