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Some current guidance

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  • Curlyben
    replied
    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..

    Leave a comment:


  • The Tech Clerk
    replied
    Re: Some current guidance

    Originally posted by Never-In-Doubt View Post
    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

    Leave a comment:


  • Curlyben
    replied
    Re: Some current guidance

    Mortimer Clarke solicitors

    Leave a comment:


  • mystery1
    replied
    Re: Some current guidance

    Originally posted by Curlyben View Post
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Some current guidance

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

    Leave a comment:


  • Curlyben
    replied
    Re: Some current guidance

    No rush buddy

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Curlyben
    replied
    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..

    Leave a comment:


  • Never-In-Doubt
    replied
    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?

    Leave a comment:


  • Curlyben
    replied
    Re: Some current guidance

    One POC for your delight and delectation.

    Originally posted by Some Carp
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Some current guidance

    Originally posted by Curlyben View Post
    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......

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Some current guidance

    Originally posted by Curlyben View Post
    Ps Access would be grand, ta munchly..
    done. Hit refresh and try again

    Leave a comment:


  • Curlyben
    replied
    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..

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Curlyben
    replied
    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

    Leave a comment:

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