Jump to content


  • Tweets

  • Posts

    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • 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/Nolans SPC Claim - old LLoyds Loan ***Claim Abandoned***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1708 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

Yeah and it is the date they confirmed on the phone but I know I had sent a token payment later that I can see from my rbs statements. It's the moorcraft payment in Feb 2014 that's the problem.

 

I'm sorry, I've just confused all of this.

Link to post
Share on other sites

  • Replies 73
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

So I've posted what needed posted.

 

 

It's just a waiting game now, apologies for the last few posts was just getting worried I had messed things up and confused myself but i think it's all in order now.

 

Thanks for the help so far, it's greatly appreciated.

Link to post
Share on other sites

nothing for you to do.

signed for is never done by cabot.

stop sweating read other spc cases here so you know what to do/say.

 

if the claimant has not sent you ALL the required docs by the date the sheriff has ordered

get on the phone to the clerks office and tell them you want the claim dismissed and an absolvitor issued

read this too

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=spc+decree+of+absolvitor+&sa=Search+CAG

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

Hi!

 

I received the standard cabot CCA reply today, don't have info on file so will request info etc. update in 12 days.

 

Also received a letter for nolans saying they have asked the court for it to be paused. I have attached.

 

seems bad form considering they stated they had the credit agreement.

Pause.pdf

Link to post
Share on other sites

pers i'd object

they've had this debt since july 2017 knowing then they had NO PAPERWORK.

they lied on the summons that they HAD the agreement.

 

 

and if it were not for the summons the debt would be statute barred winthin a few weeks

all they have done is issued a speculative claim to halt the statute barred clock.

very unfair and underhand

 

courts should not be used as a debt collection tool

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

  • 2 weeks later...

Received a letter from Cabot today titled an update on your request.

 

We're still processing your request, we have contacted the original lender for the relevant information.

As we haven't been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request.

 

This means we are not permitted to obtain a judgement or decree against you in court.

 

Any use? Or are we hoping the judge rejects the pause application.

Link to post
Share on other sites

std letter they always sent to a CCA request

 

however i would send that along with post 54 and 56 points in an email to the SHERIFFS [NOT A JUDGE!!] clerk the day they fail the sheriffs orders. [which was what date?]

then after about 1hours

get on the phone to them and findout what they are doing about it.

 

seen 3 cabot/Nolan cases thrown out when the sheriff see that cabot letters now and fails his date for them to disclose what he ordered.

 

out rounding up sheep all day with someone and the new puppy. so only on a small screen.

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 date is 30/01 so this Wednesday. I shall get the e-mail typed up ready to be sent Wednesday morning.

 

Thanks for all your help! I feel we might get a reply from the sheriff over the pause application before then but we shall see.

Link to post
Share on other sites

sorry I couldn't see the date.

 

so send that reply form off with your objection to the pause wanting it dismissed as post 58 today by email to the clerks office then ring Monday and the cabot letter

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

which was?

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

post 59 then

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 sent the email away this morning, included those points and attached cabots reply. however i have been unable to call as the number isn't working.

 

on their page it says the phoneline is down.

 

https://www.scotcourts.gov.uk/the-courts/court-locations/inverness-sheriff-court-and-justice-of-the-peace-court

 

I will keep an eye on it and try again later.

Link to post
Share on other sites

got through to the sheriff clerk today,

 

she said there was a note on the case stating that the case management discussion is going ahead and the application to pause and my objection to will be discussed there and that they received the email I sent when they failed the sheriffs order.

 

Just said I was to turn up. Guess its a waiting game now.

Link to post
Share on other sites

well the sheriff from your emails should be aware that the debt would now be statute barred if it were not for the speculative claim halting it, which yo aver was the reason it was raised.. and that, against what they stated the claimants did not and do not and cannot get a hold of the signed agreement that they averred they held in their original claim statement..liars!!

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

Just back from the case management.

 

Sheriff paused it for 6 months to give them a chance to get the paperwork.

 

 

I tried to put my points across, I guess not very well.

 

 

Ah we shall see what they can make up

Link to post
Share on other sites

  • 5 months later...

so it's nearing time of the review and I haven't received anything.

 

"Orders the progress of this case to be paused to enable the Claimant's to locate the credit agreement; thereafter, Assigns xx August as review of the same"  

 

So it's just another case management discussion?

 

Sorry, I hadn't realised it was so soon.

Link to post
Share on other sites

wack in an incidental application.

read here

 

 

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

  • 2 weeks later...

Apologies, I never ended up sending the IA.  I had looked out the CCA replies they had sent, but couldn't find the last one and some other nonsense in life took over.

 

alas, I got to court today and their rep said they'd dismiss without expenses, sheriff asked if that was ok with me. 

 

I just said yes, I just wanted it all to end.

 

So thanks for all your help dx!  

 

i'll fire in a donation and hopefully this helps someone else down the line. 

Link to post
Share on other sites

hehe always the way with nolans when you front them up.

 

good win regardless to the IA.

 

so was this actually simply dismissed or did the sheriff grant absolvitor and quash it for the future??

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 believe it was simply dismissed, thinking it over now I guess I should have mentioned and pushed for the absolvitor.

 

I assume if they tried to bring it back then it would count from now so it would be statute barred?

 

 

I assume I'll get something through the post if not I'll ring the court on Monday.

 

 

 

 

Link to post
Share on other sites

I take it to mean the same as an English Claimform case being 'won' and yes the SB thus never stopped.

had 3 like this

and one where they did try again, and folded when told it was now SB'd.

 

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

  • dx100uk changed the title to Cabot/Nolans SPC Claim - old LLoyds Loan ***Claim Abandoned***
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...