Josefk diary

[josefk]

Cheers Di, for some reason I didn't get the email alert that there'd been a response hence my delay.

They've given 30 days to reply so there's no rush.

The time is running out on the 30 days, still got 10-12 days, has there been any more thoughts or should I go with the complaint to the DC and another letter spelling out what they have already had to the solicitor?

[josefk]

I’d like to take a look back at the history of this debt/Claim in the next few days before giving you my thoughts. I think I may have been involved in the original claim in some way.

Maybe don’t send anything to anyone yet until the situation is clearer.

More importantly it’s good to know that you are on the mend following your operation. These are the things which really matter in life

Di

Cheers Di, for some reason I didn't get the email alert that there'd been a response hence my delay.

They've given 30 days to reply so there's no rush.

[Joanna Connolly Solicitors]

They themselves didn't discontinue the claim. The previous outfit discontinued but I will send that response to them and complain to Cabot.

They discontinued previously following a defence as it was obvious that they were on a loser. I had previously asked for them to show me evidence that they had received the courts permission and that's when things stopped last time.

I’d like to take a look back at the history of this debt/Claim in the next few days before giving you my thoughts. I think I may have been involved in the original claim in some way.

Maybe don’t send anything to anyone yet until the situation is clearer.

More importantly it’s good to know that you are on the mend following your operation. These are the things which really matter in life

Di

[josefk]

Hi
Just because a claim has been discontinued it doesn't mean it is extinguished so in one sense they are correct in that it is still owing . However if they discontinued after a defence was entered they would need the permission of the court to reissue and that is unlikley.

I would send a carefully worded letter saying they discontinued a contested claim last year and they should not be harassing you like this and see what they say - so basically a repeat of what they said but I would copy it to Cabot as a complaint and include this is the 2nd time they have tried this and you have no intention in paying an unproven alleged debt and further communication will be deemed as harassment

They themselves didn't discontinue the claim. The previous outfit discontinued but I will send that response to them and complain to Cabot.

They discontinued previously following a defence as it was obvious that they were on a loser. I had previously asked for them to show me evidence that they had received the courts permission and that's when things stopped last time.

[Warwick65]

Hi
Just because a claim has been discontinued it doesn't mean it is extinguished so in one sense they are correct in that it is still owing . However if they discontinued after a defence was entered they would need the permission of the court to reissue and that is unlikley.

I would send a carefully worded letter saying they discontinued a contested claim last year and they should not be harassing you like this and see what they say - so basically a repeat of what they said but I would copy it to Cabot as a complaint and include this is the 2nd time they have tried this and you have no intention in paying an unproven alleged debt and further communication will be deemed as harassment

[josefk]

was this a letter of claim??


Diana Mayhew

It's the same as last year, if we don't hear from you within 30 days we MAY issue proceedings.

Last year I sent evidence that it had been discontinued 3 years previously and they left it that they'd await instructions from an adult. Now they've sent the same thing again.

[The Tech Clerk]

of course Xmas office party funds????

[The Tech Clerk]

was this a letter of claim??


Diana Mayhew

[josefk]

4th December 2017, 14:02

Originally posted by josefk View Post
Hi everyone, Been ages since I've been here but a month after my last post I went into hospital for an operation and been battling to get fit since, think I've made it now.
It had been quiet on the debt front thankfully but I did receive a week back a letter from Cabot stating if I haven't sorted out payments on the old First direct account within 4 weeks then they would consider starting legal action.

This was the case that Andrew managed ages ago and was discontinued just before it went to court, discontinued fully. It was where they'd put my CC that I had a classed it as an overdraft to try and wiggle out of not having a CC agreement.

Is there a letter to send for this as I'm not sure the best way to word things on this as I don't want to give to make a mistake.

Plan B had said to send a formal complaint and copy of the discontinuance before, is this the way forward still?



Sadly after sending the discontinuation form to Cabot all I got was a letter stating they had no idea that it had been the subject of a court claim and even though it was fully discontinued at the time the debt is still owed and they will continue to take action.

Received a letter today from Cabot stating Mortimer Clarke will be in touch. Lo and behold my second letter of the day was from Mortimer Clark giving me 30 days or they would start proceedings. Both letters come from the same address it appears.

Advice will be very gratefully received on moving this forward.

Don't fancy a nice new years present of a court claim on a claim previously discontinued.

09/08/2018-UPDATE- now received another letter from Mortimer Clarke threatening the same as in December 2017. If nothing heard within 30 days.

Shall I just send another letter as I said last time saying it had been already discontinued?

[josefk]

Everything now going according to plan

Di

Thanks Di, letter responded to as discussed.

Cheers for the call. Have a peaceful Christmas

[Joanna Connolly Solicitors]

I've messaged and emailed but heard nothing back, any ideas?

Everything now going according to plan

Di

[Roger]

Hi, I've messaged and emailed but heard nothing back, any ideas?

Yes I read Di's response as sounds like a plan!
DO NOT reply to these letters!!

[josefk]

Sounds like a plan

Di

Hi, I've messaged and emailed but heard nothing back, any ideas?

[josefk]

means office clerk on computer presses send next letter? methodically speaking, Press Button "B" use to get you change from telephone boxes by the way, but used as saying send next letter by DCAs etc/

Cheers for that, I'd never come across that before. A sheltered life I've led

[The Tech Clerk]

means office clerk on computer presses send next letter? methodically speaking, Press Button "B" use to get you change from telephone boxes by the way, but used as saying send next letter by DCAs etc/