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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Cabot chasing old RBS credit card 'debt'


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yeah, probably working on 10th Jan 2017 for SB? don't want to appear an idiot, make a fool of myself and come home with a CCJ. Before that date my defence would be incorrect paperwork, so am gearing myself up now.

 

Thank you

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  • 2 months later...
  • Replies 68
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Hi,

 

All has been quiet for a while and I am preparing for SB.

 

Rightly or wrongly in a moment of panic I replied to Cabot's correspondence advising

I believed the credit agreement was legally unenforceable,

the account was in an unresolved dispute with RBS before it was sold

and consequently I did not acknowledge any debt to their company.

 

I need to ask a silly question,

 

what defines "acknowledging" the debt?

 

Does the fact I have talked about it mean I have acknowledged it?

 

Though I have never admitted I owe the money.

 

Many Thanks

G

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:frusty:

you didn't sign it did you ?

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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what part of never play letter tennis with a dca did you not follow...............

 

I suspect that if that got before a judge it would be classed as ackin the debt AND RESETTING THE CLOCK

 

id let it run

 

what ever head fit made you do such a stupid ting...

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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ok I get I'm stupid, but how telling them the debt was in dispute before it was sold and I do not acknowledge any debt to them admitting it? I am confused, Can I send the SB letter if they contact me again?

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no you don't send any SB letters.

 

 

if they are stupid enough to file a claim form

the SB defence will kill it dead

but don't fire that arrow until needed.

 

you wrote about the debt

so are acknowledging there is a debt

regardless to if its in dispute or not.

 

as with all communication s with a DCA

you don't ever tell them anything they don't already know

that's their job to find it out

not yours to tell them.

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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next bloke next desk in a diff coloured skirt using the same printer

all designed to kid you it s going up a chain.

 

 

no such thing as a collection dept at a DCA any way.

just silly spoof names

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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  • 1 month later...

Happy New Year

 

One of my cards is now over 6 years and a month since last payment and I am ignoring all correspondence from Cabot. I was thinking of sending a CCA request when I feel cornered, would there be any point now in asking for a CCA for the Stat Barred one?

 

Many Thanks

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statute barred is the end of it once you tell them, heard they have hounded somebody after 11 years statute barred, after court threat ran away as breaking all regs on the said subject, these dirty cretins need capping, the dirty trade allowed by dirty governments.

 

they use to have special hospitals for these type people but they let them out onto society hence lowering of standards in commerce,

 

other will respond no doubt to your question. bad day

 

seems the answer already given in a different post, read and digest

:mad2::-x:jaw::sad:
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as post 57

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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I agree with you, these "legalised crooks" shouldn't be allowed to become millionaires in this manner.

 

I am not telling them it's SB until I get the notice before claim form and I still need to buy time for my other one.

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matters not if its enforceable CCA wise or not if you are claiming SB.

 

the thing to remember is that in England and wales

even if a debt is statute barred

all that does it prevents whomever owns the debt from enforcing any court judgement or threatening court action

 

the debt itself still exists and they can ask for payment

and you

can equally ask them to go away.

 

but best to simply ignore

or send the FCA CONC letter

 

but you never ever ignore a claimform.

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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  • 5 months later...

Hi,

it's been a while

 

I am now passed my sell by date (Statute Barred) including 1 month after last payment.

 

Can I relax now ?

Someone told me they can obtain a claim form and have 6 months to serve them.

 

I received a letter in May advising they would continue to pursue debt , but have not received letter before action.

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Rubbish

As post 65

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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Cheers dx thought as much,

you work very hard ,

enjoy the nice weather.

 

Think I can handle it from here and I appreciate all your help and support from CAG.

 

It empowers us to stay strong and fight the them

 

Will donate!

 

Wine o clock time

 

All the best x

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