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Cabot- is there a realistic chance to fight them?

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Post by Mrblue on Sat Mar 23, 2019 10:28 am

These Debt companies truly are scum bags - they’re pushing you to your limits as they will still be assuming you’ll quit as do most people. They’re still playing a game with you.

I’m sure Waylander will confirm this, but I’m sure that without the scum bags supplying the docs you requested (ie breaking the pre action conduct protocol) then you can simply apply for the court ‘to stay’ and with good reason.
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Post by waylander62 on Sat Mar 23, 2019 10:35 am

depending on annaps response,

it may be the next thing is to write to the solicitors asking them to explain why they have issued a claim when they have received a response to the LBA requesting documents, acknowledging this request, and putting the matter on hold until the documents have been provided. NO docs have yet been provided !

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Post by annap on Sat Mar 23, 2019 10:53 am

@waylander62 wrote:So they have issued a claim despite you returning the forms and replying to the letter before action requesting documents ? do you have proof that you sent this ?

they still haven't sent you any documents to prove their claim ?

you will still have an option to settle through mediation if you wish.

Hi,
Yes I do have a proof of delivery plus they have actually responded to my request so that is a proof itself that my letters has been delivered. No, they haven't send any documents. Last time I've hear from them was these two letters: one- where they said they don't have any documents and will request them from Cabot and until then there will be no action taken, and two days later they have send second one where they said that in a letter of claim they have been referring to wrong original creditor and I must responded within 21 days or they will issue the claim. They have never send another (corrected) letter of claim or any requested documents.

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Post by waylander62 on Sat Mar 23, 2019 11:10 am

Ok

Then write to the solicitors

begin the letter by saying : i have received a county court claim in respect of xxxxxx

then ask some serious questions, ask why they have issued a claim when they have received a request for documents as per the pre action protocol, why they have said they will put the matter on hold until the documents have been provided yet provided nothing but still issued a claim ?

post up your response letter if you wish so we can check it add to it or amend

that is what i would do.

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Post by annap on Sat Mar 23, 2019 11:31 am

@waylander62 wrote:Ok

Then write to the solicitors

begin the letter by saying : i have received a county court claim in respect of xxxxxx

then ask some serious questions, ask why they have issued a claim when they have received a request for documents as per the pre action protocol, why they have said they will put the matter on hold until the documents have been provided yet provided nothing but still issued a claim ?

post up your response letter if you wish so we can check it add to it or amend

that is what i would do.
Ok. I am going to prepare it and post it for your review. Thank you.

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Post by daveiron on Sat Mar 23, 2019 11:42 am

Hi annap,

If you dont mind ,just a quick suggestion. I personally would not post comments like, 'will i still be able to
settle before court'. or anything that may show you may give in if pushed. Its pretty certain DCAs monitor
this site.
If you need info like that I would suggest you ask waylander via a pm ,I'm sure he wont mind.


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Post by Mrblue on Sat Mar 23, 2019 12:11 pm

Good point DaveIron... As per my other post 10:28 this morning, the scum bags will hope / assume you’ll quit / not turn up to court. And if they see some of the considerations you are making, that might potentially encourage them.

It’s normal to feel concerned, but you’re a long way from being served a CCJ and, from what I’ve seen so far, the scum bags / solicitor (?) are screwing up left, right and centre. Stay on course as per the advice from Waylander and you’re chances are much better :-)

(Just keep reminding yourself; the scum bags are NOT above the law. They’re just people in an office with whom you categorically have no contract with. They’re the idiots who bought an alleged debt and the onus is FULLY. on THEM not YOU to justify their claim (ie have the right paper work!).
And it’s not that simple...)

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Post by annap on Sat Mar 23, 2019 12:26 pm

Mrblue2017 wrote:Good point DaveIron... As per my other post 10:28 this morning, the scum bags will hope / assume you’ll quit / not turn up to court. And if they see some of the considerations you are making, that might potentially encourage them.

It’s normal to feel concerned, but you’re a long way from being served a CCJ and, from what I’ve seen so far, the scum bags / solicitor (?) are screwing up left, right and centre. Stay on course as per the advice from Waylander and you’re chances are much better :-)

(Just keep reminding yourself; the scum bags are NOT above the law. They’re just people in an office with whom you categorically have no contract with. They’re the idiots who bought an alleged debt and the  onus is FULLY. on THEM not YOU to justify their claim (ie have the right paper work!).
And it’s not that simple...)

Yes I got concern for a second that's all what it was. But I will not step back. If they want to go to court I will go to court, and let the court to decide.

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Post by Mrblue on Sat Mar 23, 2019 12:43 pm

Good on you! Very Happy
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Post by annap on Thu Apr 04, 2019 11:43 pm

Hi everyone who was following the thread. I want to update you all a bit with the present situation as there was no post for quite a bit. I was communicating via PM with Waylander62 who is a great help. So.... today, I have received a letter from Mortimer in which they have stated that a claim against me was an administrative error, and they are very sorry for any inconvenience caused. They still do not have documents requested. But they will come back to me when they finally get it.
Waylander62 suggested I should check the claim status with the court to make sure they have really put the claim on hold. This is what I will do, so more updates soon.
Waylander62 many thanks!

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Post by Mrblue on Fri Apr 05, 2019 5:39 am

Sounds very promising Smile
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Post by daveiron on Fri Apr 05, 2019 9:05 am

As Mr Blue said ,it sounds promising.
More importantly thanks for the updates ,they really are important.
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Post by waylander62 on Wed Apr 10, 2019 10:01 am

i dont think you should just leave this hanging like it currently is,

the best bet would be to make an application to the court for them to produce by a certain date for abuse of process but it will cost to make an application

aside from that if you have had no official confirmation from the court then you MUST still submit a defence.

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Post by annap on Wed Apr 10, 2019 7:12 pm

@waylander62 wrote:i dont think you should just leave this hanging like it currently is,

the best bet would be to make an application to the court for them to produce by a certain date for abuse of process but it will cost to make an application

aside from that if you have had no official confirmation from the court then you MUST still submit a defence.
Hi I have just received the court confirmation that the claim is discontinued. Dated 5th April:-) They have also sent back an acknowledgement form. So I guess at least for now no need for submitting defence.
Regarding application I will PM you.
Thank you.

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Post by waylander62 on Wed Apr 10, 2019 7:59 pm

@annap wrote:
@waylander62 wrote:i dont think you should just leave this hanging like it currently is,

the best bet would be to make an application to the court for them to produce by a certain date for abuse of process but it will cost to make an application

aside from that if you have had no official confirmation from the court then you MUST still submit a defence.
Hi I have just received the court confirmation that the claim is discontinued. Dated 5th April:-) They have also sent back an acknowledgement form. So I guess at least for now no need for submitting defence.
Regarding application I will PM you.
Thank you.

yes please pm me need to make sure that this is definitely all over

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Post by waylander62 on Wed Apr 10, 2019 8:58 pm

well if what you have posted in the PM is true then well done

the claim is over they have discontinued Wink

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Post by annap on Wed Apr 10, 2019 9:11 pm

@waylander62 wrote:well if what you have posted in the PM is true then well done

the claim is over they have discontinued Wink

I wouldn't do much without your help, so... cheers cheers many thanks for your time and support

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Post by mitch on Sat Apr 13, 2019 6:12 pm

annap, did you get written confirmation from Cabot stating they'd discontinued their claim against you?
cheers

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Post by assassin on Sun Apr 14, 2019 1:11 am

As Mitch says, get it in writing and it is irrefutible.
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Post by waylander62 on Sun Apr 14, 2019 8:42 am

got written confirmation from the court

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Post by annap on Sun Apr 14, 2019 9:34 am

As waylander said I got letter from Mortimer that they requested the court to stop the claim and it was followed by written confirmation from the court that the claim was discontinued.

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Post by mitch on Mon Apr 15, 2019 6:31 pm

Did they also agree to remove their entry from your credit file?

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Post by assassin on Mon Apr 15, 2019 7:28 pm

It is essential to get a letter from the DC stating they have have stopped the claim, and then a letter from the court stating the claim was stopped, but why?

By having this documentation you have proof of an invalid claim, they may sell it on again and this is a lesson for everyone to learn. Many debt purchasers buy claimed debts in blocks and many specialise in debts which are close to, or are statute barred and chance their arm on collecting them by hoping threats may convince a small number to pay them.

These are the epitome of bottom feeders and will try to put them through the courts, if they do you go through the case and to court and wave these documents to the judge and ask "if they couldn't provide proof of claim then, why can these scum sucking pondlife do so now" and watch their faces when they know this claim was previously stopped.
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Post by waylander62 on Mon Apr 15, 2019 8:41 pm

yes we have a letter from the claimants solicitor stating they have contacted the court to stop the claim

yes we have written confirmation from the court that the claim has been discontinued

however no defence was submitted so when they finally get the documents they may well try again to bring a claim ?

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Post by assassin on Tue Apr 16, 2019 2:08 am

@waylander62 wrote:yes we have a letter from the claimants solicitor stating they have contacted the court to stop the claim

yes we have written confirmation from the court that the claim has been discontinued

however no defence was submitted so when they finally get the documents they may well try again to bring a claim ?

It was general information Waylander.
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