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    • Better to keep my suggested paragraph as one rather than split it......defence above amended.
    • So they've produced a copy of a statement amounting to the figure claimed for AND a copy of the CCA but it isn't signed... Not sure if that's admissable or not due to it being online, it does have my account number and address on, but the customer signiture and date section is blank.  They posted this up online the day after the case meeting....   Is it game over?
    • PD 44 Timing of summary assessment   9.2 The general rule is that the court should make a summary assessment of the costs – (a) at the conclusion of the trial of a case which has been dealt with on the fast track, in which case the order will deal with the costs of the whole claim; and (b) at the conclusion of any other hearing, which has lasted not more than one day, in which case the order will deal with the costs of the application or matter to which the hearing related. If this hearing disposes of the claim, the order may deal with the costs of the whole claim, unless there is good reason not to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#para9.5    
    • I find many inconsistencies in the posts from Louiseannmarie, not least her reference to her 'badge number'. Since when have the British Police held badges? They are issued with a warrant and use collar numbers for identification. Possibly has watched too many American movies!   'Her' spelling and grammar are less than I would expect of a Police Officer and her threat to report the site to the West Midlands Police, whilst claiming to work for them does not ring true.  Suspect that 'she' is a troll.
    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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


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Hi,

My partner had two credit cards between 2001-2008

- both of which she defaulted on when her husband left

- leaving her with two young kids.

 

Unable to pay the mortgage she was forced to move into Council Accommodation.

 

Today,

She received a Notice of Issue of Warrant of Control.

 

Creditor: Cabot Financial (UK) Ltd

 

The letter states that if the debt (£857) is not paid by 2nd Feb 2018 then Bailiffs will be call to remove goods for sale at public auction.

 

I work as a bar tender and my partner is disabled and on benefits.

 

No attempt was made to contact my partner in the last 8 years regarding the debt

(we still don't know which CC it applies to.)

by mail or telephone.

 

She is terrified that the bailiffs will turn up and start ransacking the house.

 

Can anyone give me a clue as to where to begin fighting this?

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The letter says: "You have not made payment under the judgement as you were ordered." But she has not received any letters about a CCJ application.

I will upload the document asap - as soon as I get off work tonight (Gonna have to borrow my bosses scanners.).

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OK first thing to do would be phone Northampton Bulk centre and ask for an emailed copy of the Claim and judgement

 

Did she notify the CC companies of her change of address when she moved to the council accommodation?

 

If she didn't it will most likely be a a judgment by default and she will have to have good reasons to get it set aside but we can cross that bridge when we get the info from the court

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something doesn't sound right

 

did she definitely inform them of the change of address, not just use it once she moved

 

Because they are saying they already have a judgement

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ok

 

first thing tomorrow she needs to phone the County Court and find out if there is a judgement against her

 

If they knew her new address then that is a reason for a set aside if there is a CCJ registered against her

 

She also needs to check her credit file to see if it is registered with them

 

There are number of free credit reports available online

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I'll give her this information. Also please find attached a Photo (realised I could use my Phone, duh!) of the letter they sent. Bit blurred but readable.

Edited by honeybee13
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The claim number is on that letter, it was issued in the Bulk centre in Northampton

 

If she phones them and gives that number she can get a copy of the claim and judgement emailed to her

 

once she gets that come back and upload it redacting the in personal info

Edited by honeybee13
Claim no on doc, removing it.
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Sound slike cabot getting a judgement on an old address again, then keeping quiet. Then miraculously discover your current address after the CCJ has been stamped and outside the 28 day period post judgement

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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are you indicating that she made no payments or use of the card for the last 6yrs possibly

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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Please find attached a copy (Redacted) of the 'Notice of Issue of Warrant of Control' sent to my partner.

She is still on the phone trying to obtain the information requested.

Additionally, she states that she never used either Credit Card after 2007.

Redacted Copy.pdf

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didn't need to see the warrant that's immaterial

if the debt was already sb's by the time of the claimform [about 1mth before the CCJ]

then got set it aside.

 

if you RING the claimant you might even find they'll set it aside FOR FREE under mutual consent saving you the £255 fee

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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I presume 'sb' stands for 'Statute Barred'?

By Claimant do you refer to the original CC issuer (which we don't yet know) or the Creditor ('Cabot') ?

 

Additionally, letters have (apparently) been sent from various DCAs regarding these cards over the years - though no response was made on her part. Does that invalidate the Statute Bar?

 

PS. Does anyone have a number for Cabot - non on any of the forms we've received.

Edited by primitive_man
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find out those payment details first.

 

cabot were the claimant probably restons were the solicitors

though they rarely allow free set aside but worth a try. once you know it was them

 

I think we've had one whereby they did set it aside for free once they knew that you knew it was already statute barred at date of claimform.

 

no letters can reset anything

if the debt was SB'd at the claimform issuance nothing can unbar it not even a judge.

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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do you know yet which of the cards this ccj is for?

 

if you do

get her to go ring the original creditor and ask last payment date.

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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Email....State the claim number in your subject line.

 

Request for copy of Judgment

Copy Judgment

[email protected]

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 OTHERS

 

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Case number

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 OTHERS

 

 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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