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Cabot/Mortimer Claimform - Aqua Card debt - now application to lift stay **CLAIM DIED**


2021Oops
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I have made a few tweaks and added point 2.Check that your happy with the draft.

 

Andy

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3. Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.

 

Quote

Also I think they did send the Pre action thing, I didnt actually receive it till after id got the claim as it went to the old address. Should I leave that in still?

 

Yes you didn't receive it.

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Purely speculative accounting...they have to account for it somewhere.....but should they lose make sure you follow it through and its removed.

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  • 2 weeks later...
Quote

I did have a letter from the court last week actually but that literally acknowledged the defence hence I didnt post it up.

 

Well that's more important than their missive which basically means nothing yet tries to convince you they are in control of the process...

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  • AndyOrch changed the title to Notice Of Transfer Of Proceedings re Stayed claim from 2021
  • dx100uk changed the title to Cabot/Mortimer Claimform - Aqua Card debt - now aplication to lift stay
11 minutes ago, 2021Oops said:

Is it worth trying to negotiate repayment or has that ship sailed?

No .....contact them and suggest you may be open to settling this by way of a Tomlin Order with monthly affordable payments and the option to settle in full when available...providing they stay the claim.

 

Andy

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You could email them but you have the higher ground with a quick phone call as you catch them off guard and off script.

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She will be referring to the Notice of hearing for Summary Judgment not a claim form when you get the date...but its not too late to halt it now the hearing date has yet to set by they don't need a hearing date to Draft a Tomlin order.

If they do agree they wont get a refund on their application (SJ) so you may be hit with that too in any settlement fig.

 

 

.

 

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Why 3 months try 6 dont stretch yourself.

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All subject to the hearing date from what they say, 5 days before which is yet unknown either full or in instalment's...rather strange confusing response.

I would advise you respond and agree and get that first payment away asap.

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