G2M
-
Posts
58 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by G2M
-
Thank you.
-
Sorry, I meant if I say it's SB, do I or them have to show when payments were last made? I believe it is but have no way of proving it,can input the burden of proof on them to provide evidence that I made a payment within the last 6 years?
-
Could be, though I don't think they added any interest, I'll double check. At least the CCJ will be removed and I can attempt to come up with a defence, then the ball is in their court. I think all I can do is base it around the agreement and proof of payments to show it's not SB...
-
Sure, the Distrct Judge didn't seem to put much on my evidence that they had my current address, he seemed more interested in why they had not taken 'reasonable' steps to ascertain my new address given that they waited nearly 6 Years before they applied for judgement. He seemed unimpressed at the time that had gone by.
-
Sure, the Distrct Judge didn't seem to put much on my evidence that they had my current address, he seemed more interested in why they had not taken 'reasonable' steps to ascertain my new address given that they waited nearly 6 Years before they applied for judgement. He seemed unimpressed at the time that had gone by.
-
Yes, they sent counsel..no order for costs made
-
Went to court today and got the judgement set aside! I now have 14 days to submit a defence; 1. The agreement is post 2007 but from what I have read here and elsewhere that does allow Caboot to show they have an agreement, is this correct? 2. I am unsure if it is statute barred as it is very close , can I say I believe that it is and put them to strict proof of when the last payment was made? Anything other thoughts welcome as to what I can put in my defence.. I'm assuming a CCA request is pointless as I already have the SAR data from them? Thanks
-
Lol, one way of looking at it I guess, they've said they'll attend and want 460 costs too...
-
Thanks Andy, Maybe I'll email them and withdraw. Appreciate your help.
-
Edited WS.. I, xxxxxx make this Witness Statement in preparation and to assist the court for the above hearing. 1. All statements made by me below are true to the best of my knowledge. 2. In August 2016 upon checking my credit report I noticed a CCJ had been registered against me. 3. I immediately sent an N244 form to the courts applying to set aside the judgment as I had no knowledge of the alleged debt and had not received any paperwork relating to it. 4. I received correspondence regarding my application from the claimant’s solicitor on 21 September 2016 in which it states that their records show that a letter before action was sent to me on 25/01/2016 in compliance with PD-Pre-Action conduct and Protocols. It states that this letter was sent to my last known address of xxxxxx. 5. I attach exhibits “DOC1” and “DOC2”, these clearly show that the claimants did have my current address as they sent me a letter in August 2014 (DOC2), this was in response to a letter I had sent them in which I gave them my new address. My new address is also shown to be held by them as it is within the CD I received with all the data they hold on me for the Subject Access Request I made to them. 6. This clearly does not comply with CPR 6.9 and therefore must be considered an irregular judgment; I respectfully ask the court to set aside the judgment made on 18/07/2016 as I believe I have clearly satisfied the requirements of CPR13.3. 7. I attach my costs schedule showing my costs for todays hearing which; given the circumstances above I respectfully request the court orders the claimant to pay as I believe my claim to costs satisfies CPR 44.2, 5(a) as the claimant has clearly not complied with CPR 6.9. CPR 44.2 5(a)- conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol; Costs in the application N244 Application Fee-£255 Time spent on research and Witness Statement-4 hours @£19ph (LIP rate) Lost wages for a day @ £209 per day Copies and printing @ 10p per sheet-£1.70 Travel and Parking-£10
-
Is the following ok as my WS? I need to work on a defence too to go with it I assume and also a costs schedule for my application to set aside? Do I have a valid defence if they don't need to have an agreement? POC on original claim is; The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Oct 08 2008 and assigned to the Claimant on Sep 28 2015 PARTICULARS a/c no 5xxxxxxx DATE ITEM VALUE 22/01/2016 Default Balance 1039.77 Post Refrl Cr NIL TOTAL 1039.77 My WS? I, xxxxxxx make this Witness Statement in preparation and to assist the court for the above hearing. 1. All statements made by me below are true to the best of my knowledge. 2. In August 2016 upon checking my credit report I noticed a CJ had been registered against me. 3. I immediately sent an N244 form to the courts applying to set aside the judgment as I had no knowledge of the alleged debt and had not received any paperwork relating to it. 4. I received correspondence regarding my application from the claimant’s solicitor on 21 September 2016 in which it states that their records show that a letter before action was sent to me on 25/01/2016 in compliance with PD-Pre-Action conduct and Protocols. It states that this letter was sent to my last known address of xxxxxx 5. I attach exhibits “DOC1” and “DOC2”, these clearly show that the claimants did have my current address as they sent me a letter in August 2014 (DOC2), this was I response to a letter I had sent them in which I gave them my new address. My new address is also shown to be held by them as it is within the CD I received with all the data they hold on me for the Subject Access Request I made to them. 6. This clearly does not comply with CPR 6.9 and therefore must be considered an irregular judgment, I respectfully ask the court to set aside the judgment made on 18/07/2016. 7. I attach my costs schedule showing my costs for todays hearing which, given the circumstances above I respectfully request the court orders the claimant to pay. Thanks for your help.
-
Technically yes, but I only received the SAR information on Saturday and their WS on the 15th, on Sunday I developed a stomach ulcer and have been laid up ever since, so today is the first day I'm able to do anything with it. One more question for my WS, the agreement was taken out after 2007 so am I right in assuming they do not need to produce the credit agreement on which they rely? Many thanks
-
Hi All, I'm about to start preparing my witness statement for my set aside hearing on Friday, I have Restons WS and costs schedule. Should I use my WS to refute what they say in theirs or lay mine out with the facts as I see them? Thanks
-
I have done some more digging around, if I can prove that Cabot knew and had my new address but still sent the claim to my old address would I have a case to get the original claim thrown out, forcing them to issue a new claim from a later date?
-
Thanks again, it is not SB, I made the last payment around July2010, the claim was issued in Feb 2010, there is however no statements/evidence in the SAR that shows any payments made to them, even though they claim in their WS that I made the last payment in Sept 2010, if they know this surely it should be in the SAR? Am I right in thinking that I should now put together a Witness Statement/Defence in response to theirs and the basis of it is the lack of a credit agreement? Thanks
-
Many thanks for your quick replies, I didn't mention the lack of credit agreement in my application as I didn't know at the time if they had it or not, I will read the court guide. I have also received their witness statement, there are a couple of anomalies, eg, they state the last payment was made in Sept 2010 and in the SAR they give a default date of July 2010. Will read up and come back, thanks again.
-
Hi All, I'd really appreciate some advise please, I'm in court next week for a set aside hearing. It's in relation to a Cap 1 cc claim for just over 1k, the court papers were sent to my old address so I never received them, I'm certain I gave my new address to all concerned back in 2007/8 but cannot prove it. I don't think it's statute barred but I can't find when I last made a payment. I sent a SAR to Cabot and have received it back on a CD, there is no default notice or credit agreement on the CD, I've read that they are not obliged to send these with a SAR in their response to my request they state "We may not hold information such as your credit agreement or statements on file. In order to obtain this information, we recommend you contact the original lender. However, in the event that the original lenders have supplied us with this information, the documents will be included with your SAR. I guess my question is can I use this in my application to set aside the judgement and CCJ, as just relying on the fact the papers were sent to my old address may not help me get a set aside? Many thanks
-
Reston/Cabot Claim form -, citi/opus card 'debt'
G2M replied to G2M's topic in Financial Legal Issues
Hi cats, I meant to update the thread, I received a letter from Cabot saying they cannot get the agreement from the original lender so will no longer pursue the 'debt', but they will continue to report to the credit reference agencies etc etc.. I'm no expert but from what I have learnt on here, if they cannot provide a valid agreement that conforms then they cannot enforce it, hopefully someone will confirm this for you. I'd say it's just a case of waiting for any further letters from the court to see if they are going to proceed. If it's stayed then I think they need the courts permission to proceed, but again I'm not 100% on this. G2M -
PLEASE help with defence for Restons from cabot / citi card/opus
G2M replied to catsfella's topic in Financial Legal Issues
That looks like the typical response from these guys, to me it basically says that they do not have to attach them to the claim, not that they do not have to provide them after a CPR request. Your case is pretty much identical to mine and to me your defence looks fine, hopefully someone who is more knowledgable than me will come along but if not than I'd submit that defence, you MUST do it today regardless. -
Reston/Cabot Claim form -, citi/opus card 'debt'
G2M replied to G2M's topic in Financial Legal Issues
Hopefully the defence is fine as I"m submitting later today. Thanks -
Reston/Cabot Claim form -, citi/opus card 'debt'
G2M replied to G2M's topic in Financial Legal Issues
Hi, I have prepared this as my defence, does it look OK? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and Opus Credit Card dated on or about 17/05/2004 2. And assigned to the claimant on 28/04/2011 in the sum of 4718. Defence 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. 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; 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. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 5. On the 8th August 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. 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. I need to file by tomorrow ideally. Thanks -
Reston/Cabot Claim form -, citi/opus card 'debt'
G2M replied to G2M's topic in Financial Legal Issues
I've received a reply from Cabot RE my CCA request, their response states that they do not have this information on file and will request it from the original lender, which could take up to 40 days. They still state the original lender is Opus, but I've never had an Opus card, I think it most likely Citi. I have to submit my defence within the next couple of days, I anticipate that it'll have to be a holding defence? I've looked at a few on here so will post it on here, assuming I'm correct in that a holding defence will suffice? Thanks -
Reston/Cabot Claim form -, citi/opus card 'debt'
G2M replied to G2M's topic in Financial Legal Issues
Thanks Rouge, I will acknowledge today and will send another CCA to Cabot and a CPR31.14 to Restons. I read that thread thanks, will look for CPR31.14 templates and change to suit. Thanks for your reply. -
Hi all, after some guidance if possible please, I have received a claim form from Reston's for an alleged debt to Cabot/Opus, I have never had a Cabot CC, but I suspect it may have originally been a Citi card, I can't be 100% as the account number is completely different from any accounts I've ever had. I did send a CCA request to Citi back in 2010, which remains outstanding. It is not statue barred. I've taken these questions from another thread, any help would be greatly appreciated, as yet I have not acknowledged the Claim. Name of the Claimant ? -----Restons Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. ------22 July 2014 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. -- --The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and Opus Credit Card dated on or about 17/05/2004 and assigned to the claimant on 28/04/2011 in the sum of 4718. What is the value of the claim? ----4718 Is the claim for a current or credit/loan account or mobile phone account? ----CC When did you enter into the original agreement before or after 2007?----Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ----Assigned to Cabot Financial Were you aware the account had been assigned – did you receive a Notice of Assignment? ---I cannot remember if I did Did you receive a Default Notice from the original creditor? ----Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ----Can't be sure Was there a dispute with the original creditor that remains unresolved? ----Only the CCA request made in 2010 Advice appreciated, many thanks.
-
Arrow Claimforn - EGG debt **Claim Discontinued**
G2M replied to G2M's topic in Financial Legal Issues
Many thanks Andy, I have today received a Notice of Discontinuance from them, debt has not been written off and they will continue to record the default on my credit report etc etc. Shame it is in the small claims as I'd be tempted to apply for costs, given what's gone on before with them not having the documents etc. Thanks Again.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS