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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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toptec

unknown Cabot CCJ for Catalogue debt - now Bailiffs threatening Warrant of Control

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had a letter from cabot it says they will send a bailiff . i have never had cabot so ignored letters. after searching google i see they collect debt . but can i stop this and how . i am bipolar so as you can imagine this has tipped me over the edge

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cant do anything of the sort

if you read the letter properly

it actually doesn't say WILL anywhere

 

 

what the debt they are trying to spoof you on please


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it does. it says if not paid before 6/10/16 the bailiff will call and may remove goods

 

i think it a old catalouge it dont say .

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Have you had a ccj issued in favour of cabot for a debt they now own?


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then its not a letter from cabot

its a letter from a bailiff company

 

so who has sent this letter?

the court bailiff system?

 

as martin says

they must have gotten a CCJ against you

 

should tell you a claim number on it does it?


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its cabot that got them to send this letter

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I am guessing here that as you have ignored all the cabot letters they have obtained an uncontested and rubberstamped ccj.

 

Go to http://www.noddle.co.uk, sign up to the service and check if there is a ccj against you.

 

If not, can you scan the letter and upload it to the thread please, obviously removing any identifying info first.


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its cabot that got them to send this letter

 

 

yes we know that

we understand how the system works

but we need information.

 

 

dx


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its asking for card details ? should i ? i dont like giving them

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How can we possibly give sound advice when you arent giving us proper details of what its about?


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yes ccj is there

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no don't do that card or any payment yet please

 

so you found the CCJ and you have its number?

 

will be a letters/numbers combination


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and thanks for your help so far

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Toptec i removed the post as you had posted identifying info with the ccj number.

We dont need the actual ccj reference, it was more your clarification that it WAS a ccj.

Did you notice the date the ccj was granted?


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16/8/16. thanks

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once we have the date of the CCJ we'll advise further


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already posted date

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oh yes we crossed.

 

 

ok great so we know the number

and we know it was a couple of months back.

 

can I have a guess at something...

 

you 've moved in recent years?


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Ok thanks toptec, i kind of guessed it would have been over 30 days since judgement but needed clarification.

 

So few more questions.

 

1. How much is the ccj for?

2. Did you owe the alleged debt?

3. Is the balance of the alleged debt made up in whole or in oart due to late payment charges etc

4. Did you have any ppi on the account?

 

Your only option now in challenging this is to apply to have the ccj set aside but you will need good grounds for this and there is a fee involved of £255 i think which you may not get back, even if successful in setting aside. Do you have a defence as to why you do not owe this?

 

Tell us as much about the account as you can.


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GEMHL Settled

Barclaycard Settled

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Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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This notice will normally give you at least seven days’ notice.

 

When the warrant of control is issued, the bailiffs have a right to try to take control of your goods. This applies even if you move the goods or give them to someone else at any time, even if this is within the seven clear days' notice period.

 

The bailiffs should not force their way into your home unless:

 

you have let them in on a previous visit

they took control of your goods and you have broken the agreement you made with the bailiffs; and

they have given you two clear days’ notice.

If you have not let the bailiffs in before, keep your doors locked. It is also a good idea to keep windows closed. A bailiff is allowed to come into your property through an unlocked door, even if you are not in at the time.

 

If you have a Vehicle

 

A bailiff can take control of goods outside your home, so if you have a vehicle, keep it in a locked garage. If you park the vehicle on your drive, the bailiffs could clamp or remove it.

You could park the vehicle away from your property, but if you park it on a public road and the bailiff finds it, they could force entry to your car and possibly clamp or remove it.

 

 

You can make a combined application to the courts to have the warrant of execution suspended and change the payment to an affordable amount, using an N245 form.

 

If you don’t apply for the notice to be suspended, bailiffs will be able to attend your home on the date stated and remove goods to sell on. You can prevent this by paying the amount in full.


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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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hi . no i have lived here for 9 years now

 

the debt is £758 and yes im sure it is from jd williams a cataloge . i am sure it had ppi but its been a while

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Ppi can be reclaimed if it was missold and you can also reclaim any late payment fees or overlimit fees etc but you will need statements to work this out correctly.

 

For now, you either need to apply to set aside the ccj or apply yo suspend the warrant as Andy advised.

 

If you are on certain benefits or a low income, the fee may be waived by the courts.

 

If you dont have the statements then a SAR to jdwilliams will get them.

 

I understand your bipolar disorder, i have a relative with the same but you need to act, you cant carry on ignoring this or baillifs will come to your door.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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thanks yes i am on a low income . i think the best option is to set aside as andy said .

thanks

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thanks yes i am on a low income . i think the best option is to set aside as andy said .

thanks

 

Suspend or set a side or both ...you need to decide if you wish to challenge the CCJ or make arrangement to pay it by instalments if your happy to accept the judgment.


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