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Cabot/Mortimer claimform - Sainsburys credit card debt


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Better get your skates on then...you must acknowledged service by Friday 9th June and your defence by 23rd June:-)

 

Andy

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They should have gone the day you received the claim

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Start looking at other posters defences.

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1.By an agreement between Sainsbury's Bank & the defendant on or around 05/02/2007

 

2.without prejudice to paragraph 1 and any further pleadings, it is accepted that any potential agreement would be governed by the consumer crediticon Act 1974. It is denied that the Defendant signed any agreement with the Claimant.

 

The Claimant does not plead you did enter an agreement with them ?

 

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  • 3 weeks later...

CPR 31.15 relates to the right to inspect a document not 31.14

 

Documents referred to in statements of case etc.

 

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;

(b) a witness statement;

© a witness summary; or

(d) an affidavit(GL).

(e) Revoked.

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

 

As stated ...nonsense but they will still have to disclose later into the process.

 

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Defence checked and edited.

 

Regards

 

Andy

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  • 4 months later...
I have received no further communication regarding this.

 

Does that mean they've given up? If so, please move to successes :-)

 

Thank you all

 

Only threads that are discontinued or struck out or tried and won are moved to the Success forum...we have 1000s of stayed claims here in the Financial Legal Forum

 

Andy

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  • 1 year later...

they have some nerve ....giving you 14 days to respond and yet they have waited nearly 2 years.That default summary from their own internal systems was recently dismissed on another thread as there could be no proven link to the OC or the service of a valid default notice pursuant to sect 87.1 CCA.

 

Andy

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I will see If I can find it but check any Cabot thread on the 1/2/pages here marked Dismissed.

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Not in the Legal Success Forum yet...it was in this forum...I only transfer them a few months later.

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On the basis of what you have uploaded which they have provided after 2 years...some cobbled together screen shot from god knows whos accounting system...do you really feel a need to reply ? If they are confident that represents proof of service of default notice then let them proceed and lift the stay.

 

Andy

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  • 2 weeks later...

Did they provide the agreement as per post # 64?

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The letter you uploaded in post #64 states what they have disclosed.Where is the agreement have you uploaded it ?

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Well page 3 is there were they requested you sign and return......this is a pre April 2007 agreement and the prescribed terms appear to be present so would hasten to add that a court may accept that as a valid agreement.

 

That leaves you with only the lack of DN so should you wish to ignore and proceed you do so at the risk of getting a judge who is a stickler for section 87(1) and may possibly dismiss the claim on those grounds.

 

Should they follow their threat through and make application to lift and strike out /summary judgment be aware that you will cover the further costs which will be added to the claimed amount......so in effect it may be prudent to consider their last letter and try to thrash out some agreement that avoids proceeding and further costs.

 

Something for you to consider....as Cabot/Mortimer normally do follow through their threat.

 

Andy

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Well its 1a that you would rely on and hope the judge does not fall for the old " on the Balance of Probabilities " I  see there is a screen shot of details of the Default so there must have been one sent......

 

Although that screen shot can not be evidenced to Sainsburys accounting services software and possibly recreated to fit the claim.

Evidence of a default is not evidence of service and does not satisfy section 87(1)

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Possibly.....but with hindsight and seeing the varying levels of quality District Judges in the UK ....some that follow the CCA1974 to the dot and some that prefer the balance of probabilities route and tend to side with claimants...its impossible to predict an outcome.

 

If you can stand a further £255 application fee (thats what it costs for their next move) and are willing to wait if they actually do it......you could always try to negotiate a settlement before that stage is finalised for hearing...but its  your call.

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The following may be of interest when the claimant makes application for SO/SJ and you get a bad Judge.

 

https://www.consumeractiongroup.co.uk/topic/412568-cabotrestons-claim-form-old-vanquis-card-debt/page/6/#comments

 

I personally would wait and stand another £255 to see if they do make application ...but thats me not you

 

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I wouldn't.......your last letter from them may have been spewed out by by software and your response could push them to actually make application.

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It doesn't...your agreement was pre April 2007 and you have not been given a reconstituted version ..what you have uploaded is the original with your signature.

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I couldn't find it either...but I deffo read it and advised on the thread  :(

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