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Cabot Debt Unenforceable but taking me to court to throw out my defense.

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  • #61
    Originally posted by echat11 View Post

    I'm not sure it matters.
    "The claim appears to be for a JD Williams Catalogue Account agreement regulated under the Consumer Credit Act 1974. It is denied that I had previously entered into an agreement with JD Williams Re Fashionworld for provision of credit."

    Due to the paperwork iam now admitting that credit was entered should i change this to "it Was denied" ? thanks

    Comment


    • #62
      also does this sound and read ok

      8. On XX/XX/XX I received a Notice of Hearing application from xxxx County Court submitted by Cabot Financial in order to ‘lift the stay’ of the original claim and be granted a Summary Judgement. Prior to the Hearing I received a copy of the Cabot Financial’s Witness Statement and documents from xxxx County Court along with the Notice of Hearing letter.
      This is the first contact since 2021 from Cabot financial (uk) LTD and Mortimer Clark even though the claimants witness statment says an Opportunity to respond was made before the Present claim (MW6).
      I would like to point out the claimants contact was via email which was not recieved and not an agreed method of contact( xx7)
      The Hearing took place on the 15th April 2024 at XXXXXX County Court.

      Last edited by mrmonkey; 12th May 2024, 22:06:PM.

      Comment


      • #63
        Originally posted by mrmonkey View Post

        "The claim appears to be for a JD Williams Catalogue Account agreement regulated under the Consumer Credit Act 1974. It is denied that I had previously entered into an agreement with JD Williams Re Fashionworld for provision of credit."

        Due to the paperwork iam now admitting that credit was entered should i change this to "it Was denied" ? thanks
        I've taken that from your Defence, but yes you can could change it.
        But if you change that, check that's the case though out the Witness Statement.

        Comment


        • #64
          Originally posted by mrmonkey View Post
          also does this sound and read ok

          8. On XX/XX/XX I received a Notice of Hearing application from xxxx County Court submitted by Cabot Financial in order to ‘lift the stay’ of the original claim and be granted a Summary Judgement. Prior to the Hearing I received a copy of the Cabot Financial’s Witness Statement and documents from xxxx County Court along with the Notice of Hearing letter.
          This is the first contact since 2021 from Cabot financial (uk) LTD and Mortimer Clark even though the claimants witness statment says an Opportunity to respond was made before the Present claim (MW6).
          I would like to point out the claimants contact was via email which was not recieved and not an agreed method of contact( xx7)
          The Hearing took place on the 15th April 2024 at XXXXXX County Court.
          Yes that's fine, note in the rest of the Witness Statement it states Cabot Financial not Cabot financial (uk) LTD,

          On XX/XX/XX I received a Notice of Hearing application from XXXXXXX County Court submitted by Cabot Financial in order to 'lift the stay' of the original claim and be granted a Summary Judgement. Prior to the Hearing I received a copy of the Cabot Financial's Witness Statement and documents from XXXXXX County Court along with the Notice of Hearing letter. This is the first contact since 2021 from Cabot Financial and Mortimer Clark even though Cabot Financial's Witness Statement says 'an opportunity to respond was made before the present claim' (MW6). I would like to point out that Cabot Financial's contact was via email, the email was not received and not an agreed method of contact by me (xx7). The Hearing took place on the 15th April 2024 at XXXXXX County Court.

          Comment

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