Cabot/weightmans claimform - old CAp1 debt - prob SB'd

[dx100uk]

I stupidly forgot yours is an sb thread.

 

 

it wont harm you to 31:14

[markvauny]

]I hadnt got chance to do the 31:14 yet

 

i have received a response from the solicitors.

 

They claim ive made a payment but like i said before im very sure i havent! doesnt make sense..

 

.. Do i Sar to find out this "payment" they advise, or if i ask for copys of said payment would they provide along with the reset they are requesting and sending to me.

[dx100uk]

they need to provide the evidence of

 

 

who

when

method

bank

 

 

write requesting these

 

 

though they still have to also comply with the CCA request anyway

 

 

dx

[markvauny]

they need to provide the evidence of

 

 

who

when

method

bank

 

 

write requesting these

 

 

though they still have to also comply with the CCA request anyway

 

 

dx

 

Should they supply that with the CCA info? Alternatively is it an additional thing I have to ask for or can ask for in a 31:14?

[dx100uk]

you might get a statement of account with the CCA but no guarantee they will show 04/12 payments

 

 

not noted in POC so nothing to do with CPR.

 

 

you'll have to write a letter

or simply ignore what they are saying and wait and see if they pay and file to progress

then they'd have to produce the proof I think.

 

 

dx

[markvauny]

Thinking about it, if there was a payment as they claim - which i dont ever recall or know of paying.

 

 

would that then resume the 6 years on the Credit file as well?

 

 

cuz as stated theres actually nowt on my credit file.

 

 

Think a email to them tomorrow is called for

[dx100uk]

nope

once a debt is defaulted

it will be removed on the defaults 6th birthday

regardless to any payment or not

 

 

dx

[markvauny]

Edited to remove my intended arguments

Edited June 19, 2015 by markvauny

[AndyOrch]

And by sending that ...you have informed them of your intended arguments and basis of defence....so they will have time to decide and prepare/create the necessary proof to proceed.

 

A defendant states no more once a defence has been submitted...its the claimants choice if they wish to proceed on that defence....never reveal your hand in litigation until the appropriate time.

 

Wait for the DQ.

 

 

Andy

[markvauny]

oh ok Andy,

 

So how longs litigation take and is it all back and forth online / letters first? whats a DQ by the way? should i at least ask for a statement of account?

[AndyOrch]

It can be as simple and swift as you make it........or as complicated as it will get if you submit the above.

 

Submit your defence....wait a response....no need to do anything or communicate...wait for the claim to be allocated (DQ)....

[AndyOrch]

And if you dont know what a DQ (Directions Questionnaire) is by now...then you need to read some threads.

[markvauny]

No good at abbreviations sorry.

 

Im guessing its the questionaire? . the forum highlights some things but not all so was stumped! lol

[Guest]

post #37 'directions questionnaire'

 

if they want to continue, they'll have to inform the court so, and pay the fee re dq.

[AndyOrch]

It is ......which allocates the claim to Court Track...this is when the claim becomes live and signifies that the claimant is proceeding...so up up until the DQs are served (if served) its all pure speculation...claimant sounding out the defendant....and whether its wise to proceed.

 

So responding to any of the claimants missives pre allocation only arms them with information that they are not aware of at this stage...and gives them ammunition to prepare.

 

Plenty of opportunity to converse when they decide if they wish to proceed.......so do not respond.

 

You may find the following useful on how the process of a claim works.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

Regards

 

Andy

[markvauny]

Hey all,

 

Still not received CCA or any update to the claim it's still stuck on defence received and acknowledged 11th June. Is there a time limit on if they want to peruse the claim to issue me the Dq?

[AndyOrch]

There is no time limit to inform the court and issue DQ,s but if the claimant has made no response within 33 days the claim is stayed...

 

Regards

 

Andy

[markvauny]

Hi guys,

 

had a letter a few days ago saying there client does not accept such.

 

 

Well the DQ has arrived today.

 

 

What's the next step guys

 

 

do I then ask the questions in regards to the payment they claim was made?

 

 

Really stuck and don't no what to do.

 

 

I know people have said some dca make up ghost payments but surely they wouldn't DQ on a ghost one.

 

 

I still stand by I havemt made a payment to them

[AndyOrch]

Just complete the DQ and file and serve......and relax do nothing.

 

Andy

[markvauny]

Sorry for the delay in responding, I've only just received information back.

 

Initially the court said i had failed to submit the DQ in time, i got in touch and its sorted now, i had got it back in in time. Money claim site says its now transferred to Dudley - which I'm assuming is my local county court.

 

I've also received the following letter which is saying they are unable to get my credit agreement and cannot do anything in the courts while they haven't got it.

 

what's next guys because they have not fulfilled my request in time and it seems to be stuck in almost a stalemate at the moment.

 

 

 

Cheers

[AndyOrch]

Its not stuck in stalemate...its stayed as expected....so ignore and relax until they decide to proceed.....they have submitted their DQ so the hearing fee is their next payment...no payment... no hearing...claim struck out.

 

Andy