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Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

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  • #61
    Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

    I had a phone call from them a couple of months ago. I told them in no uncertain terms to naff off and that I wasn't interested in any settlement until such time as they could prove anything. I'm waiting until December (my court papers appeared on Xmas Eve last year) to tell them that they've had long enough to prove I owe anything and that I am going to take legal advice for harassment (or something along those lines) because they went to court without any proof. Dunno whether I'll get anywhere but they sure as hell won't!
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    • #62
      Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

      Ms Armstrong " Paralegal " really needs to check the records before sending
      out crap like that.

      Send a long the lines of:

      Reston's Ref:....................................

      Dear Ms Armstrong,

      I refer to your letter regarding the alleged debt for £xxx . xx which I presume you have now been instructed once again by your " client " Crapbot to pursue in the hope of persuading me to make payment to you client for an alleged debt for which Cabot has no proof of any liability on my part.

      I would suggest reverting your client and or Restons own record where you will find that Cabot are in breach of a CCA request made on date.............. therefore Cabot is unable to enforce the alleged debt via the court system.

      Should your client decide to press for payment or issue a " new" claim the same lawful requests under CCA 1974 and CPR 31.14 will be made once more.

      Use signed for post.
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      • #63
        Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

        Many thanks Nemesis45 & Nuff55 for the speedy and knowledgeable responses - much appreciated - have a good day
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        • #64
          Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

          was this claim struck out or is is just stayed?
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          • #65
            Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

            Originally posted by pauulss View Post
            Many thanks Nemesis45 & Nuff55 for the speedy and knowledgeable responses - much appreciated - have a good day
            That's the reason for calling the court!

            nem

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            • #66
              Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

              I believe the claim is STAYED currently, when i have checked on-line with claim details doesn't show. I will check on Monday to verify the status of the claim
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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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