Weightmans /Cabot /CCJ and letter before court

[jas73]

I received this letter of Weightmans solicitors last week as you can see from the dates this has been going on a long time, my question is how do i reply to this letter? I am not going to agree to any payment as i far i was concerned this was paid as they stopped taking the DD from my account in May 2009 not late may as states in the letter and the bank cannot help as their records show nothing over 6 years. By the way court order was acquired in June 2015!! with no contact regarding this account since i set up payment plan in Dec 2006!!
Just need advice as to help with my defence.
kind regards

[nemesis45]

Re: Weightmans /Cabot /CCJ and letter before court

I received this letter of Weightmans solicitors last week as you can see from the dates this has been going on a long time, my question is how do i reply to this letter? I am not going to agree to any payment as i far i was concerned this was paid as they stopped taking the DD from my account in May 2009 not late may as states in the letter and the bank cannot help as their records show nothing over 6 years. By the way court order was acquired in June 2015!! with no contact regarding this account since i set up payment plan in Dec 2006!!
Just need advice as to help with my defence.
kind regards

Good afternoon. welcome to LB,

With out knowing the full story advice may be somewhat limited.

Questions.

1. Who stopped taking direct debit payments in 2009?

2. Did you find out why the DDS were stopped?

3. Did you receive the court claim pack and respond to it?

4.Or was the judgement awarded by default?


5. You had a payment plan I am unsure who with and for how long?

6. What are the grounds for you application to set judgement aside?

7. Did you have a defence that has/had a reasonable prospect of success to the original claim.

nem

[jas73]

Re: Weightmans /Cabot /CCJ and letter before court

Hi nem,
Thank you for your reply

1. I am absolutely certain i never cancelled the DD i ahd three going out at the same time to Cabot and one is still ongoing.
2. I only realised the DD had stop when i got a court summons..have now all statements for all payments made.
3/4. yes i received the court claim responded with appeal realised i could not afford the £155 at the time ..STUPID here buried head in the sand and have a CCJ by default kept head in sand and it was sent to local court for a detachment of earnings.When i phoned the local court and explained my case they said i could still apply set aside with the payment .
5. The payment plan was set up in Dec 2006 for first DD to go out on the 1ST of every month this was with Cabot and still have original letter of DD mandate, these payments ceased on 30 May 2009.
6. My defence probably a poor one at that is who cancelled the DD because i am unable to prove it via my bank...Looks like i am unable to use the FCA clause..the DD leaving my account dont add up right as to their (Cabot) reference on my statements the number after each DD started xxxxxxxxxx-2/1 and when up in nurmeric order with each month ie 1 was replaced with 2 ect after the 21 months the figure jumped to 300 and something! hope i am making sense?
6. i am not quite understanding question 7?

I have talked to the National debt line earlier today and my advise was to seek legal advise and he thinks the letter is because they dont have any reason that they will win and still advised to use the limitations act.