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Cabot/Restons Claim Form lloyds OD & Credit Card 'debts'***Claim Discontinued***


iyam71
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Received yet another claim form (thats the third in 7 months for debts originating from 2010 when these financial problems first arose).

 

Its for an overdraft and credit card originally with Lloyds.

 

POC:

 

The Claimant claims payment of the overdue balances (set out below)

which the Defendant (s) have failed to pay as required under contracts with the following particulars

acc no **************** and

acc no ************** between the Defendant(s) and Lloyds TSB dated on or about 06/11/98 and 13/05/98 respectively.

 

The contracts were assigned to the Claimant on 19/09/2013 and 19/09/2013 respectively.

 

PARTICULARS:-

a/c no ****************

a/c no **************

DATE ITEM VALUE

30/06/2014 Default Balance ****.**

30/06/2014 Default Balance ****.**

Post Refrl Cr NIL

 

TOTAL :- ****.**

 

No pre-action conduct letter was sent.

 

 

I know the drill well enough by now as regards getting off CCA requests etc but have a couple of queries if anyone would be so kind to oblige.

 

For starters has there been some kind of sea change in the way DCAs are operating?

 

I read a few years ago that they were pretty unlikely to take court action and would simply rely on threats and persistence to try and get people to pay up.

However having now received 3 seperate claim forms this year I assume this has changed for some reason.

 

The other question I have is regarding the 'dated on or about' phrase in the POC.

 

Is it usual to be this ambiguous or are they just covering their backs?

I'm assuming it at least means they have no paperwork at this stage.

 

As ever any feedback would be much appreciated.

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Hi iyam

 

It gets very messy when they amalgamate 2 debts...even worse when one is an overdraft...so you will have to use 2 CPRs and 1 CCA..here is the Overdraft CPR 31.14.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Regards

 

Andy

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Hi iyam

 

 

No discernible change [though I think you mean sewer not sea].

They go for those they consider worthwhile or gullible and leave those they consider not.

 

 

The on or about phrase is [to continue the effluent metaphor] bog standard,

it helps cover their rear in case of a minor discrepancy.

 

 

awww How cute: the contracts were assigned on 19.9 and 19.9 respectively.

 

 

Be very careful with Restons.

They don't comply with CPR requests

but in one recent case their stated reason was that they had not mentioned the document he requested.

 

 

He asked for agreement whilst Restons had, as usual, called it contract.

 

Oh and btw originals of agreements / contracts / whatevers from any previous century are unlikely to surface,

particularly if they were T S B ones prior to the merger with Lloyds.

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Hi iyam No discernible change [though I think you mean sewer not sea]. They go for those they consider worthwhile or gullible and leave those they consider not. The on or about phrase is [to continue the effluent metaphor] bog standard, it helps cover their rear in case of a minor discrepancy. awww How cute: the contracts were assigned on 19.9 and 19.9 respectively. Be very careful with Restons. They don't comply with CPR requests but in one recent case their stated reason was that they had not mentioned the document he requested. He asked for agreement whilst Restons had, as usual, called it contract.

Oh and btw originals of agreements / contracts / whatevers from any previous century are unlikely to surface, particularly if they were T S B ones prior to the merger with Lloyds.

 

So I was either very lucky for 3 years, or have been very unlucky for the last 7 months. Will be interesting to see if they come up with anything by way of documentation, it wasn't a TSB account unfortunately but hopefully you are right and they won't have any originals. The stuff Barclaycard sent in response to the CCA request in my other thread was laughable so I'm hoping for more of the same.

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Reply this morning from to the two CPR requests refusing to acknowledge or respond as the letters are unsigned. Am I correct in thinking a signature is not necessary? And if so how do I respond?

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If you look at other Restons cases you'll see this is what they do a lot.

 

You could

 

1 resend with your sig slightly varied - eg add / remove tail - or sign over grid of crosses or

 

2 write explaining no legal requirement to sign [i can't quote source off top of head , maybe someone else can ] or

 

3 leave matters be - if they haven't complied, your defence capitalises on their failure and they have to produce at disclosure stage of proceedings where you will have put them to prove their allegation .

 

 

Nothing to panic about , ok ?

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  • 2 weeks later...
Hi iyam

 

It gets very messy when they amalgamate 2 debts...even worse when one is an overdraft...so you will have to use 2 CPRs and 1 CCA..here is the Overdraft CPR 31.14.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Regards

 

Andy

 

Just about to start on the defence for this. Does the 'messy' phrase apply here or is it a case of submitting a standard holding defence like I've used before, obviously with the different accounts they have amalgamated all covered.

 

So far I've had a letter from Reston's saying they are unable to comply with the CPR requests as a signature was not supplied. Also a letter from Cabot saying they have not got the CCA but are attempting to get it. Nothing either from Lloyds for the SAR request but I've had acknowledgement that it is being processed and will be sent within the 40 day deadline.

 

As always any help will be greatly appreciated.

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And after having checked MCOL a bar has been placed on the claim. I assume I should email the defence across and ring to confirm they have received it?

 

We are getting quite a few of these at the moment....apparently its an error on the Northampton software...but yes submit by email.

 

Andy

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  • 1 month later...

Quick update.

 

 

Cabot have written to say they could not obtain the CCA within the relevant time period but intend to continue to request this from the original lender.

 

 

As a result the account is on hold with the Customer Care Dept until they can comply with the request.

 

 

It also states that the credit agreement is currently unenforceable.

Not had anything from the court since filing the defence, which was around a month ago.

 

We also just received the SAR from LLoyds.

There are no credit agreements or applications forms for the bank acc/overdraft,

and the covering letter actually states that they have been unable to find a copy of the signed credit card agreement.

Then states "If you take this matter further, we are confident in our ability to be able to prove this."

 

I've ended up with two letters,

one from Cabot stating that the debt is unenforceable,

and the other from Lloyds stating that they cannot locate the agreement.

 

 

Am I correct in thinking Cabot would be mad to proceed in light of this?

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  • 7 months later...

Another letter from Cabot this morning again stating that they are still awaiting the documents from Lloyds.

 

But also offering to accept a much reduced figure in order to settle the claim.

 

They have now been waiting for over 7 months for the docs.

 

I'm intrigued to know if anyone else has been in a similar situation with Cabot and ultimately what happened.

 

In particular whether they now go down the reconstituted agreement route.

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they cant use recons, you signed the agreements pre apr 2007.

 

 

so a discount letter

begging to give us something before we have to either discontinue the claim

or

simply leave it as is as stayed.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hope you are right. But we lost a claim to MKDP using reconstituted Barclaycard documents last year and that was a pre April 2007 agreement. However the letter does come across as being a bit desperate.

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  • 3 weeks later...

hey well done

third one today

 

 

check with the court in a few days.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Nice result iyam71 ...well done.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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  • 1 year later...

Got a statement from these lot this morning. They have just added £132.50 to the balance, a 'LEGAL BAL ADJSMT'.

 

Can they do this? Not that they're ever likely to get anything anyway.

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Add what they want ...as you state...irrelevant

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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