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Originally posted by gazzer View Postbasically this has caused significant loss to myself with a mortgage and as I am also a director of several companies the bank have failed a directors check on this also for a commercial loan
i have even offered them a confidential settlement agreement via my solicitors to remove this debt by paying them 50% of it just to get rid of it they said no
I must advise also - I lost my patience with there people and in May I issued proceedings against Cabot financial Europe ltd for damages and the financial loss I have suffered because of this, the matter is now listed to go to hearing in November
Cabot are defending it in the basis they now deny they are the creditor its one of their other companies and I can’'t prove the losses I claim
court hearing is listed and agreed for November and Mortimer clarke are defending Cabot
Are you acting as a Litigant in Person in these proceedings or do you have solicitors instructed?
Who was the original creditor of this loan (or credit card) according to Cabot?
If they are defending your claim on the basis they are not the debt owner (assignee), are they stating who is the current debt owner within the Cabot Group?
For a claim to be successful it needs to be issued against, and served on, the correct legal entity.
Di
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Originally posted by gazzer View Posta solicitor drew up the settlement contracts, but I am acting in the case as a litigant in person, i've tried everything to get all of their paperwork 8 SAR requests and freedom of information requests
i've received bits and pieces of paperwork, but the majority of it is their internal paperwork or typed up in word, anything like default notices and cca's their short on, but say they must exist somewhere, to clarify I was patient to start with they have has nearly a year now to hand over these document before i took any legal action
there main argument now is the thousands of pounds they say a court will make me pay them if I don't drop my claim, I have reminded them several times its small claims, but I have to deal with a call centre at Mortimer Clarke who keep telling me their the claimants, they have even supplied there paperwork to the court as the claimant, and now advise they will apologise to the court at the hearing as their actually the defendants. even tho they supplied their witness statement on behalf of the claimantI have also asked why they wont make a counterclaim for the alledged debt and they just say, you should pay it but we cant really enforce it due to some problems.."
So if they have admitted its UE. Why are you proceeding with this Claim??
You really do risk being ambushed in Court because it is for YOU the Claimant to Prove.
But to prove what and to achieve what?
I would seriously contact #DI before proceeding here.
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Originally posted by Roger View Post
Why are you proceeding with this Claim??
You really do risk being ambushed in Court because it is for YOU the Claimant to Prove.
But to prove what and to achieve what?
I would seriously contact #DI before proceeding here.
gazzer is welcome to contact me by email for an informal overview of the situation, and for privacy reasons. Some debt purchasers and their solicitors read internet forums.
Use di@joannaconnollysolicitors.co.uk
Di
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Originally posted by gazzer View Postthere main argument now is the thousands of pounds they say a court will make me pay them if I don't drop my claim, I have reminded them several times its small claims
Costs can be awarded in the Small Claims Court if the DJ believes there are or have been conduct issues.
Di
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