Some current guidance

[Curlyben]

Re: Some current guidance

Sorry TC, but I'm not active with DCA's any longer.
This is a special deal for a friend.
Wouldn't mind giving Cabot a bloody nose mind

Over the years I've ploughed a massive amount of time and effort and been stabbed in the back on too many occasions.
Stories the same for quite a few others here as well, which is a crying shame..

[The Tech Clerk]

Re: Some current guidance

Hmmmm it's risky mate. See this as a classic example of judges ignoring guidelines and cca --> http://forums.all-about-debt.co.uk/s...l=1#post427744

If you need access just say & it's authorised.


Technical Points don't really count when the judge is biased / allows easy remedy of claimant error/failure

can vouch for curly =- will be an asset

[Curlyben]

Re: Some current guidance

Mortimer Clarke solicitors

[mystery1]

Re: Some current guidance

Signed by Mortimer Clark, as in the usual typed crud
The ONLY thing that has been received is a copy of the stock Goodbye/Hello letters and we know what they are worth.
Nowt else at all...

The usual case of letters ignored until the court action arrived, then I got involved.
I'm happy for it to get stayed, would prefer discontinuance or strike out.
Either are still a possibility I guess..

Mortimer Clarke or Mortimer Clarke solicitors ?

M1

[Never-In-Doubt]

Re: Some current guidance

I've messaged him mate. Catch you in a bit - bed beckons

[Curlyben]

Re: Some current guidance

No rush buddy

[Never-In-Doubt]

Re: Some current guidance

I'll ask Andrew mate, see what he says? He'll be around Tuesday or email him direct - atw@all-about-debt.co.uk

Just say I sent you

[Curlyben]

Re: Some current guidance

Signed by Mortimer Clark, as in the usual typed crud
The ONLY thing that has been received is a copy of the stock Goodbye/Hello letters and we know what they are worth.
Nowt else at all...

The usual case of letters ignored until the court action arrived, then I got involved.
I'm happy for it to get stayed, would prefer discontinuance or strike out.
Either are still a possibility I guess..

[Never-In-Doubt]

Re: Some current guidance

Oh good god that is awful - is it signed by an individual or the law firm?

Did s.78 ever occur / in compliance with the Act? Is the DN compliant with relevant wording and oft leaflet (s.87/88). Is Assignment in accordance with the Act - Lots to look at really but still, is it worth fighting proactively or trying to let it get stayed indefinitely?

[Curlyben]

Re: Some current guidance

One POC for your delight and delectation.

By an agreement between OC & the Defendant on or around xx/xx/2006 ("the Agreement") OC agreed to loan the Defendant monies under the terms & conditions set out therein.
In breach of the Agreement the Defendant did not pay the instalments as they fell due & the Agreement was terminated.
The Agreement was assigned to the Claimant on xx/xx/xx2013.
THE CLAIMANT THEREFORE CLAIMS £2k

I haven't seen such abad POC since I was deep in the mire myself

Ps thanks for the access

[Never-In-Doubt]

Re: Some current guidance

A POC that show zero cause of action is hardly a technical point, have things really changed THAT much ??
The TP's aren't just technical in nature and not simply a case of easy remedy..
Why go for subtle, when a LARGE hammer works much better...

Ps Access would be grand, ta munchly..

Fair point, obviously without seeing the POC it's hard to confirm what I would do if it were me however I'm just pointing out that judges do ignore elements of the Act and dismiss valid arguments. I guess they reckon defendants won't appeal? Who knows - the mind boggles.

Read that link then you'll see what I mean - s.62 was dismissed entirely - although valid......

[Never-In-Doubt]

Re: Some current guidance

Ps Access would be grand, ta munchly..

done. Hit refresh and try again

[Curlyben]

Re: Some current guidance

A POC that show zero cause of action is hardly a technical point, have things really changed THAT much ??
The TP's aren't just technical in nature and not simply a case of easy remedy..
Why go for subtle, when a LARGE hammer works much better...

Ps Access would be grand, ta munchly..

[Never-In-Doubt]

Re: Some current guidance

Hmmmm it's risky mate. See this as a classic example of judges ignoring guidelines and cca --> http://forums.all-about-debt.co.uk/s...l=1#post427744

If you need access just say & it's authorised.

Technical Points don't really count when the judge is biased / allows easy remedy of claimant error/failure

[Curlyben]

Re: Some current guidance

It hasn't officially been stayed as yet, but I fully expect it to be.
Cabot have till the end of the month to decide what they want to do with the case.
Was just hoping for closure rather than leaving things dangling...
I have more than enough TP's to destroy this in court should the need arise