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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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Lubylu.

PRA Claim Form - old Virgin Money MBNA card 'debt'

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Thank you BankFodder for your email; my reply as follows:

 

It’s true I’ve read many threads on this site, and learned so much from the responses by Andyorch, dx100uk, the site team, and the many others who contributed…

 

I wouldn’t normally highlight I’ve made a donation… but having just read a thread made by ‘connect4’

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?417803-Lowell-BW-claim-form-old-Lloyds-Tsb-current-account***Claim-Dismissed***

 

– it had me sitting on the edge of my sofa, tearing my hair out just reading it… that thread alone deserves some recognition.... patience in the extreme… and deservedly gets my donation regardless of the outcome of my own situation.

 

furthermore, it has to be said, without this fantastic website I would definitely be a whole lot worse off without the outstanding support I’ve been offered/given so far…. and quite possibly in the near future.

 

We all need to support this service to keep it going…. making a donation, no matter how small, will help to ensure the people it serves, you and I, are given the help we need.

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Well, a big thanks.


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This past week hasn’t been easy to get through…

 

Filed my defence via MCOL on 24th January 2017, and accepted on the same day.

 

28 days = Tuesday 21st Feb

 

I called the court on Thursday 23rd to find out the status of the claim - they said I had to wait 28 days + 5 for service, so that would take us up to 26th Feb - a Sunday, which meant PRA had until 4pm today (27th Feb) to take this forward.

 

Anyway, I called the court at 4.45 today to find out if this case was proceeding? – only to be told the claim will be automatically stayed overnight if they had not heard from them.

 

So, I’m a bit frustrated at this if I’m honest… I would have preferred to have taken my chances at court; lottery Judge, with the *Notice of Default as my argument (see below)

 

If this ‘ automatic stay’ happens, I’m now in the position PRA can reignite the claim at their whim, and there’s no time limit !

… and I’m not much liking that scenario

 

it’s true PRA would have to pay an extra £100 to seek an application to lift the ‘stay’ and argue the merit to the court Judge (high % it goes through), and then they have to pay the hearing fee… are PRA hoping for a change in the law in the meantime?

 

So I’ve made the decision to stop paying them the nominal payment, hoping that might result in them lifting the stay and us going to court to resolve this for once and for all, because win or lose at the end of the day, I’d have closure.

 

And, if anyone has an idea of how I could prod PRA in commencing with their claim other than my withholding the monthly payments… bring it on; legal argument to strike out?.. and believe me I’d do it, let’s test the waters !

 

 

*Notice of Default – possibly invalid

 

Not wishing to sound too desperate, I found from the comms log in the SAR, an entry:

09.10.2009 -time: 18.43.23 - NOD sent 09/10/09 EXPIRES 26/10/09. I believe the notice is one day short

 

So the entry was made on a Friday, at a time the NOD letter would not have made the post until the following Monday at the earliest - the 12 Oct 2009 - and I have the A4 envelope it came in, with exactly that date on it.

 

The envelope I’ve had all these years housing the letters from MBNA, has a franked postage stamp on it as follows: “0113448 “ – “London 12.10.09 RC4” - “PB524779” – postage paid 0072 (2nd class?) and a barcode on the envelope, and may highlight extra days that invalidate it.

 

And MBNA sold the debt on 17 Oct 2009 before the rectify date of 26 Oct 2009

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sorry thought you'd stopped months ago

yes stop paying

they are and have ..been taking you to the cash cow milking parlour..


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Dx, my main priory at the time back in 2009 and throughout the years was to try to show my commitment to pay off my debt… however, my salary throughout those years was never enough to raise the bar

 

Too scared to stop the nominal amount at the time, and on reflection if I had could be SB by now… but never mind that, because that was then… and this is now…x

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stuff happens...


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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