Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


+ Reply to Thread
Page 3 of 5
FirstFirst 1 2 3 4 5 LastLast
Results 41 to 60 of 81
  1. #41
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 105,965 (26.99 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    attach the relevant part of the CCA as andy states


    that could be useful in you defence if they fail ti reply
    you can quote what you did
    that might get them a telling off
    or atleast get it under the judges nose

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  2. #42
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    OK, thank you


  3. #43
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Got a reply from Restons - seems it's their usual thing. no signatureicon - no reply

    Should I just ignore, or write again?

    Also is this a sign that they might not have the info I am asking for?

    Thank you all.

    Attached Files

  4. #44
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 105,965 (26.99 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    you ignore but note in your defence
    which you do not miss whatever happens

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  5. #45
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Thanks dx100uk

    I have one week to get that in. Should I wait til the day before in case they're holding back the things I have asked for?


  6. #46
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 105,965 (26.99 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    wont make much odds

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  7. #47
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    OK - I'm guessing about now I should be posting my defence.

    Here's what I wrote earlier; thought I'd give you a chance to check it over:

    (Don't know if I should add mental health probs - but I had to go to hospital Thursday night due to heart problems which the doctor said is due to anxiety - this is really the only thing that plays on my mind and affects me)

    Particulars of Claim

    1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about Nov 30 2012 and assigned to the claimant on Sept 24 2015

    PARTICULARS a/c no *****************84845
    DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

    Defence

    The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

    1. It is accepted I have in the past had agreements with Capital One credit card services.

    2 I have no recollection of ever receiving a Notice of Assignment over 2 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

    Therefore the Claimant is put to strict proof to:

    (a) show how the Defendant has entered into an agreement with the Claimant; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show evidence of service of Notice of Sums in Arrears
    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

    3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

    4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

    5. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond. I also received a reply from the claimants stating that they have assigned the debt to Reston solicitors.

    6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

    Please let me know if this all looks OK, an I will get my defence submitted.
    Getting very nervous now - have hardly been sleeping if I am honest.

    Many thanks


  8. #48
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 105,965 (26.99 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    God you say you have all these issues...
    And you produce a defence that many able bodied can't do after weeks of trying

    10/10 but let the experts check it over for tweaks before filling

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  9. #49
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,563 (13.22 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    " I also received a reply from the claimants stating that they have assigned the debt to Reston solicitors."



    Restons are Solicitors representing the claimant they dont buy debts ?

    Andy

    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 OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  10. #50
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    I know - exactly my point - but the claimant Cabot did write to me telling me that the debt has been assigned to restons!


  11. #51
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,563 (13.22 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Well ignore that ..they simply mean that Restons are acting for them on the claim.....the above requires a few edits

    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 OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  12. #52
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default

    OK - their letter actually says it is assigned to restons. But Okidokes.

    What needs changing?

    I'll get it sorted tomorrow after work - re-post it here to be checked and then subit it.

    Thanks again for all the help


  13. #53
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,563 (13.22 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Take a further look at your point 1...its weak....its okay to say you have in the past held accounts but you need to add further as to why you dispute the claim.

    I would drop the references to Notices of Sums in Arrears and concentrate on the actual default notice the breach and put them to strict proof

    The claimant does not need to show how you entered into an agreement with the claimant...because they have not said you have...they stated...

    " under a contract between the Defendant(s) and Capital Oneicon dated on or about Nov 30 2012 "

    The rest is okay

    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 OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  14. #54
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Hi everyone, I've taken out the bits suggested.

    Here's how it looks now - please let me know your thoughts. I am hoping to get this defence in tonight. (Or should I wait one more day in case they come up with evidence?)

    Particulars of Claim

    1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about Nov 30 2012

    2. And assigned to the claimant on Sept 24 2015

    PARTICULARS a/c no *****************84845
    DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00




    Defence

    The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

    1. Paragraph 1 is accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. They have stated the account number in their particulars..are you sure your unaware?

    2. Paragraph 2 is ........?

    3. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond.

    Therefore the Claimant is put to strict proof to:

    (a) show how the Defendant has entered into an agreement; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show evidence of service of Notice of Sums in Arrears
    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

    3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

    4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

    5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

    Follows
    0
    Following
    0

  15. #55
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,563 (13.22 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Few notes above hilighted

    Andy

    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 OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  16. #56
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default

    Thank you Andy,

    i have edited as suggested.


    Should I remove all of part 2 in my defence?


    I have seen it in other defences, so thought it should go in.


    I'm pretty sure I did have an account, but honestly don't remember opening it, or ever using it - although guess I must have as I did make payments.

    and when I do post my defence,
    do I just paste it all in online,
    or do I have to uploadicon the word document?

    Thanks again


  17. #57
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,563 (13.22 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Quote Originally Posted by adviseme View Post
    Thank you Andy,

    i have edited as suggested. Should I remove all of part 2 in my defence? I have seen it in other defences, so thought it should go in. I'm pretty sure I did have an account, but honestly don't remember opening it, or ever using it - although guess I must have as I did make payments.
    You mean your point 1. ?

    And you need to finish your point 2.

    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 OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  18. #58
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default

    On a previous edit you said to remove point 2 - so I just renumbered, leaving 2 out.

    As it stands so far:

    Particulars of Claim

    1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital Oneicon dated on or about Nov 30 2012 and assigned to the claimant on Sept 24 2015

    PARTICULARS a/c no *****************84845
    DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

    Defence

    The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

    1. Paragraph 1 is accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

    Therefore the Claimant is put to strict proof to:

    (a) show how the Defendant has entered into an agreement with the Capital One; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show evidence of service of Notice of Sums in Arrears
    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

    2. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

    3. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

    4. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond.

    5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

    Oh! Yeh - point 1. Point 2 was (previously)
    2 I have no recollection of ever receiving a Notice of Assignment over 2 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.


  19. #59
    Basic Account Holder adviseme Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2017
    Posts : 45 (0.21 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Got to get up early tomorrow, but will be home shortly after 5PM.

    I'll get any further edits done then, and if OK will submit.

    Thanks again.


  20. #60
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,563 (13.22 post per day)

    Default Re: cabot/restons claimform - old Cap1 card 'debt'

    Post your final draft with all amendments here first before submitting .

    Regards

    Andy

    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 OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details