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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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Carter / Fredrickson chasing old-Littlewoods cat debt


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Yes, this is all the same issue - I have the materials from the SAR but I lacked the mental space to deal with it any further as it was so incomprehensible, and now I've got a CCJ heading towards me. Utterly bewildered by all of this.

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Yes, this is all the same issue - I have the materials from the SAR but I lacked the mental space to deal with it any further as it was so incomprehensible, and now I've got a CCJ heading towards me. Utterly bewildered by all of this.

 

are there any details re the last payment and details re the default by the original creditor.

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are there any details re the last payment and details re the default by the original creditor.

 

Not that I can see - I need to have another look through it tomorrow but I remember not being able to find anything about the last payment,which is what I wanted to challenge Lowell originally.

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Have Lowells actually defaulted you, or have they simply updated the credit files and the Original creditor defaulted you at an earlier date ?

 

The fact is, that Lowells cannot default you as they are not the original creditor.

 

If you are absolutely certain that you have made no payments since 2006, then I would suggest the statute barred letter in the link below would be the best course of action for you to take.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**(1-Viewing)-nbsp

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Have Lowells actually defaulted you, or have they simply updated the credit files and the Original creditor defaulted you at an earlier date ?

 

The fact is, that Lowells cannot default you as they are not the original creditor.

 

If you are absolutely certain that you have made no payments since 2006, then I would suggest the statute barred letter in the link below would be the best course of action for you to take.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**(1-Viewing)-nbsp

 

 

Hmmm.. Lowell has applied the default as far as I can see (as in, on my credit file they're named as the creditor.

I had a look through the SAR info from the original creditor yesterday, and it seems to suggest I made payments by Direct Debit in 2010, but these payments all appeared to be for Zero, and then the balance went UP by £12 each month (a missed payment fee I assume). I'm now looking to get old bank statements to prove I had no active direct debit and made no payment, so I'll tackle Lowell.

 

But for now I just need to keep Brian Carter off my back. He'll have received the CCA this morning so I'll await my post with treidation next week!

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their logs shld show all things in/out, including default notice and when it was closed out.

yes, seems the 12£'s wld prob be re a missed payment 'fee' if no payments.

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Hello All, just to let you know I've received the following from Brian Carter this morning:

 

We confirm the letter you received was a Letter Before Action and no court proceedings have been issued as yet. In any event this matter would most likely be allocated to the Small Claims Track and Part 31 will not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the orginial creditor's policy to issue agreements at the start of the contract and statements thoroughout the duration of the agreement and in this regard we ask you to refer to your own records.

 

So.... what do I reply to that with? Sounds like I'll be receiving court papers sooner rather than later, doesn't it?

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usual nonsense from Farters, they do know until allocation then CPR 31 applies, the rest is just farcical letter wording they always press button !B! and churn out see what arrives next in the pantomime season at Farters.

 

do nothing as all letter ping pong to the idiots is a waste of time as they cannot read/digest, do not forget those people who delve in this dirty so called solicitors for hire business are not fit for any other proper job other than align with more crooks! and if the CCA1974 is outstanding then that is it for now.

 

 

as this country has gone to the dogs due to the Money Sickness Syndrome what can one expect from top to bottom!

:mad2::-x:jaw::sad:
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Hello All, just to let you know I've received the following from Brian Carter this morning:

 

We confirm the letter you received was a Letter Before Action and no court proceedings have been issued as yet. In any event this matter would most likely be allocated to the Small Claims Track and Part 31 will not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the orginial creditor's policy to issue agreements at the start of the contract and statements thoroughout the duration of the agreement and in this regard we ask you to refer to your own records.

 

So.... what do I reply to that with? Sounds like I'll be receiving court papers sooner rather than later, doesn't it?

 

That is a standard letter in response to a CPR 31.14 letter, which you only send if a court claim form is received. It puts the claimant on notice that you expect to be provided with any documents mentioned in their claim.

 

From what i can see, you were just advised to send the CCA REQUEST, which is presumably what you did ?

We could do with some help from you.

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Yes.

 

So just wait and see what happens. The outstanding CCA request should put the off issuing the claim, but if they do, then you defend it. Report back when you hear any more.

We could do with some help from you.

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