Cabot 60 day extension to order for documents***Claim Discontinued***

[AndyOrch]

Honestly I literally have no paperwork on how much the debt was but from memory rounded it was £650 and £800 with court fees and solicitor fees

 

Not much profit left then...I was expecting in the £1000s in view of the desperation Cabot is going through.

[unicorn77]

It depends how much they originally paid haha, but this lost case must have cost them around £200, Not forgetting the fees for the original case which must be around £150?

 

I think they either must have been desperate to get the case because either the solicitor went ahead with it after being annoyed by the Peter Griffin meme I sent them, or they thought it was an easy case after they heard no argument from me until i filed a defence

[AndyOrch]

And the failed application of today (£100 or £255 telephone hearing).....Plus counsel.... .as they probably bought it for 10p in the £... I will let you work it out:wink:

[unicorn77]

Oh of course haha, it's not the usual £40 hearing

 

Would there be anyway to claim back my loss of earnings? It was a nice trip to sunny Rhyl mind, but still never got paid for my day off

[AndyOrch]

There are no £40 hearings now.....£100 or £255...beginning to rack up for them.You stated he had already allowed you £50...if you had your employers letter you would have got £90....or was that just for your travelling costs and misc exp?

[unicorn77]

That was just traveling costs and compensation for dealing with the case.He made no allowances for loss of wages

[unicorn77]

oh oh

disc'd.pdf

[Ell-enn]

Ha ha they're running away again - Excellent news

[AndyOrch]

Well done unicorn77 so as expected.I have unapproved your letter as your name is still showing...no need to amend or upload again..

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[unicorn77]

Woops, Guess I got a little too excited when I got the letter.

 

Yes I wasn't expecting this so soon but sent them a nice email asking them to tell their client to remove the unlawful account from my credit file

 

thanks for the help everyone, I had fun

[AndyOrch]

You're very welcome unicorn...help others to have fun by making a donation so we can continue to assist others:-)

[unicorn77]

I can't make a donation via paypal.

 

 

I tried anyway but it dates back to years ago when Paypal wanted me to send them mounds of information to take the limits off my account and I refused. Since then every time I get a new card and try and use it they link it to that account and i just get this error

[AndyOrch]

You dont have to use Paypal......

 

https://www.paypal.com/uk/cgi-bin/webscr?cmd=_flow&SESSION=UL-tPpmn73MkI_YTYd2XM1oijzIEB42mzCehkM99-db3vFOgTFt61Ecjj7W&dispatch=5885d80a13c0db1f8e263663d3faee8d64813b57e559a2578463e58274899069

[unicorn77]

That link takes me to an error page saying "Sorry, an error occurred after you clicked the last link" But if it's the page where you don't have to have a paypal account but still uses the paypal payment that's how i tried to donate. If someone sends alternative details I don't mind sending a fiver

[AndyOrch]

Works fine for me.....but I will get back to you with regards manual donations.

 

Regards

 

Andy

[unicorn77]

Morning all

 

So recently I had dealings with a debt collection agency,who's solicitor attempted to make a court order for a time extension to provide documents, this was denied and I was awarded £50 for fuel costs and misc expenses, the claimant then withdrew their claim.

 

The judge refused to award any loss of earnings as I did not have a letter from my employer. Since the hearing I have received a letter from my employer stating that I would have lost the sum of £101.25 after taxes for the day I had to take off.

 

I have contacted the claimants solicitor who have confirmed they are still acting on behalf of the claimant requesting they pay my loss of earnings before seeking legal action, they have declined, claiming they are not liable for my loss of earnings.

 

Obviously I am wanting to recover my loss of earnings and looking for guidance in the situation

[BazzaS]

 

The judge refused to award any loss of earnings as I did not have a letter from my employer. Since the hearing I have received a letter from my employer stating that I would have lost the sum of £101.25 after taxes for the day I had to take off.

........

 

Obviously I am wanting to recover my loss of earnings and looking for guidance in the situation

 

The judge gave you your answer : you should have got the letter before the hearing and taken it (or a letter from the employer estimating the loss) to the hearing.

 

I'd expect the other side's solicitor to deny liability, pointing you to the judge's decision.

[unicorn77]

Thank you for the lesson in foresight

 

So there's no way I can submit any kind of claim?

[BazzaS]

Thank you for the lesson in foresight

 

It wasn't meant as a lesson in foresight, just explaining the consequences of the judge's decision. It was ruled on by the judge already, so it has been decided.......

 

So there's no way I can submit any kind of claim?

 

You can claim, they can point to the judge's ruling and deny liability for it......

 

From your sarcasm and you asking the same question again, I guess that isn't the answer you want.

Did you say the same ("lesson in foresight") to the judge? I suspect not.

Did you ask for advice here on CAG (about what proofs you would need to be fully prepared to apply for expenses / losses/ costs) for going in to the hearing?

 

You could always keep asking the same question, hoping for a different answer .........

[unicorn77]

The sarcasm wasn't due to the answer I received, the sarcasm was due to the attitude in which you replied. Do you always address people in a derogatorily manner with an attitude of you're better than everyone else?

 

And yes expenses was spoken about on CAG, there was no mention of getting proof

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467108-Cabot-60-day-extension-to-order-for-documents***Claim-Discontinued***&p=4929249#post4929249

 

Like I said, I'm after guidance. I'm not after someone speaking to me like a (Edit) child saying I should have done it on the day then completely failing to provide any kind of constructive input. But thanks for your effort

Edited August 14, 2016 by maroondevo52
Removed unsuitable word

[BazzaS]

The sarcasm wasn't due to the answer I received, the sarcasm was due to the attitude in which you replied. Do you always address people in a derogatorily manner with an attitude of you're better than everyone else?

 

And yes expenses was spoken about on CAG, there was no mention of getting proof

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467108-Cabot-60-day-extension-to-order-for-documents***Claim-Discontinued***&p=4929249#post4929249

 

Like I said, I'm after guidance. I'm not after someone speaking to me like a (Edit) child saying I should have done it on the day then completely failing to provide any kind of constructive input. But thanks for your effort

 

Does "constructive input" mean : "giving you the answer you want"?.

I don't think you'll get the answer you want, and I've explained why.

Feel free to keep asking the same question or stressing how you want "constructive input" or criticising any post that doesn't give you the answer you want, in the hope you'll get the answer you want - but it still won't change the fact that that isn't the ruling the judge reached.

 

If pointing out that you've had your answer already, and it was contained in your post is "treating you like a child........", I think that is more your problem for not understanding the judge's ruling, and not being able to accept it when pointed out in reply to your question.

Alternatively, you could have added "only answer if it is what I want to hear" to your posting, if replies other than validation upset you.

 

Would you prefer people say "of course you can claim" even though it is wrong?.

Or would you prefer people just not to answer if they feel that they can't give you the answer you want, for if they did point that out it means they'll get a reply that needs moderating by the site team?. Of course, then you'd be complaining that no one was answering your query ...........

[unicorn77]

I've not once mentioned anything about not getting the answer I wanted and you seem to be pinning all of your posts on this one assumption. You pointing out that it is my problem for not understanding the judges ruling, is like me pointing out i've already clearly stated it is your derogatory manner in which you posted that led me to reply in this way and you must have a problem because you can't understand. Is that constructive? of course not, it's borderline insulting. Constructive input would be:

 

I don't think you would be able to claim for any losses since the judge has already ruled. If you really wanted to you could make a claim but I think the other party would just reference the initial judges decision and it would be denied. (If that is what your opinion is)

 

Now to get to the above information it's taken 3 posts, when you could have just said this or similar in your initial post without acting derogatory then following it up with assumptions in an equally derogatory way.

 

Of course you are right, I did not make any such comments to the judge, for the simple fact the judge didn't speak to me like I was an imbecile.

[BazzaS]

I don't think you would be able to claim for the loss (relating to the pay for the day taken off work) since the judge has already ruled on it.

If you really wanted to you could make a claim (for the loss of the day's pay) but I think the other party would just refer to the judge's decision and thus deny liability.

 

Amended to be more precise : hopefully now to your liking, and what is even better is you appear to understand the rationale behind it now, too.

[Ganymede]

It's too late to claim for this as it has already been ruled on. Should have been evidenced on the day.

 

Sorry.

[unicorn77]

Yes BazzaS, your comment is more to my liking, and even better you appear capable of not being completely derogatory and seem to have narrowed it down to just belittling.

 

Thank you Ganymede, I figured since my employer gave me a letter I may as well ask about it before following it up since i've never had to appear in court for a small claim before so wasn't sure if the Judges decision based on lack of proof would carry over to another claim where there was proof etc.