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    • In their draft application to the court they state that their Letter of Claim listed the proper three invoices.  Is this true, or are they lying?   As for replying to them, hang fire for the moment, see what people who have dealt with this sort of thing before have to say, there may be a way to oppose their application or at least make them pay a hefty sum to the court for granting it.
    • but the other debts are part of this big picture and its eventual solution a rough idea will help.   if if if they ever get another powerless repo/dca involved, they will tell you well in advance.   help us please
    • to do what they are powerless...   you like 10'00'000 of other s jump because a dca says this or that a DCA is not a bailiff and has zero legal powers on any debt no matter what its type.   another one of your issues is following stupid freeman of the land twaddle. very dangerous.don't   moorcroft dont by debts they only act for clients.   as long as you don't run from debt and insure the debt owners or 'the client' has from you a letter which states your correct and current address or you did so to the Original creditor before any sale or your haven't moved since taking 'the credit' out you are safe from backdoor CCJ's to an old address.   sit on your hands and see if the owner of the debt want to issue a letter of claim. if they do  you return here   A CCJ - which is the only tool they have - because just like us joe public, its the only thing we can legally do if we claim someone owes us money - they have no more powers that you or me
    • That is why I (specifically) said "the lender".
    • eeeh i see ... I just really need a little help, that's why I am here. Being funny does not mean that I am a troll or something and English is not my native language. I just don`t know what to do next, that`s all
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Cabot/Weigtmans Claim Form- Lloyd's loan 'debt'***Claim Discontinued***


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1000's of speculative claims issued every week

 

 

hoping for a non contested default judgement

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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" 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.

We could do with some help from you.

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Sure ...no problem

We could do with some help from you.

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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hey 10/10 for holding your nerve

 

 

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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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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

 

 

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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Share on other sites

so 18mts and it vanishes from the credit file

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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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 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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