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  • Turquoise
    replied
    Thanks Colin. Yes I did precede the offer with 'Without Prejudice Save As To Costs'.

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  • Colin G Quinn
    replied
    Hi, open correspondence is correspondence sent in a letter, an email, or made verbally over the telephone, which is not preceded by the words 'Without Prejudice Save As To Costs'. If your settlement offer was not made in that fashion it can be used during proceedings and a Judge can be taken to it, by way of the Claimant seeking to demonstrate an admission on your part, or in an attempt to damage your credibility.

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  • Turquoise
    replied
    Hi, I also submitted a defence. Settlement offer was sent to Cabot by email. What is 'open' correspondence?

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  • Colin G Quinn
    replied
    Hi,

    You say you have filed an AOS, have you followed that up with a defence? Also, was your settlement offer made in 'open' correspondence?

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  • Turquoise
    replied
    HSBC claim - I've made a settlement offer (no response), then AoS, and CPR (also no response). Now waiting for 28 days.

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  • Never-In-Doubt
    replied
    Originally posted by Turquoise View Post
    Unsure how to proceed with Claim Form.
    You are talking to me / solicitors - Joanna Connolly

    Gerry Jemitus

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  • Turquoise
    replied
    Unsure how to proceed with Claim Form.

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  • Warwick65
    replied
    Originally posted by Turquoise View Post
    HSBC debt. Letter before claim received 28th May from MortimerClarke. I didn't recognise it and had filed it in the ignore pile, found a few days ago. Hoping JCS can help.
    Let’s hope they can. Keep us updated even if it’s just to say they are dealing with it. Remember if not you have deadlines for acknowledging service and filing your defence.

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  • The Tech Clerk
    replied
    A few of us received one as well .

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  • Turquoise
    replied
    HSBC sent me a cheque a couple of months ago saying it was for poor customer service, I banked it.

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  • Turquoise
    replied
    HSBC debt. Letter before claim received 28th May from MortimerClarke. I didn't recognise it and had filed it in the ignore pile, found a few days ago. Hoping JCS can help.

    Leave a comment:


  • Never-In-Doubt
    replied
    Joanna Connolly

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  • Never-In-Doubt
    replied
    Just for info Jo / JCS are aware and dealing with OP. I'm also aware and everything is in hand.

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  • nightwatch
    replied
    Originally posted by Never-In-Doubt View Post
    As there's an outstanding CCA request, they're in default. Don't worry - just continue as you are and if a claim is issued then let us know - email me so I can get it to Solicitor ASAP.

    Try not to worry - as things stand they're in default.

    See if Jo says any different, she may suggest action so await an update please.

    Joanna Connolly
    have you contacted Niddy as he asked?

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  • Turquoise
    replied
    I received a Claim Form re debt currently with Mrlin. Do I add this as my defence?
    "My defence for claim ref *** concerns my CCA request. Having sought advice I requested my CCA from Cabot. I received a letter from Cabot (date ***) stating: “until we’re able to provide this information your account is unenforceable. This means we’re not permitted to obtain a County Court Judgement against you.” I have enclosed a copy of the letter verifying this. It is therefore a surprise to receive this Claim Letter when Cabot clearly stated they will not be permitted to obtain a CCJ. If a CCA had been provided as per my original request I would have sought advice on how to deal with this."

    Anyone know what the possible outcomes are of this? People say it will be ok but what does that mean?




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