Craigbadger
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Everything posted by Craigbadger
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Thats pretty much what I was after.
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I have always had a soft spot for fast cars(all be it cheap, older fast cars) but I do think I'm at a time in my life where a sensible estate with a big boot would be a better option.
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How long have they got to still carry on with court?. Ive had a look but can't seem to find an exact time. Surely they can't just leave it indefinitely. Well I can breath easy for now and whats more I didn't get done for speeding time to get a more practical car that won't accidentally pop into 3 figures without me noticing.
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Letter from Cabot. Unable to find agreement, will continue to search but for the moment they can't enforce and have put the account on hold etc until such point they can find it. Thanks again for the advice.
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Right today have received a reduced offer to settle, about £500 less than the amount being claimed. I am still struggling with the search function so its as easy to just post it. My view is that Cabot are in default of the CCA request so therefore nothing has changed. Do I reply to this and tell them I'm still waiting on a CCA and won't be doing anything till then or just ignore them?
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All good then. Im on tenterhooks with the postman at the moment waiting for a speeding ticket which if the cop was filming will of got me on the m40. Its day 9 and I really though this was that as it was a strange reinforced envelope. another week and I can relax Typical as I drive down to London maybe 5 or 10 times a month for work and this was a clear road and a saturday lunchtime, down to see a mate.
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[ATTACH]56467[/ATTACH] Had this off Weightmans. They have just enclosed a copy of the letter sent to me a month ago which just stated when I apparently took out the card and when it was terminated etc. Is this anything to take note of or just them trying to get me to pull out?. As far as I can see, until they produce an enforceable agreement its all guessed.
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Thanks. I guess they still need to produce the agreement whatever
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Thanks for the input Ford but its done already I'm afraid. I did make a couple of slight changes just to tidy up some of the wording and formatting but it went pretty much as per my draft. Im pretty happy with whats there and Dotty a lot of it is borrowed off a couple of defences that he has checked so I'm happy enough that it covers my point.
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Thanks, i'll try and submit it tomorrow afternoon.
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Right I've sort of muddled together a defence, if anyone could share their views and give opinions that would be great. Would rather someone say its ok before subbing incase I've missed or put something in that doesn't belong. It is pinched and borrowed from various other threads on the site, I hope thats ok. Was a little worried about writing one but after reading several it seems everyone is borrowing and pinching anyway to suit their case. Ive tried to keep it simple. Particulars of claim 1. The Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK – CREDIT CARD and having account number ****************(‘the Account’) 2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3. The Defendant is indebted to the Claimant in respect of the account in the sum of ****.** 4. The Claimant claims the said sum of ****.**, plus costs. Defence: 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is accepted I have in the past had agreements with Lloyds Bank. I do not recall the precise details or agreement and have sought verification from the claimant. 3. Paragraph 2 is denied, I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds Bank. 4. Paragraph 3 & 4 are denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment or Statement requested by CPR 31. 14,and remains in default of my section 78 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the ** of February I requested to The Claimants Solicitors, Weightmans by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Weightmans have failed to fulfill my CPR 31:14 request. 7. On the ** of February 2015 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant failed to comply and therefore is in default of this request. 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Thats lucky then
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Yes it was signed for 3 weeks ago this coming tuesday so over the 14 although it took them 14 days to write back I'm going to get my defence together anyway and if something miraculously appears this week i'll deal with that then. Definitely want to allow a couple of days room though incase mcol doesn't want to work and I have to post, can't rely on flaming computers to always functions as you need when you need. Thanks.
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Id forgot about it for 5 years. Just to update, finally had a letter off Cabot acknowledging CCA request and stating they will need 40 days to gather what I've requested. By my maths I have a week to submit my defence, do I leave it till the last moment to give them a chance to provide paperwork?.
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Ok sounds like a plain. They were the cheapest quote but my do they fleece you after if you need to make policy changes etc. Funny enough every change or fee was £25.
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Yeah. I'll just send a cheque for the £26, they can sue me for the £25.
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Right I've had a letter from Swiftcover today. They say that the amount due is £26, great that seems about right. Bottom of the letter after they have told me to contact Regal to pay "Please note that should professional debt recovery services be required, we reserve the right to charge an additional fee of up to £25 to cover any costs incurred" So it is actually Swiftcover adding fees and not the DCA. My plan is post a cheque to Swiftcover for £26, is that the right way to go?
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Thanks Andy, don't believe everything you read then.
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Interestingly been in my lock up and found a letter from a few years ago when Lloyds still owned it. Credit security limited who were acting for them were offering 30% discount. I know I've seen that offering discounts tends to mean they can't enforce it. I know its nothing to get excited about but interesting.
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Yes its making sense now. So stick to deadlines, defend even if they havnt forfilled their cca or cpr. Am I right in thinking it would not be unheard of for solicitors aim to be to sneak a default ccj rather than actually push it?, infact this being the initial aim. Im guessing they win no end of claims by default when people either don't defend or roll over.
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Thought it was something along those lines.
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There you go, probably nothing relevant. Still a strange one.
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Yeah I will. I just want to know the correct amount to pay and i'll send them a cheque. Someone has added a fee along the way. Right, beer.
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Yep thats my general approach to life now after worrying about paying several credit card bills with no gain for 10 years. Worst worst worst case I get a ccj, really not the end of the world given my lack of assets so i'm really not going to worry
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I guess I've got professional accounts and bank statements for that.
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