Jump to content


  • Tweets

  • Posts

    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

cabot/restons claimform - old Cap1 card 'debt'


adviseme
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2532 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

Thank you for taking the time to view my post. I really hope someone can offer advice..

 

I'm going to be blunt, and please forgive me, but I've never spoken about this to anyone before.

 

nearly 5 years ago my marriage broke down,

I had to leave my family home, and close down my business.

 

I moved away from the county I lived in as I didn't have any work any more, and my sister let me live in a flat above a pub she owned.

I slipped into a deep depression that was lifted when I started to see a new lady.

 

She left me,

 

My sister helped me until she knew I would be OK. She then made me move into her home.

 

I was seen by a GP and referred to mental health services.

I was put on medication, and had a direct line to support workers.

 

Around this time I applied for a credit card.

I had nothing, and I guess (I honestly don't remember)

I thought it would make me feel good about myself.

(I had already pawned my wedding ring)

 

I made a few payments,

had to move in with mum n dad.

 

I moved to my brothers,

but I had to leave there,

moved in with an old school friend

- sofa surfing.

 

Sadly I had to move out, and was living in my car

- only for a few weeks, but it was bad enough.

 

As you can guess after a while I had stopped paying the credit card.

 

I'm not proud to say I often bury my head in the sand.

 

it's now 4 years later, and I have a job

- been working 6 months!

 

I have a flat I rent now.

Things started to look up.

 

I am now on different medication for acute depression and anxiety,

it's still there, but as i said things have been getting better.

 

My ex wife and I are on friendly terms,

and in July she is about to remortgage,

which means I should get about £40,000

- which although having a bad credit score I was hoping would help me secure a mortgage to buy my own flat and save me a small fortune in rent.

 

Until now.

 

Today I got a letter from nottingham county court telling me I have a debt of £1550, plus costs with a company called restons solicitors

- they are acting on behalf of Cabot who bought the debt from capital one.

 

I called the solicitors, and said can I sort out some payment plan.

 

They said the only thing I can do is pay it off in full with charges.

They were not willing to enter any payment plan, and stop the action.

 

I cannot raise the money unless I get a very high rate loan.

And I can't risk that.

 

I know lots will say it's only money - but I have just started to see sunshine, and now my only chance of ever owning my own place is fading fast.

 

I'm rambling. Sorry - You have no idea how long this has taken to write - I have deleted pages.

 

I am 49 years old, I know in 6 years noone would want to give me a mortgage.

 

Oh - I'm sorry.

 

When I told them i took the credit out during my worse mental health time the guy really seemed to sound concerned. He kept saying, but you're better now - seemed to be prompting me what to say.

 

I was wondering if any of you can advise me?

 

I'm not trying to get out of paying it at all.

I want my life on track - with a future that looks happy.

I can probably manage £50.00 per month, but it would be tight.

 

What can i do to get this stopped, or held up so i don't get a CCJ?

 

Is there anything?

 

I really am so sorry to get my point across.

 

thank you all for staying with this and reading to the end.

Link to post
Share on other sites

  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

hi

to allow us to have the correct info to advise you properly

 

 

please fill this out

and copy n paste the Q's it here and add you answers

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... 

Link to post
Share on other sites

Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED

 

Date of issue – 17 FEB 2017

 

Date to acknowledge 7th March 2017

 

 

Date to submit defence 21st March 2017

What is the claim for –

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One 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

 

What is the value of the claim? 1735.00

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I was homeless, jobless, and quite frankly was having trouble remembering even usual thing in my life and couldnt even take care of myself physically. I suppose to put it plainly I forgot (I know this is no defence)

 

What was the date of your last payment? January 2014

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan I remember speaking with stepchange just before i became properly homeless - living in my car. I cannot say for sure if it was regarding this debt, but I am over 50% sure I did.

Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

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... 

Link to post
Share on other sites

yes MoneyClaimOnLine

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... 

Link to post
Share on other sites

all in post 4 already

 

 

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... 

Link to post
Share on other sites

I'm filling in the CPR31.14 now. (I done the mconline bit.)

 

On the form mentions documents mentioned in the claim. But I can't see any mention of any documents on the claim form.

 

I'm probably overlooking something obvious, but I won't carry on with the form until I'm sure of what is needed.

 

Also the form looks like it is for overdrafts; is it ok to use this form for a credit card too?

 

Sorry again - I know I take up so much of your time, and really do appreciate it.

Link to post
Share on other sites

IN THE POC BOX....

 

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital Onelink3.gif 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

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... 

Link to post
Share on other sites

I can't delete the bits of the CPR 31.14 form that are in black. Should I leave them all in? (I've tried doing it in web browser, and saved to my desktop with same result.)

 

Or is there a word version?

 

Once again sorry if you may feel I am wasting your time, the more I try the more stressed I am getting - I really want to get this right.

 

Thank you so much dx1000uk for your help so far.

 

I'm sorry - I just saw the plain text. I will copy & paste it into a word document.

 

I hate wasting your time panicking instead of calmly reading through.

Link to post
Share on other sites

there you go easy when you think about it...

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... 

Link to post
Share on other sites

there is a current account and a credit card cpr 31:14

make sure you are using the correct one...

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... 

Link to post
Share on other sites

you simply copy and paste from the correct one.

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... 

Link to post
Share on other sites

the link for the CPR 31:14 you clicked takes you to the library not the cpr directly....

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... 

Link to post
Share on other sites

no scroll down there are TWO CPR31:14's

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... 

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Don't know if it will let me post a link, but it's the text written in this post that I have used.

 

Really must try to sleep. Please don't think I am ungrateful.

 

Many thanks

 

I saw the other one.

 

Glad to say i used the right one..

 

Phew..

 

Now to bed.

 

Night everyone, and thanks again.

Link to post
Share on other sites

:thumb::thumb:

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... 

Link to post
Share on other sites

don't miss you defence filing date whatever happens

 

 

time to go read like threads now with your player

copy your thread title into the search cag box of the top red toolbar

 

 

the more you read the stronger we become.

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...