Jump to content


  • Tweets

  • Posts

    • I agree with my site team colleague above. We need to know all the facts including which company you are dealing with and an explanation of the problem. It really is too difficult to start giving speculative advice on some speculative problem that you have laid out as a generalised scenario
    • Moorcroft are sending a rep round to my house this week. What is the best way to handle this? Ignore and not answer the door or engage with them? I haven't acknowledged anything since I started on this journey and defaulted on my cards in December 2022
    • Very sorry but with the best will in the world, I don't think we can at all understand what the situation is here. Please can you try rewriting this on a word processor and maybe send a copy of what you have written to a friend and working out together so that the story is complete but as brief as possible. Maybe a list of dates as well. If you can do that and then repost your story we can have a look
    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
    • Susan Crichton is at the Inquiry today. She seems to have trouble remembering a lot of things but seems to find it easier if it's something that shows her in a good light.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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 2531 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...