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  • #1

    Some current guidance

    Yep, the titles correct CB needs some advice.
    Hey not been fully involved in the whole DCA game for ages, so need to get back up to speed.

    Helping a friend with a Cabot debt.
    Passed around a number of DCA's and ended up with Cabot and farmed to Mortimer Clark who actually started action.
    So usual lame POC, fired off the Show me the docs request and filed embarrassed defence.
    Only response from Cabot was asking OC for paperwork, and claim on hold. Well we ll know what that means..

    So now looking for the current state of play with regards asking for a strike out due to insufficient POC and showing no valid cause of action ?
    Do we give them a chance to redraft their POC or just go for a strike out off the bat ?
    Tags: act, action, advice, andrew, breach, cabot, cause of action, cca, claim, claim form, claims, con, costs, court, dca, dca's, debt, email, failure, firm, game, guidelines, law, law firm, letters, loan, mbna, mortimer clarke, oft, on hold, orders, pay, points, risky, rules, set aside, solicitors, special, state, strike out, take that, technical
  • #2
    Re: Some current guidance

    Hi mate, to be honest if it's stayed why not leave it? It's all very well applying for Strike Out but it's added costs (presumably SCC (under £10k)) which means you run the risk of applying, them fighting it and spiralling costs.

    Are they likely to resurrect the claim?
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      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

      Comment

      • #4
        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
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          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..

          Comment

          • #6
            Re: Some current guidance

            Originally posted by Curlyben View Post
            Ps Access would be grand, ta munchly..
            done. Hit refresh and try again
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #7
              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......
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment

              • #8
                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

                Comment

                • #9
                  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?
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment

                  • #10
                    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..

                    Comment

                    • #11
                      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
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #12
                        Re: Some current guidance

                        No rush buddy

                        Comment

                        • #13
                          Re: Some current guidance

                          I've messaged him mate. Catch you in a bit - bed beckons
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment

                          • #14
                            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

                            Comment

                            • #15
                              Re: Some current guidance

                              Mortimer Clarke solicitors

                              Comment

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