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    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
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madh21

Paratus - 2nd Eviction notice pending **WON TWICE **

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Hello there.

 

What is your question about legal costs please?

 

HB


Illegitimi non carborundum

 

 

 

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Hi there, I have amended your statement to include the request not to allow Paratus costs.

 

You need to assemble the pack for court as follows:

 

N244 - signed

Statement - signed

Copies of emails - your offer of payment and their rejection and request for lump sum

Budget sheet

Wage slip

 

Make sure you take a copy of it all before stapling all the above securely and taking to the court. Remember to take the court fee of £50 in cash. When you hand it in to court ask if there are any duty legal representatives at court on the day of your hearing. You can ask for their assistance and they will accompany you into the hearing and support your case.


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Took all the stuff to the court this morning. Got a hearing for Monday at 10.00am.

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Good. Did you ask if there were any duty legals there on Monday?


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No. I completely forgot until I was half way home. Its a 25 mile round trip so I didnt go back.

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No. I completely forgot until I was half way home. Its a 25 mile round trip so I didnt go back.

 

Can you give them a ring this afternoon? I think they'll close 3 or 4pm though


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Will do. Just received a letter from Paratus dated yesterday confirming what the email said regards rejection and lump sum. Then next paragraph says ' we are committed to helping wherever possible, please contact to discuss alternative option'. Ive emailed to ask what these option might be.

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They think they are covering themselves by stating they are committed to assisting you (by rejecting your reasonable offer?) I don't think so ! - and hopefully neither will the judge.


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Ive had a reply to my email re alternative options. It just said the alternative was stated in the letter, its now in the hands if the judge and we will be opposing your offer. What a load of rubbish. I will be taking the letter and email with me on Monday for the judge.

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Ive now just received at text from Paratus saying that tomorrow is the last day I can make the payment of £1250!! Yet previously they had told me as long as I make it before the eviction date it would be ok. A bank transfer is in their account in 2 hrs. Is this more scare tactics?

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Today is the day...feels so sick and trembling!

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Hello there. Are you sure it's today, because your thread title says the 3rd?

 

You've done really well so far and if you do what Ell-enn tellls you, there's a good chance you can sort this.

 

:grouphug: HB


Illegitimi non carborundum

 

 

 

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Hi, get to the court as early as you can and see if there are any duty legals there - if so approach them and ask for their support.

 

I'm sure you will be ok - stay strong.


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Im here waiting. Duty legal approached me and coming in with me. Just want it over with now

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Glad you've got the support - it'll be ok :)


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Hi. SUCCESS!!! The duty legal was fantastic. She put forward my case...I never had to say anything other than Thankyou! She had spoken to the rep from Paratus beforehand. She said I had a good case but obviously no guarantees. Judge was fair and pleasant. When we left the duty legal and I spoke with the solicitor representing Paratus who was lovely. She said she thought my offer towards the arrears was too high and if at any time it isnt manageable to apply to the judge to have it reduced. She said I had to do and say what Paratus has told her but knew he would suspend. Thankyou to everyone who has helped and for your kind words.

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Brilliant, well done - knew you'd be OK :)

 

Was anything said about the legal costs ?


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Nothing at all but I didnt dare question it.

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get results

even hit these fleecers with a reclaim of any unlawful penalty fees they've ever charged

 

 

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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hello again.

 

I've just caught up with your thread. That sounds really good, I'm so pleased for you. :) Ell-enn has done it again.

 

HB


Illegitimi non carborundum

 

 

 

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did you ever get reclaiming all the arrears fees?


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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