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Backdoor Cabot CCJ old co-op card - now Warrant of Control***Set a Side Uncontested***


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Looked at my email this morning and Lo and Behold - a response from Cabot!

 

See Attached....

 

I would draw your attention to paragraph 16 where they state that the account went into default on 15th April 2010

- and then, miraculously (at least for them),

a single payment was made in on 1st June 2012

- taking the account back within the actionable period and negating the Limitation Act 1980.

 

I would also draw your attention to paragraph 11

- 'In terms of the address in this matter, we have not held a previous address for Ms ******** in this matter.

 

A County Court claim pack was sent to the address on 15th September 2017 and due to no response to this the County Court Judgment was obtained in default.'

 

They first state that they don't have an address and then state that the documents were then sent to the address - What?! The one they didn't have?

 

Hmmmm... Perhaps I should have waited a little longer for their response as they seem to have made my case for me...

 

Paragraph 16: 'the original default does drop of from the report after 6 years from the default date, in this case 15th April 2010'

 

and, as far as I'm aware, the 'cause of action accrued' starts from the first missed payment and not from any subsequent payment.

Cabot_Response.pdf

Edited by dx100uk
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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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looks like ye old phantom payment syndrome.

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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Share on other sites

Yes.

No source of payment, i.e. origin of transaction.

No type of payment, i.e. Cash, Giro, Cheque or transfer.

No time of transaction.

 

I guess that Coop could have been 'salting the mine' in order to get a DCA to purchase the debt ;}

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I would not bother

get the N244 running

you can use that then.

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... 

Link to post
Share on other sites

dead then...

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... 

Link to post
Share on other sites

your letter forget it, no point

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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Share on other sites

  • 2 weeks later...
  • 4 weeks later...

Happy days are here again! - Or are they?

 

This morning we received a 'Notice of Discontinuance' - from Wright Hassall representing Cabot - wherein they have agreed to a discontinue of all of this claim.

 

No mention is made of removal of the CCJ though... Hmmmm

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Happy days in deed.....their notice of disc informs you that they will not challenge the application to set a side and therefore the CCJ stands dismissed.

 

Still attend the hearing.

 

Well done

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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The letter states that the hearing will be vacated (Cancelled?) - is there a way to confirm this?

 

No need to if the court have confirmed it (have they ? or has the claimant?)...you have an unchallenged set a side...end of the matter.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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No letters from the court, as yet, just Wright Hassell - though the second page is signed and certified by their Paralegal stating that a copy of the notice has been given to all parties - presumably this includes the court.

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No letters from the court, as yet, just Wright Hassell - though the second page is signed and certified by their Paralegal stating that a copy of the notice has been given to all parties - presumably this includes the court.

 

Then just ring or call into your local county court and confirm its been vacated.

 

Thread title amended to reflect the outcome.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hey well done

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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Share on other sites

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