Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Essex & Suffolk Water
by Sharpysparky Yesterday at 11:50 pm

» ...If they can do it so can we can't we?
by ceylon Yesterday at 8:19 pm

» UK Column
by ceylon Yesterday at 5:01 pm

» in house enforcement agents
by Sharpysparky Yesterday at 11:10 am

» Intrum Finance letter advice please.
by Ithesoul Yesterday at 9:55 am

» Another noob faced with a DC
by onak Yesterday at 2:19 am

» Debt purchaser using DCA to initiate court proceedings but purchaser without permissions is on court papers
by waylander62 Thu Sep 20, 2018 8:39 pm

» CCJ
by Taz Thu Sep 20, 2018 6:23 pm

» Latest from CrimeBodge
by LionsShare Thu Sep 20, 2018 5:45 pm

» Hillary Snuff Video Resurfaces! Horrifying!
by handle Thu Sep 20, 2018 4:22 pm

» ...Is this proof privatisation does not work?
by ceylon Thu Sep 20, 2018 12:34 pm

» Reality chat with peter howard and company
by Society of the Spectacle Wed Sep 19, 2018 7:34 pm

» NIP - speeding with photo evidence
by daveiron Wed Sep 19, 2018 5:12 pm

» ...Brexit are you taking the piss?
by ceylon Wed Sep 19, 2018 2:12 pm

» The End of London. Prepare Yourself.
by ceylon Wed Sep 19, 2018 10:56 am

» CCJ Delivered. I was unaware as i dont live at the address
by MEATBALL Wed Sep 19, 2018 10:31 am

» Motorists could face £100 fine for driving too close to cyclists
by Ausk Wed Sep 19, 2018 9:55 am

» Treason May or Peter of England
by assassin Wed Sep 19, 2018 1:31 am

» new PPI ruling
by handle Tue Sep 18, 2018 11:30 pm

» Ozone Therapy
by Kestrel Tue Sep 18, 2018 8:30 pm

» ...Who wants to travel 10 years back in time?
by ceylon Tue Sep 18, 2018 7:34 pm

» 5G & Smart Meters
by daveiron Tue Sep 18, 2018 11:59 am

» Drydens Fairfax
by Swan Tue Sep 18, 2018 6:38 am

» This just sums so much up....
by Kestrel Tue Sep 18, 2018 6:15 am

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Sep 17, 2018 7:17 pm

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Sun Sep 16, 2018 9:52 pm

» Watch This!
by LionsShare Sun Sep 16, 2018 4:09 pm

» ...Would a high vis vest put you off sex?
by ceylon Sun Sep 16, 2018 12:16 pm

» Hello Everyone,
by freeland Sat Sep 15, 2018 4:08 pm

» ...Are there any more signs of a coming financial crash?
by ceylon Sat Sep 15, 2018 1:31 pm

» ...Does the UN plan to destroy Europe?
by Lopsum Sat Sep 15, 2018 11:23 am

» Statute Barred after set aside
by daveiron Sat Sep 15, 2018 10:32 am

» My personal favourite
by chong Fri Sep 14, 2018 9:27 pm

» Let's Have Some Tunes thread.
by chong Fri Sep 14, 2018 9:21 pm

» ...Are the police here to protect you or rape your kids?
by ceylon Fri Sep 14, 2018 1:07 pm

» Bulk Data Collection By NSA and GCHQ Violated Human Rights Charter, European Court Rules
by ceylon Fri Sep 14, 2018 11:47 am

» Latest Rich Planet vids Richard Hall
by daveiron Thu Sep 13, 2018 7:05 pm

» ...BREXIT is there any evidence we are going to leave?
by ceylon Thu Sep 13, 2018 1:33 pm

» Cabot / Restons Claim
by waylander62 Thu Sep 13, 2018 9:55 am

» 3 letter system for DCAs (not debt purchasers) needed?
by daveiron Thu Sep 13, 2018 9:20 am

» National non-compliance day
by chong Thu Sep 13, 2018 6:09 am

» Data Protection Act 1998
by LionsShare Wed Sep 12, 2018 5:18 pm

» UK KIDS ...WANT DEAD BABY CELLS UP YOUR NOSE? NHS ANNUAL FLU NASAL SPRAY https://www.youtube.com/watch?v=tdGXQ61LCgE&feature=em-uploademail
by ceylon Wed Sep 12, 2018 4:45 pm

» …Does commerce control the government?
by ceylon Wed Sep 12, 2018 4:31 pm

» Cabot- is there a realistic chance to fight them?
by annap Wed Sep 12, 2018 12:58 pm

» justinian deception
by Ausk Wed Sep 12, 2018 9:29 am

» GERMAN COPS JOIN THE PEOPLES PROTESTS
by Society of the Spectacle Tue Sep 11, 2018 6:11 pm

Moon phases


Cabot and Restons Conspiracy to Defraud

Page 3 of 3 Previous  1, 2, 3

Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by daveiron on Tue Dec 12, 2017 9:15 am

Did the judge state what case law had superseded the Denning judgement?
I recall from somewhere that a DCA had claimed that on their website ,but it turned out it was on a different part of the judgement.

daveiron
Admin
Admin

Posts : 1156
Join date : 2017-01-17

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Tue Dec 12, 2017 2:08 pm

Hi daveiron,

No the judge didn't state what or which case law had superseded the Denning judgement, just that it had, and under no circumstances was I allowed to see the DoA.

A solicitor I've managed to get hold of and talk to since, said that was simply not true.

The more I think about how things went that day the more I think the judge wasn't being impartial at all and was on the side of the DCA.

barnwebb
Not so newb
Not so newb

Posts : 79
Join date : 2017-11-04

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by daveiron on Tue Dec 12, 2017 4:27 pm

Hi barnweb,

Have you had a look at CPR r 31.14 & CPR r 31.3 ?

daveiron
Admin
Admin

Posts : 1156
Join date : 2017-01-17

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by Tiggy on Tue Dec 12, 2017 6:35 pm

@daveiron wrote:Hi barnweb,

Have you had a look at CPR r 31.14 & CPR r 31.3 ?
Nothing in CPR 31 is applicable to the Small Claims Track.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Wed Dec 13, 2017 11:56 am

Hi daveiron,

I think I'm correct in stating that CPR 31 etc is for claims over £10,000 and that CPR 18 is for amounts that are less than that, hence the small claims track.

Cheers Tiggy

barnwebb
Not so newb
Not so newb

Posts : 79
Join date : 2017-11-04

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Sun Dec 17, 2017 6:29 pm

The Cabot/Restons response to me not being in the position to pay their costs yet was to offer a Tomlin Order so I can pay everything off monthly and they won't pursue any more court action. I think you guys know what my answer will be to that one, especially as they haven't even won !

If? when? I win I will be pursuing them to get my costs back and a bit more.

barnwebb
Not so newb
Not so newb

Posts : 79
Join date : 2017-11-04

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Thu Feb 01, 2018 7:00 pm

Hi Tiggy and everyone else, an update for you all on this one.

In the "Tomlin" letter they said that their clients 'do not wish to cause any further financial hardship' but no doubt were hoping I would fill in their Tomlin Order paperwork. I ignored this letter until the other day.

Anyway, I finally managed to scrabble the money together for paying the Costs Order and sent a letter with a cheque bluntly saying to them along the lines that if their client didn't want to cause any further financial hardship then they had better prove it by withdrawing all court action and erroneous claims immediately and that I doubt they would as they're only interested in maximum profit by exploiting those already in financial hardship hence they had sent me an offer of a Tomlin Order etc.

Today, much to my amazement, I recieved a letter with a Notice of Discontinuance and they have withdrawn the claim.

There are possibly two reasons for this, one reason being that they are being nice and took note of my financial position and the other reason could be that it is now February and they have to produce the Default Notice and, well, maybe they just haven't got it available.

In conclusion I'm pleased all is over with for the time being and I've decided I haven't got the will power or enough knowledge to attempt to claim back my losses so I'll put this file in the corner and concentrate on the other ones that have started against me.

Cheers Smile

barnwebb
Not so newb
Not so newb

Posts : 79
Join date : 2017-11-04

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by Tiggy on Thu Feb 01, 2018 7:30 pm

A Notice of Discontinuance, that's a great result !!

If this was allocated to the Small Claims Track then I don't think you'd be able to claim costs anyway.

Still a good result though, well done xx

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by WAHMlaw on Fri Feb 02, 2018 5:47 am

Great work! Through the book at them for damages!

WAHMlaw
Not so newb
Not so newb

Posts : 9
Join date : 2018-01-24

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by barnwebb on Fri Feb 02, 2018 12:49 pm

Thanks Tiggy and WAHMlaw

It would be handy if I was able to claim costs but I'll worry about that another day and as for throwing the book at them, well, when I become a billionaire (I live in hope) I'll pay someone to sort it out and give them hassle, just because I can. Smile

Ultimately it is all about not giving up, even after suffering 18 months of grief from them and on occasion feeling like throwing in the towel I decided not to let them think I was going to be a pushover and to make them fight for every inch even if I was going to lose. Very Happy

barnwebb
Not so newb
Not so newb

Posts : 79
Join date : 2017-11-04

Back to top Go down

Re: Cabot and Restons Conspiracy to Defraud

Post by Sponsored content


Sponsored content


Back to top Go down

Page 3 of 3 Previous  1, 2, 3

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum