cabot vs me...again!

[Amethyst]

Re: cabot vs me...again!

Ah yes,

maybe send a copy of that to Restons and tell them to check with their client.

[Kati]

Re: cabot vs me...again!

If it actually got to court ... they'd have to provide proof of the alleged payment 14 days beforehand along with anything else they intend to rely on (if I'm not mistaken?). They've not shown anything (IMO) that proves you made a payment, and are asking you to withdraw your defence ... I'd file it in the bin and let them carry on :nod: although [MENTION=55034]nemesis45[/MENTION] and [MENTION=37786]FlamingParrot[/MENTION] are better at advising on these claims than me xx

[Amethyst]

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!

They know that they just like to play dumb.

Bummer about the June payment, however they do still need to evidence it. So I would ask them to give you details of the date, method of payment, amount etc etc in your response to them ( as no payment appears in your records etc)

[muk74r]

Re: cabot vs me...again!

maybe send a copy of that to Restons and tell them to check with their client.

Yeah I guess I just might, do I need to draft a letter in a particular form or just a general ....look here bozo --->>

thanks

[Amethyst]

Re: cabot vs me...again!

I do think it's a good idea to reply to letters at this stage, particularly where they are responding to your defence points - just goes better for you later if you have been reasonable and communicative.

Keep it formal and only refer to issues you are specifically responding to.

1) Yes I sent a CCA request direct to your clients, as they are the alleged creditor by assignemnt, look here bozo -- > I'm suprised you have not communicated with them before responding to my filed defence... etc
2) You contend that the claim is not statute barred, please provide evidence of the alleged payment in June 2010 as I do not have any record of such a payment. Please confirm the method of payment, location the payment was made in, the date, time and amount of payment.

[muk74r]

Re: cabot vs me...again!

Great thank you, I will print off this reply from Cabot and forward this to the young trainee who so very kindly wrote to me! I will post this Monday and let you guys know if anything develops

[Amethyst]

Re: cabot vs me...again!

Just remember when writing a letter, that any letters may be presented before the judge ( by you most likely) so they want to be polite, reasonable and assist your case

[FlamingParrot]

Re: cabot vs me...again!

Been out all afternoon but reading back I agree that it's a good idea to respond because an invitation to withdraw your defence is often a prelude to an application for summary judgment just like we suggest writing to the solicitors asking them to discontinue the claim before making a strike out application or to the judgment creditor asking them to consent to set aside a judgment before submitting the N244. If they don't receive a response, the next communication could well be a notice of an application for summary judgment. :mmph:

It may be an idea to send a SAR to the original creditor to get copies of all statements (unless you've already done so). The burden of proof is on them to show that a payment was actually made in 2010 and there was a case not long ago where one of them phantom payments was dismissed by the judge in court, :whoo: however, it would still be useful to have statements showing no payments being made. They have 40 days to respond but if this went all the way to court, the hearing wouldn't be scheduled till the New Year so you should be able to get a response before that.

I notice the date the card was taken out was April 29 2007, just three weeks after the 6th of April when s.127(3) was repealed. However, s.78 is still alive and well. :grin:

[FlamingParrot]

Re: cabot vs me...again!

The burden of proof is on them to show that a payment was actually made in 2010 and there was a case not long ago where one of them phantom payments was dismissed by the judge in court, :whoo: however, it would still be useful to have statements showing no payments being made. They have 40 days to respond but if this went all the way to court, the hearing wouldn't be scheduled till the New Year so you should be able to get a response before that.

This was the case in question:

I just had my hearing where Lowells were represented, nevertheless the judge was not satisfied they had discharged their onus of proof that this matter was not statute barred.
The document they called a statement of account was not accepted as an accurate record, neither was it proved any alleged payment had been made therefore the claim was dismissed.
Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 and @Kati I couldn't have done this without your help.

:grin: :grin: :grin:

[muk74r]

Re: cabot vs me...again!

I realised I made a slight balls up on my defence, I dated the CCA and CPR requests as 14th Sept when infact it was 7th September

the reason behind the confusion on the dates was because I had to send a 'signed' CPR request to Restons and stupidly put that date(14th) for the requests on my defence!
[MENTION=37786]FlamingParrot[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

Re: cabot vs me...again!

I realised I made a slight balls up on my defence, I dated the CCA and CPR requests as 14th Sept when infact it was 7th September

the reason behind the confusion on the dates was because I had to send a 'signed' CPR request to Restons and stupidly put that date(14th) for the requests on my defence!
@FlamingParrot @Kati @nemesis45 @Amethyst

.
I don't think this will cause a problem it's a simple " clerical" error which can
be corrected.
Any no doubt Restons have/will inform you the CPR31.14 is not applicable to
claims on the small claims track.

nem

[FlamingParrot]

Re: cabot vs me...again!

I realised I made a slight balls up on my defence, I dated the CCA and CPR requests as 14th Sept when infact it was 7th September

the reason behind the confusion on the dates was because I had to send a 'signed' CPR request to Restons and stupidly put that date(14th) for the requests on my defence!
@FlamingParrot @Kati @nemesis45 @Amethyst

No worries, that shouldn't make that much difference in the bigger scheme of things, especially if they didn't comply which is what really matters. :thumb:

[muk74r]

Re: cabot vs me...again!

No worries, that shouldn't make that much difference in the bigger scheme of things, especially if they didn't comply which is what really matters. :thumb:

Your right they didn't comply and continue to buy time for no reason that to gain judgement against me. Ah well, I guess it'll come in time!

I send them a letter stating that I had sent out a CCA to crackpot and received a reply and they should've seemed info from their client prior to sending me a stupid reply!