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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
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Cabot/Nolans SPC Claim - old LLoyds Loan ***Claim Abandoned***


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Tell us about the debt please

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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Sorry, it's a lloyds tsb loan £1100 opened in 2009 and the default is mid 2013.

 

Cabot only appear on my credit file 11 months ago. It was originally Moorcroft with letters late 2013 not sure what happened in between.

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Why did you cease payments?

How much are they trying to fleece you for?

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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Share on other sites

I had lost my job at the end of 2012, receiving JSA.

 

I had a few creditors all of which I was giving token payments too

then I started getting letters from debt agencies,

 

I ended up moving to another area for work and just sort of put it at the back of my mind... :(

 

The amount owed is 1100 (plus the threat of courts fees etc)

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Have you ever written to your creditors and told them you'd moved?

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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Share on other sites

Opps

So what you have is in fact a phishing letter

They are hoping you don't red

One then they'll serve it to your old address

 

Now, were all your runaway debts taken out whilst you were resident in Scotland first please

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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They were yes, I'll still get wind of anything going to that address. I am on the electoral roll at this address and on my credit file due to a joint account with my wife.

 

I'm not really sure what I expected to happen, been most naive.

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No that's all OK

Court summons must be served in person up here unless there are exceptional circumstances

So they can't get a backdoor degree

 

Now

Does the letter actually say will anywhere?

I bet it don't

I intend to to go to old man o sky this fall

If I do is a totally diff matter

 

Just remember

A DCA or their fake/tame solicitor s are

NOT BAILIFFS

And have no more legal powers than you or i

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 year later...

No this is your thread

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

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 the issuing court: inverness

 

Who Is The Claimant: Cabot

 

Who Are the Solicitors: Nolans

 

What type of action? (Simple/Ordinary): simple

 

What is the claim for –

 

on 10/11/2009 the respondent entered a fixed-sum loan agreement with Lloyds TSB BANK PLC under wich the respondent borrowed from them a sum of money repayable on demand.

 

The said agreement was an agreement regulated under the Consumer Credict Act 1974..

The Respondent failed to pay as agreed on demand and is in breach of contract with the said Lloyds TSB BANK PC.

the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 24/06/2016 and the claimants have advised the respondent of the same.

the last payment was made to account on 12/02/2014 the said sum of £ 1109.69 is the sum sued for. The claimants have made frequent requests to the respondent to make payment of the sad sum but the respondent has refused or delayed to do so.

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM]

 

Date of agreement 10/11/2009

 

Ref Number ****

Unpaid balance: £1109.69

 

Repayment on demand.

 

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

Last Date Of Service:- 14/12/2018

 

Last Date For Response:- 04/01/2019

 

What Documents are listed in Box E2:[or in your form requesting the same?]

 

1. agreement dated 10/11/2009

 

the debt is for a Loan

BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay to them the sum of £ 1109.69

 

from your knowledge: answer the following:

 

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. Sold to Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I knew it had, don't recall any notice of assigment

 

Did you receive a Default Notice from the original creditor? not that I can remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so

When was you last payment:- i'm unsure late 2013

 

Why did you cease payments:- lost job

 

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 had originally used stepchange for a while

Edited by dx100uk
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Go ring Lloyds and ask the last payment date please

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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Share on other sites

I've called lloyds and the automated system says my details are for TSB and gives me the number for them but the details aren't recognised there.

 

I guess i'll just need to find a better number, am I better speaking to a human on the Lloyds bank side or the TSB side. I'm not really sure how the split went.

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Can be a pain

Keep trying

Just remember the harder it is for you to findout..it will be double that aggro for cabot!!

 

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... 

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I have to go to work now, but i'll give it another shot on my break.

 

I had a look through my old statements and the last I can see I sent money to lloyds was FP 24/10/13 . I can see a payment to moorcroft 07/02/14 but I can't recall what that was for....

 

eek

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That in the ballpark then given say a few days to clear..

God why were you blindly paying moorcroft..they dont even buy debts just chase...

 

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 had set these up while I was living with my parents, they were phoning at all hours and it was worrying them. So I just tried to stop it, I know better now sadly.

 

 

My dad would often email me the odd letter they sent and it seems moorcroft was for another Lloyds account. I'm still not having much luck contacting Lloyds.

 

I had an overdraft with them too and that's currently showing on my credit file as still being owned by Lloyds themselves. Will I be shooting myself in the foot contacting them?

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no cant reset anything

 

you don't have to do anything on this till after the new year

4th jan

 

however im conscious that as that's so close to the holiday period you might totally forget this!!

 

take your time

go get that info

you've even got time to send a free sar to various places like Lloyds

tsb etc etc

and still get the info back time to respond to the claim.

 

but whatever you do.

YOU DO NOT UNDER ANY CIRCUMSTANCES contact the fleecers or their dogs nolans.

 

be aware that you MUST take extra care with nolans in not revealing email or phone numbers to them in anything you send do or say.

nolans are masters at pulling crafty stunts like sending important docs purposefully late by email and claiming legal service by email is ok or even by phone

or even sending fake spoof letters goading you into believing what the court says or soes it wrong.

 

your best way to kill them dead is to prove this debt is statute bared

cabot always forget Scotland is 5yrs extinguished dead gone parrot.

 

read the numerous spc claimform threads here already in this Scottish forum

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

I eventually got through to someone who could help, seems i'm with TSB.

 

She said the last payment she could see was 06/06/13 but since it was "written off" she couldn't see anything after that advising that she would put me through to collections to see if they knew anymore, then of course the call died and i've been on hold for a while now.

 

I can see that I made that later payment in October though and digging through emails I seem to have had two different moorcroft numbers but I seemed to be making payments to only one. which one though, I don't know but I have a very bad feeling...

 

I will send off the SAR to TSB today and I have been reading similar threads for an idea of how this will work.

 

Just gotta keep positive!

 

I appreciate all your help

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well done keep digging.

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 got through to collections who passed me onto recovery and as far as they can see the last payment was june 13 for £2 and the balance is zero so i'm sort of at a loss as to where to look now...

 

I know I did send another £2 after that, and it never got returned so that's a bit ominous. I can't really go ask moorcrap..

 

I guess the SAR will maybe shed more light, hopefully they respond quickly.

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