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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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SpeedyCBR1100

Cabot/Hassall CCJ - Morgan Stanley Dean Witter Sainsbury card - chasing payment i stopped

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I had a problem a few years ago and was paying a small amount of money to the above for a debt following a CCJ in 2007. 

 

I was forced to retire following a motorcycle accident and I receive only the state pension. 

I sold my house in the South East about 3 years ago and moved to Derbyshire where I am from originally.

 

I've been waiting to be contacted by the above and I received a letter today. 

They are threatening to enter the 2007 judgement on the Register of County Court Judgements. 

Can they do this after all this time? 

What other steps should I take? 

The debt is not statute barred as I was paying towards it until July 2016. 

 

All help gratefully received.

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Only a court can register a judgment...which is done at the time of judgment if unpaid within the allotted time.Was it not registered at the time in 2007 and if not do you know why ?

 

Andy


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I presume it was, but at the time I was also going through a messy divorce, so I don't know for sure. 

I also don't know how I can check. 

There's certainly nothing on my current credit record. 

 

They actually say in their letter, "The details of the judgement have been entered on the Register of County Court Judgements. It will stay on the Register of Orders and Fines for 6 years." 

 

Perhaps I'm reading too much into that sentence and it has been and gone. 

They then say that if I do not contact them within 7 days, their client, who is Cabot, has instructed them to commence enforcement action.

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Could you scan/ redact the letter and upload it please......difficult to advise on just a snippet....lets see the complete context.


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what was the org debt all about 

debt type etc

and who was the original creditor?

 

they could get an AEO if you are earning

and a CO against a property if you now own one

as you've paid until recently


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Original debt was a Morgan Stanley Dean Witter Credit card from Sainsbury's Bank. 

It was in joint names and went wrong during a divorce. 

 

I'm an OAP with only the state pension as income. 

I own my house as I sold a house in the South East and made enough to do so.

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cant find any link between morgans and Sainsbury..but anyway..

do you remember who got the CCJ..the claimant?

was it cabot?


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Its not they will re enter...it was entered in 2007...but it will have fell off now.

 

It simply threatening to enforce the judgment further because you have stopped payment. Was the " small payment " you was making set by the court or set informally between yourself and Cabot ?

 

Simply resume the small payment ...how much was the judgment for ? How much do you think you have paid off ?

 

Andy 


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The payment was set informally between Cabot and me.  I don't remember how much the judgment was for and I've no idea how much I've paid off.  Should I ask them?

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Okay so there is no court direction set on the amount.....and yes you must request a full set of statements from 2007 onwards...you could use that as a reason to stopping payment.

Im sure there is a requirement that consumers must be informed annually.


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since you moved

have you told them of your new address?

 


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It's about 3 years since I moved.  I didn't give them my new address but I kept an eye on my credit file because of activity from my ex.  I saw my address change on there so I'm sure they could too.  I'll contact them on Monday and ask for statements.

 

Thanks for the advice.

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Doesn't work like that 

You must tell creditors

So we're you getting annual statements before your move?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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ok sar time then to Cabot me thinks.


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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OK. I've prepared the SAR for post on Monday using the template from here.  God, this place is useful,lol.

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don't sign it

inc a ctax bill copy

might be an idea to also enc a copy of the latest letter.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Given that this CCJ was awarded in 2007  it may be Cabot was not the original Judgment claimant.The judgment is 12 years old  with payments being made up until 2016 to I assume Wright Hassall.

 

Anything information required would possibly be best requested from them and not Cabot ?


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I'm pretty sure I was paying Cabot.  I had a phone call from Cabot at the beginning of last week in which I told them I was happy to cooperate but  would prefer to do so in writing.  It was after that I received the letter from WH.

 

 

 

 

 

 

 

 

 

 

 

i

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You want a full statement of account of payments from 2007...outstanding balance and  details of the original judgment.....Only WH can supply that information.....not CAbot.


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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So do I do a SAR to WH and forget the one to Cabot, or should I do both?

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Costs nothing now...so you could do both...no harm....Im just saying that CAbot wont hold much Data.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I wasn't criticising, Andy.  I'm new to this and I am grateful for your guidance.

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