Jump to content


  • Tweets

  • Posts

    • I have just checked and unusually, Brent Council have a website that advises on whther their streets are adopted or not. Atlip Road is a private street on their site. Brent Council - Road adoption checker form WWW.BRENT.GOV.UK Form to check whether a road has been adopted  
    • Why international criminal networks are behind a jump in the theft of catalytic converters. View the full article
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • The president says he will only sign it if Democrats can pass a separate, far bigger budget bill. View the full article
    • Bolmsgr    if it was me I would put it first as if the contract is invalid and if the Judge agrees, then you win the case.    Indeed, it may be that VCS would not even turn up in at the Hearing or withdraw which would be the ideal situation. However this is your case and FTMDave has worked hard with you to help on your WS.   Whatever you decide to put it I have modified what I said in my previous post so that you can copy it.   Definition of "Relevant contract”  from PoFA 2  [1] means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—   (a)the owner or occupier of the land; or  (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.   According to https://www.legislation.gov.uk/ukpga/2006/46/section/44    a contract to be valid requires a director from each company to sign and then two independent witnesses must confirm those signatures. The fact that no witness signatures are present means the deed has not been validly executed. Therefore there can be no contract established between VCS and the motorist. And even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of.   Surely VCS a company that signs innumerable contracts must be aware that no contract exists at the East Midlands Airport. Two points arise from that.   The first is that by issuing many PCNs at EMA with knowingly not having a valid contract is bordering on fraudulent.   Second, VCS in order  to gain access to DVLA data VCS have averred that they have complied in their CoP that they have complied with all the legal necessities, which appears patently untrue.   As Lord Neuberger said in the famous Parking Eye v Beavis  at the Supreme Court [2015] UKSC 67-"And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA.   In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Noble Lord is correct and should call into question the right of VCS to obtain information from the DVLA.   You may have noticed that in the second paragraph of this post the words "relevant land" cropped up which would be a good follow on for bringing up the Bye Laws and streets covered by the Road Traffic Act in case the Judge did not accept the contract argument.  
  • Recommended Topics

  • Our picks

Cabot/Weightmans claimform - Old CITI card 'debt'***Claim Discontinued***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2123 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks dx.

 

What if i file SB defence and court rejects it (say claimant produces prove i made payment in last 6yrs or i actually did but can't find record). Searched everywhere in my house over & over again for any prove of payment in last 6 yrs but can't find any.......am going mad now! Help!

Link to post
Share on other sites
  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

then you will get those docs in good time and be able to put them to strict proof.

 

 

imho file the sb defence

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... 

Link to post
Share on other sites

well I see you've read a couple of legal threads only

so your task now is to read a few to do with your claimant/sols/debt type and defence

and get upto speed

 

 

but the next move is theirs.

 

 

they might wave their arms around by sending a letter disputing the Sb'd defence

but if they want to actually proceed and pay to do so

and the inherent risks

 

 

, that's their gamble.

 

 

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... 

Link to post
Share on other sites

Just received Cabot's reply:

 

"we currently do not have the information (CCA) on file, however we have requested the relevant details, which will include a copy of the credit agreement, statement of account and the original and varied terms and conditions from the original lender.

 

What happens next?

 

We anticipate that we will be able to provide this within 40 days. In the likely event we are unable to obtain this information within those limit, we will write again."

 

What do i do at this stage? Do i remind them it is obligatory to supply the requested documents within the (Act's) specified time.

 

NB:- SB defence filed yesterday.

Link to post
Share on other sites

no need to remind them,they know what they have to supply, as you have entered your defence, the ball is now in their court

 

await their response

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

std response if you go read a few threads,

 

 

next move is theirs .

 

 

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... 

Link to post
Share on other sites

Received court acknowledgement letter for my defence today. It says claimant has 28 days to contact the court if they want to proceed after being served with my defence. If they fail to do so, the claim will be stayed. (Standard letter I suppose). Also says claimant may try to resolve any dispute with me directly.

 

What do they mean by "stayed" ??

Link to post
Share on other sites

exactly what they say

 

 

its going nowhere till the claimant provide an enforceable agreement

 

 

go read a few other threads

 

 

you'll get the 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... 

Link to post
Share on other sites
  • 4 weeks later...

I received a letter from Weightmans LLP (cabot's solicitor) today.

 

Summary of content:-

 

"We received your defence and can confirm that our client does not accept such. Accordingly, we have written to the court to request that the matter proceed as defended.

 

However, our client is hopeful that this matter may be resolved amicably and we invite you to contact our Benjamin Davis to discuss"

 

 

The letter was dated 8 July 2015.

 

 

Where do i go from here?

Link to post
Share on other sites

post 34 refers still

 

 

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... 

Link to post
Share on other sites

Received notice of proposed allocation to the small claim track today. Accompanied with a Directions questionnaire (small claim track) form. Must complete and return form 27 July.

 

I guess this is standard as i've read similar cases here.

 

Series of questions on the direction questionnaire :-

Do you agree to this small case being referred to the small claim mediation service?

Is the small claim track appropriate for this case?

hearing venue?

Expert evidence?

Witness?

 

How do i answer these questions?

Link to post
Share on other sites
Received notice of proposed allocation to the small claim track today. Accompanied with a Directions questionnaire (small claim track) form. Must complete and return form 27 July.

 

I guess this is standard as i've read similar cases here.

 

Series of questions on the direction questionnaire :-

Do you agree to this small case being referred to the small claim mediation service? Yes

Is the small claim track appropriate for this case? Yes

hearing venue? Your Local County Court

Expert evidence? Not applicable

Witness? You...1

 

How do i answer these questions?

 

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 Topic please PM me a link to your thread

Link to post
Share on other sites
  • 2 weeks later...

Anything of concern...?

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 Topic please PM me a link to your thread

Link to post
Share on other sites

I received an email from small claim mediation service saying my phone appointment is scheduled for 19th August btw 1200 - 1700. I am not sure on some of the points stated in their statemet:-

 

Mediation Requirements

Please read the following statements:

Yes or No

I can confirm that I am willing to compromise on this matter

- (are they implying whether i am willing to accept a reduced amount from claimant if suggested; even though

(1) they haven't establish any form of relationship in terms of the CCA and CPR.31 i requested.

(2) No evidence of last correspondence/payment/acknowledgement to discredit

 

I can confirm that there has been no police involvement in this matter at any time

 

I can confirm that I have enough information about the claim to allow me to enter into negotiations

and that I do not require any further evidence from the other party before the appointment

(Again, no paperwork to show i have owe this debt despite my cca and cpr request

 

I can confirm that I can mediate on the date stated above.

 

Do i still answer 'yes' to these question and point it out during the mediation?

 

Or

 

Answer 'no' so the case goes straight to court to be decided by a judge, where i can put my case forward (what chance do i have?)

 

I need advice please, thank you

 

The whole argument is that Cabot does not have the right to enforce this debt through legal system because its SB'ed which is my initial defence.

Link to post
Share on other sites

if the debt is SB'd & you filed the SB defence...

 

 

you refuse mediation noting that there is no point

the debt is defended as statute barred I have nothing to mediate over

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... 

Link to post
Share on other sites
  • 2 weeks later...

Hi,

I received Notice of Transfer of Proceedings 2 days ago from the court stating that the claim has been transferred to a County Court Hearing Centre where a judge would have to give a case management directions.

 

Unexpectedly, i received a letter from Weightmans LLP (Cabots solicitors) today, with enclosed Notice of discontinuance which they said have been filed in court today. They are discontinuing all the claim.

 

I am now thinking of calling the court to verify if indeed they've discontinued the claim (just to be save).

 

I am so grateful to you all.

Link to post
Share on other sites
Hi,

I received Notice of Transfer of Proceedings 2 days ago from the court stating that the claim has been transferred to a County Court Hearing Centre where a judge would have to give a case management directions.

 

Unexpectedly, i received a letter from Weightmans LLP (Cabots solicitors) today, with enclosed Notice of discontinuance which they said have been filed in court today. They are discontinuing all the claim.

 

I am now thinking of calling the court to verify if indeed they've discontinued the claim (just to be save).

 

I am so grateful to you all.

 

 

hey well done!!

 

 

prob wont know till Monday mind atleast

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... 

Link to post
Share on other sites

Well done MB.....

 

Have you actually received the NoD (N292) ?

 

I will amend your thread title anyway to show the outcome of the claim...let me know otherwise if not.

 

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

 

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

Link to post
Share on other sites

Hi

Sorry for the late reply.

 

Got in touch with the court this morning, and was told their system hasn't been updated yet to reflect recent posts/filings. Was told to call back mid week, and that the court would write me of any confirmation/directions by the judge.

 

Yes, I did receive NoD (N279) not N292, from Weightmans with all the details crossed out (don't know why they crossed out names and amounts). It was signed and dated though.

 

Will call court back tomorrow.

 

Thanks

Link to post
Share on other sites

Apologies yes n279.

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 Topic please PM me a link to your thread

Link to post
Share on other sites

Hi,

 

Got a (phone) confirmation from the court today that they recieved the NoD from WeightmansLLP, and that no further action will be taken....case closed!

 

 

I just want to take a moment to say a big "Thank you" to everyone for all the advices and support. I am really grateful. :happy::happy:

 

I am going to make more donation.

 

God bless you all!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...