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    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
    • Thanks for coming back to us. There are no guarantees - but remember that so far MET have not had the guts to put even a single case before a judge.  Not once. Yours is one of seven court cases. Three ongoing like yours. In two MET bottled it as Witness Statement stage approached. In one the allocating judge decided their Particulars of Claim were rubbish and threw the case in the bin. Just the one victory by MET by default when the motorist stupidly didn't file a defence. So there is every chance that MET will throw in the towel in your case too if you stand firm. Please keep us informed of what is happening. Regarding being abroad, that is no reason for things going wrong, you can request an on-line hearing and we've had several cases where the PPC gave up when the motorist moved abroad. But please keep us in the loop.
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      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.
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Bank of Scotland Credit Card


hayley
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Hi

 

My husband sent a CCA request off to Caabot Financil who is acting on behalf of Bank of scotland for a credit card account. We have received a letter today saying

 

Further to your recent communications, regarding the above credit agreement.

 

We apologise for the delay, we have now received copy statements for the above account, and these are enclosed for your attention.

 

Can they still enter things (late payments, defaults etc) on his credit report or take us to court for this debt without the CCA even though they have coipies of statements.

 

Thanks

 

Hayley

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Thread moved to Cabot Forum where you will receive more relevant help and advice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If all they have sent is copy statements then they have failed to comply with your CCA request and the clock is still ticking on the deadlines.

 

Now as to adding charges, etc, well without a clear contractual clause they can't.

This doesn't stop them though, but without a compliant CCA they can add anything they want as you wont be paying them anyway ;)

Be VERY careful whose advice you listen too

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If all they have sent is copy statements then they have failed to comply with your CCA request and the clock is still ticking on the deadlines.

 

Now as to adding charges, etc, well without a clear contractual clause they can't.

This doesn't stop them though, but without a compliant CCA they can add anything they want as you wont be paying them anyway ;)

 

Thanks curlyben, they have already failed to comply in the timeframe anyway as it was over 2 months ago they received the request from us. What should we do now stop making payments until they provide us with the CCA?

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You are within your rights to cease payments after 12 WORKING days as the account enters into default.

 

Now they wont like this much and will say all sorts of things.

Once they try and make further demands for payments we can deal with them.

A report to Trading Standards would be a good start as they are chasing an unsubstantiated debt.

Be VERY careful whose advice you listen too

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  • 4 months later...

Hi all

 

I havn't heard anything from Cabot for a few months, on Friday however, my husband received a letter saying that they had performed a routine review of accounts, and note that they have not received further information from us to resolve our dispute.

 

The last correspondance he had was before Christmas and they just sent us copies of his statements but still no CCA. What do you think we should do now, should we respond or just ignore the letter? they say in the letter that the account is on hold for a further 14 days so we can contact an advisor and discuss repayment.

 

The other thing we are worried about is, the letter says amount outstanding £3028.69, but the last letter we can find off them with an amount on dated January 2007 says he owes £2603.07. We sent the CCA request off to them on 23 February 2007, as far i was aware they could not add interest whilst it is dispute or am i wrong? if so they are obviously still adding interest.

 

This has been going on for over a year now and all they seem to do whenever we ask for a copy of the CCA is send out copy statements. We feel like we are banging our head against a brick wall, so if anyone could give us some advice we would be most grateful.

 

Thanks Hayley

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Personally I would just ignore the letter. Any interest they have added is not enforceable so don't worry about it. If you want to do something about the letter then I would just report it to Trading Standards and then in writing ask for a copy of Cabots complaints procedure.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 months later...
Personally I would just ignore the letter. Any interest they have added is not enforceable so don't worry about it. If you want to do something about the letter then I would just report it to Trading Standards and then in writing ask for a copy of Cabots complaints procedure.

 

Hi all

 

Just a quick update, i contacted Trading Standards and complained that Cabot had failed to reply to a CCA request. Today, i recieved a letter off Cabot saying that Bank of Scotland cannot locate the CCA so Cabot are passing it back to Bank of Scotland, so will keep you updated.

 

Hayley:)

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