Josefk diary

[josefk]

Sounds like a plan

Di

I have messaged Di on here, I'll send an email after my meeting to her.

Not sure filing a solicitors letter without response is the best move. (And I don't know what pressing button B means , sorry)

[Joanna Connolly Solicitors]

I would NOT respond to these letters but email Di

Sounds like a plan

Di

[The Tech Clerk]

just next drawer down or button "B"????

[josefk]

Cabot and Mortimer Clarke are BOTH part of Cabot group. Same address and probably same person.

The issuing of claims is now under a new system see Niddy's
https://www.all-about-debt.co.uk/for...claimers/page3

I would NOT respond to these letters but email Di

Cheers Roger

[Roger]

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.

Cabot and Mortimer Clarke are BOTH part of Cabot group. Same address and probably same person.

The issuing of claims is now under a new system see Niddy's
https://www.all-about-debt.co.uk/for...claimers/page3

I would NOT respond to these letters but email Di

[josefk]

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.

[Joanna Connolly Solicitors]

I have now heard back from Cabot after sending them a copy of the discontinuance from previous legal action. Their response ignores the discontinuance as they didn't know about it when they bought the alleged debt from IDEM and they weren't informed of it. They say IDEM states that it was discontinued as there was no agreement that could be given, they don't say one has been found (not that there could be one as the credit card was a tick box on a current account application form).

They state that previous legal action is irrelevant and that the debt is still needing to be paid and since my last payment was in June '13 then that showed I acknowledged the debt. They do say I can complain to the Ombudsman.

I'm minded to do that as their stance does seem to abuse the legal process but am open to advice from those that know far more than I do.

It would only be an abuse of the legal process if they actually issued a claim without making an Application to the court for permission first (which they're unlikely to get).

I doubt you'll hear from them again. If you do then simply ignore it

Di

[Roger]

Cheers Roger, that's my thought but not sure if complaining to ombudsman does anything. If I can make life difficult for them I would.

Silence is golden!!

[josefk]

NO further contact with them! Simply File this away.

Cheers Roger, that's my thought but not sure if complaining to ombudsman does anything. If I can make life difficult for them I would.

[Roger]

NO further contact with them! Simply File this away.

[josefk]

I have now heard back from Cabot after sending them a copy of the discontinuance from previous legal action. Their response ignores the discontinuance as they didn't know about it when they bought the alleged debt from IDEM and they weren't informed of it. They say IDEM states that it was discontinued as there was no agreement that could be given, they don't say one has been found (not that there could be one as the credit card was a tick box on a current account application form).

They state that previous legal action is irrelevant and that the debt is still needing to be paid and since my last payment was in June '13 then that showed I acknowledged the debt. They do say I can complain to the Ombudsman.

I'm minded to do that as their stance does seem to abuse the legal process but am open to advice from those that know far more than I do.

[josefk]

Shall I assume it's this claim here in the secure section which you're referring to >

https://www.all-about-debt.co.uk/for...ries-vs-josefk

If so then the Claimant was Britannic Recoveries/Arrow.

I've peeked back through your diary and I can't obviously see any debt you have with Cabot.

Is this the first letter you've received from them (Cabot)?.

Di

Hi Di

The previous claimant was Brittanic Recoveries but through Arden/Idem (not sure they're under Arrow but could be).

I had nothing that I know about with Cabot at all.

I had a couple of letters saying I owed X amount etc, no assignment letters before that. I hadn't responded as I had nothing with them and then they sent the letter giving me a month to reply or they'll put it up for legal action so I responded.

I followed your previous advice and sent them a letter saying that they would be aware through their due diligence that his alleged debt had already been through the court system and the claim against it was fully discontinued in 2014 after a defence statement was lodged. Sent a copy of discontinuance letter but gave no details of what the defence was.

Sorry for the delayed response, I used to get notifications when there was a reply and had nothing come through. Been a busy week with birthdays, work and schools going back etc.

Hope you're well Di.

[Joanna Connolly Solicitors]

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?

Shall I assume it's this claim here in the secure section which you're referring to >

https://www.all-about-debt.co.uk/for...ries-vs-josefk

If so then the Claimant was Britannic Recoveries/Arrow.

I've peeked back through your diary and I can't obviously see any debt you have with Cabot.

Is this the first letter you've received from them (Cabot)?.

Di

[josefk]

Hi, glad to see that you are getting healthier. When you say 'discontinued fully before court ' can you explain what that means? Do you have a letter to say it has been discontinued and with reasons why? Sorry if I have missed this information.

Hi, the discontinuance letters don't lay out reasons for doing so. The form states whether the claim is partially discontinued or fully discontinued. Fully discontinued means all elements of the claim have been ceased.

[josefk]

Hi, glad to see that you are getting healthier. When you say 'discontinued fully before court ' can you explain what that means? Do you have a letter to say it has been discontinued and with reasons why? Sorry if I have missed this information.

Hi, the discontinuance letters don't lay out reasons for doing so. The form states whether the claim is partially discontinued or fully discontinued. Fully discontinued means all elements of the claim have been ceased.