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Cabot/Mortimer claimform - Capital One Debt **DISCONTINUED**


albob222001
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I received a county court claim against me on 07/01/2016,

the debt is Capital one,

the DCA is Cabot and their solicitors were Mortimer Clarke.

 

I responded to the claim on money claim online, sent a CCA request and wrote my defense within the time limit.

 

Today I have received a notice of discontinuance from Mortimer Clarke solicitors.

The letter states that they have been instructed by their client to discontinue proceedings and close their file.

 

Is that the end of it now or can this still be reopened in the future or the debt sold to another DCA?

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They have discontinued the claim so its the end of that particular claim and cabot will now pass it back to cap 1.

 

cap 1 may well sell it to another dca and start the process again but as cabot have discontinued i cant see anyone else getting it through court, so if you hear from another dca, CCA them

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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As it was with Cabot, wouldnt surprise me if they closed the account permanently and write it off as "Bad Debt"! (Hilarious Pun! I know)

 

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nothing to do with cap1 anymore

cabot will sell it on.

 

there are numerous cap1 card claims here

mostly by cabot.hoping for uncontested default rubberstamped judgements

 

would be nice to see the defence you used please

 

will help others

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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My defense was not very professional at all.

I disputed the dates they had provided for the debt and advised that I had never received bills etc.

I panicked when I received it and just responded

- I have lots of debts but I've never had a court notice before.

 

I know that isn't really any kind of defence now I have researched more;

afterwards I discovered this site and read a lot more and sent a CCA request to Cabot.

I heard nothing after the CCA request and then received the notice of discontinuation today.

 

The debt was £343.40 plus £35 court fees plus £50 solicitors fees - totaling £428.40.

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Cabot rarely ever have the correct paperwork to enforce a debt. It NEEDS to be mandatory that on a DCA filing a claim, they MUST show the correct paperwork. Not just issue, and hope everyones none the wiser.

 

remember, DCA's dont even consider getting any paperwork until the debtor requests they do so, and theres not many people in debt out there that even know what a CCA request is or what it even does.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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time to attack the rest of your debts then!

 

 

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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I am not proud of my current financial situation

 

 

I am raising complaints now, mainly regarding payday lenders.

I am in a bit of an awkward situation because I am a full time student,

but I put details of my previous full time job on many of the application forms.

 

 

Citizens advice suggested the fact that this information was not checked is an indication of irresponsible lending

but I don't know how the creditors will respond.

 

Safety Net Credit, gave a refund of money I had paid them wrote off the debt

and are removing the record from my credit report.

 

MyJar and Sunny rejected my complaints, giving their final response's,

so I have escalated them to the ombudsman.

 

I am awaiting final response from Shout, WageDayAdvance, Payday UK, Mr Lender, QuickQuid and Satsuma loans.

 

I am up to date on a Vanquis credit card but I am attempting to recover multiple £12 fees.

They rejected my complaint so I've raised that to the ombudsman.

 

 

I imagine I will have to go to small claims court to recover those though.

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:whoo:

 

great work!!

 

10/10

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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