cabot vs me...again!

[nemesis45]

Re: cabot vs me...again!

ok sorry guys but upon calling CCBC today I find out that today is my time limit, they said I had 28 days TOTAL from date of ISSUE which was 1 September! bit strange because I believed it was from the date of acknowledgement! Never mind, so I have drafted quickly the defence, please take a look at attachments!

Thanks all @Kati @FlamingParott @nemesis45

- - - Updated - - -

i'll sign and email them to them no later than 4pm as requested

Well don MUK looks good and ready to go.!

nem

[muk74r]

Re: cabot vs me...again!

Thank you Nem, appreciate your help once again! And to everyone else for their help so far, let's hope it goes no further with this one ha!

[FlamingParrot]

Re: cabot vs me...again!

ok sorry guys but upon calling CCBC today I find out that today is my time limit, they said I had 28 days TOTAL from date of ISSUE which was 1 September! bit strange because I believed it was from the date of acknowledgement! Never mind, so I have drafted quickly the defence, please take a look at attachments!

To clarify, it's 28 days from date of issue as printed on claim BUT 5 extra days are added for service, giving you a total of 33 days: https://www.justice.gov.uk/courts/no...sked-questions

How long do I have to file a response to my claim?

Counting from the date of issue -

• Acknowledgement of Service:
• 14 Days + 5 Days (service) = 19 Days. (An Acknowledgement of Service gives 14 days extra from the date of service to file a defence).
• Defence, without filing an Acknowledgement of Service:
• 14 days + 5 Days (service) = 19 Days.
• Defence, after filing Acknowledgement of Service:
  
• 14 + 14 + 5 = 33 Days in total.

[muk74r]

Re: cabot vs me...again!

Thanks [MENTION=37786]FlamingParrot[/MENTION] the lady over the phone said my deadline was today and asked me to email by 4pm today so I did, saying that my 28days were over and I could end up with a default judgement! I didn't fancy arguing tbh and I haven't recieved any other form of paperwork from either Cabot or Reston's so it's gone in now

[FlamingParrot]

Re: cabot vs me...again!

Thanks @FlamingParrot the lady over the phone said my deadline was today and asked me to email by 4pm today so I did, saying that my 28days were over and I could end up with a default judgement! I didn't fancy arguing tbh and I haven't recieved any other form of paperwork from either Cabot or Reston's so it's gone in now

Absolutely no harm in filing a little early, neither Cabot nor Restons are going to supply the paperwork in the next 5 days. :flypig: :flypig: :flypig:

The lady you spoke to probably wanted to be on the safe side, if she'd given you the wrong info and that resulted in default judgment against you she could be in very hot water. :eek2:

[muk74r]

Re: cabot vs me...again!

Thanks [MENTION=37786]FlamingParrot[/MENTION]
I didn't think I'd hear anything from them in the next 5 days either, no harm done I guess. I shall now await the outcome of this now I guess!

[FlamingParrot]

Re: cabot vs me...again!

Thanks @FlamingParrot
I didn't think I'd hear anything from them in the next 5 days either, no harm done I guess. I shall now await the outcome of this now I guess!

They have 28 days from receipt of your defence to respond and say whether they intend to proceed, otherwise the claim will be stayed but you won't be informed. If they decide to go ahead you'll hear from the court. :ranger:

[MIKE770]

Re: cabot vs me...again!

If after 28 days it gets stayed then that is another dirty tricks played against you as you would not know what is happening, they would need to contact the court in the future and pay the court fee (only then they pay if I remember correctly), so you see how dirty/disgusting debt collection methods are used, we call ourselves Human not even a Beagle would get treated like that!!!!!!!!!!!!!??????????????/

[FlamingParrot]

Re: cabot vs me...again!

If after 28 days it gets stayed then that is another dirty tricks played against you as you would not know what is happening, they would need to contact the court in the future and pay the court fee (only then they pay if I remember correctly),

Yes, they'll need to make an application to lift the stay and the party that makes the application pays. :grin:

so you see how dirty/disgusting debt collection methods are used,

...especially in cases like Foxyflugel's, where they applied to lift the stay and strike out the defence and requested summary judgment, all without a hearing.

we call ourselves Human not even a Beagle would get treated like that!!!!!!!!!!!!!??????????????/

Certainly not us Beagles! :beagle:

[muk74r]

Re: cabot vs me...again!

Hi [MENTION=37786]FlamingParrot[/MENTION]

After not hearing anything for almost 2 week since filing my defence (30th) I have finally received a letter from Restons!
How very nice of them to finally get in touch, well it wasn't all that great to hear from them, they have confirmed what I believed to be inaccurate but maybe it is right, My last payment towards the credit card was June 2010, I know on previous posts I was adamant I couldn't have made any payment but it seems they actually might be right. Still have no proof of it in way of statement etc of actual proof in writing, ill post up the letter in a moment to see for yourselves.

[Kati]

Re: cabot vs me...again!

Without the actual proof, I'd be tempted to still tell them I'd be seeing them in court :nod:

[muk74r]

Re: cabot vs me...again!

[MENTION=37786]FlamingParrot[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=55034]nemesis45[/MENTION]

Please feel free to check over documents and re-edit if necessary
thanks

[muk74r]

Re: cabot vs me...again!

hi [MENTION=49370]Kati[/MENTION]

thanks for your reply! I was thinking about the same thing too, maybe its a tactic to try lure me into making an offer.....if you read the letter it states that ' the information provided to us by our client is that the last payment made towards the account was on the 08 June 2010.' If so, then why don't I have this information that they clearly have and have withheld from me!

For that alone I might just be a cock and tell them I'll see them in court!

[Amethyst]

Re: cabot vs me...again!

Presumably the s.78 request was made directly to their client ?

[muk74r]

Re: cabot vs me...again!

yes of course [MENTION=6]Amethyst[/MENTION], one would think that a s.78 request should be made to their client and not them!