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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
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    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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primitive_man

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
formatting

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looks like ye old phantom payment syndrome.


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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.


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dead then...


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your letter forget it, no point


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Just an update:

 

Received a letter this morning informing me that the application for a set aside has been transferred to the County Court nearest us + got cheque back as application for fee remission was granted.

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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


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

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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.


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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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Other information: Got copies of the statements from the Coop - and that last transaction (dated 06/2012 in their notes) is NOT listed!

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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


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Hey well done


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