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    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
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Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***


tomtom013
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then as post 21

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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why?

 

dx

 

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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  • 5 weeks later...

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim?

 

Also am I ok to set it out in bullet point like I did with my original witness statement?

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement? 

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

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yes as post 23

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 hours ago, tomtom013 said:

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim? No that was your defence....this is a statement in response to their application

 

Also am I ok to set it out in bullet point like I did with my original witness statement? You have not submitted a statement yet..you have submitted an initial defence..lay it out same as the claimants statement 

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement?  Correct

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

Post your draft here for checking in PDF format.

 

Andy

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Sure post it here in PDF format and I will run through it in the morning.

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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likewise, I also request my costs being..

 

English/grammar needs a tidy but 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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I personally would not be submitting the above.... that requires far more work.

 

Your response should be along the lines of the following.....post #154

 

https://www.consumeractiongroup.co.uk/topic/395850-cabotrestons-claim-form-2-old-lloyds-credit-cards/page/7/#comments

 

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

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  • 2 weeks later...

pm advice is not allowed unless its pers info which cannot be placed in the public domain

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

sure..

better here then everyone can help

and it helps future readers p'haps in like situation 

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

  • 3 weeks later...

sorry it took so long to reply back

 

i went to the hearing about three weeks ago.

Arrived and signed in, the solicitor heard me and seemed to look dismayed that i had turned up. 

 

I waved and said hello poiltely. 

Sat down

- unfortunately the only free seat was near him.

 

He leaned over and asked me if I needed to know anything, I politely said no thank you. 

He then said, there are a few more cases before ours so we probably would be waiting about 2/3 hours.

I felt like he was trying to psych me out, I could be wrong - maybe he was just being helpful. 

20 minutes later we were called in.

 

We went into the court room and began.

The judge said the only sticky point was whether the default notice had been sent.

He looked at the screen shot that supposedly said the default notice had been sent. 

 

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

the solicitor seemed flustered. 

 

the judge said it would need to go to trial. 

I mentioned that this process has been ongoing for over 16 months with the case being stayed because they hadnt yet sent the requested default notice yet so they obviously havent got it. 

 

The judge asked me what I wanted him to do. 

I cheekily asked him to strike out the claim

- luckily he has a slight sense of humour and didnt take this negatively. 

 

He stated there wouldnt be any point doing this as the claimant could get a default notice and re start a claim. 

a trial was requested with no further fees as they had lost. 

 

The judge said to me,

"You have won the battle, but not the war yet!"

He also advised that all the debt collector wanted was the money I owed, so to think carefully about what I was going to do.

 

As we left, the solicitor said that he didnt actually work for restons and said that all they would do was use a reconstituted (think that was what he called it) default notice letter like they did with the credit agreement.

He said that they will use another notice and just copy and paste my details and the date onto it and use that. 

 

I said that sounds a bit faudulent to me. 

He replied, well thats what they probably did with the credit agreement. 

Then he said, if you phone restons and offer £900 to settle (the whole claim is £2600 with fees), they would snap my hand off.

  I said thank you and left.

 

A few days ago I received a letter from the court detailing the outcome from the hearing.

 

Then yesterday, I received a letter from restons stating that the claimant (cabot) are discontinuing the claim and have logged this discontinuiation with the court and all further correspondance needs to be to cabot.

 

Now, what do i do now? 

Is this another tactic in the long winded game? 

Will cabot now re-hash a default notice and start another claim? 

 

Thank you  -sorry for the long post!

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you've won

 

end of

 

last you'll hear about it.

 

aw poor restons..

nice to see the locum admitting what we have know for ages about DCA's though...copy and paste jobbies everytime!!

  • Like 1

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

throw the morality card out the window!!!

 

if DCA's can fake paperwork, that's a far worse situation.

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

  • AndyOrch changed the title to Cabot/Restons Claimform - old New day Marbles card - - Application to lift stay/Summary Judgment***Claim Discontinued***

Well done.....decent judge by the sounds of it...

 

Quote

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

 


Which is what we state and include include in every statement involving Restons......and to make matters worse the screen shot is from Restons own software and some Judges fall for it.

 

Thread title amended.

 

Andy

  • Like 1

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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  • dx100uk changed the title to Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***
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