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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
Kirkstaller

Cabot Financial / Mortimer claim form - Fashion World

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Yes thats the one......so your wifes defence is what you will be fighting this claim on...yes you can amend a defence.....you requires the courts and the claimants permission and you have to submit an application notice..the fee is £100....without hearing.

 

Amendments to statements of case

 

17.1

 

(1) A party may amend his statement of case at any time before it has been served on any other party.

 

(2) If his statement of case has been served, a party may amend it only –

 

(a) with the written consent of all the other parties; or

 

(b) with the permission of the court.

 

(3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.

 

(Part 22 requires amendments to a statement of case to be verified by a statement of truth unless the court orders otherwise)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17#17.1


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sorry about the confusion earlier regarding the letters in post 7 you attached

 

many jpg's uploaded do not allow you to zoom easily or zoom at all on android devices which is why we recommend using PDF.

 

what I say on my phone was the cabot logos on both but couldn't clearly read the text, other than seeing 31:14 which I assumed was their std response but can see now both mention defence was filed...and as you haven't mentioned she'd got an acknowledgement of filing defence letter from the court , I mistook both as their usual stuff.

 

my comment above removed for clarity for future readers


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Thanks.

 

Is amending the statement of case the best way forward now? I don't imagine the defence we've filed will be of any use.

 

What happens if Cabot can't produce a copy of the agreement and default notice?

 

What a mess this now is.

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What was your Solicitor friends thinking...?

 

I have an alternative idea lets see if its similar thinking.

 

Andy


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Hi

 

They havent come back with a full answer yet but advised to email MCOL informing them of the error and with the correct defense failing that might be an application notice

 

Thanks

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There is no error your wife submitted a defence instead of just acknowledging service and exiting.....you have a further 14 days to submit the defence after AoS.

Hence the acknowledgement of defence in post#7...the court has accepted what she submitted.


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Is the only way forward to submit an application notice? Or do we have to continue with defence she submitted?

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Well Im still waiting to hear what your Sol friend idea was..... and if similar to mine ?


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Well I have already covered that and the consequences in post # 26.

 

No that wasn't my idea..that was my response to what I assumed your Sol friend idea would be:wink:

 

My idea would be to let the defence stand as is...given that MCOL have accepted it as CPR compliant...and then particularise when you get to submitting a witness statement stage...if it proceeds that far.....saves you £100 application fee.

 

Also in future check with each other before submitting anything further :-)


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Thanks for your advice, I think we will do as you suggest. We've only fought one claim before and that was in 2014 (not through MCOL), so my wife thought she had to fill in the box before the system would accept AoS. Needless to say, it won't happen again! We went on to win that claim in court.

 

What do we do about the postal order Cabot are claiming we didn't enclose? Should we respond to their correspondence and send another PO?

 

Mortimer have acknowledged the CPR 31.14 but have not responded with the requested information. We're hoping they are unable to locate it (as I've seen in other threads). We never received a default notice so I'd be interested to see what they come back with.

 

I'll let you know how we get on. Until then, I'm reading up.

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Well for the sake of £1


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My wife called the court yesterday to ask if the claim has been stayed (nothing back from Cabot or Mortimer in response to our requests). The confirmed over the phone that it had. My wife asked if they would be confirming this to her in writing and they said no - this seems odd to me, is this standard practice?

Would you recommend any further action now the claim has been stayed? I know this is not 'the end' of the matter - although it's good news for now and a spot of luck after messing up the defence. What happens if they don't supply the requested paperwork?

Thanks again. 

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Yes standard practice....it  tells you what will happen after you submit your defence on the courts acknowledgment of your defence.There is no further action a defendant can take...its up to the claimant if and when they wish to proceed.

Andy


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Cheers mate. From other threads it looks like they might still try to get us to pay the alleged debt, needless to say we won't be.

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Absolutely there will be numerous letters offering you a last chance to withdraw your defence or reach a settlement....thats because as the claim is stayed, it will cost £255 for their application to proceed.:classic_biggrin:  


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