Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #161
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    I'm not sure where you're getting that from DX. I've read all the links I could find that were relevant and all the ones that you have linked to me. I have 19 saved chrome tabs with everything from relevant cases to the SP rules, which I've read several times now. I've had those since the start and added as I went along, so the only time I'm logging in is to see posts on the thread. I can only think that's why it appears I haven't read the things you're referring to.

    I had also read not to make contact with DCAs or their dogs, but obviously I have to do that to intimate parts of the procedure like amendmenticon etc and doing it by letter or email makes no difference as you're still communicating with them to intimate. I did both so they couldn't say they didn't receive anything and postpone things any further.

    I'm sorry if you feel that you've nurse-maided me but I assure you I've spent hours reading the relevant materials, several times.


  2. #162
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    good thank you
    some people get so tied up in issues they forget the basics

    you really don't want to give them the opportunity to back out before it gets to the sheriff..

    cause if you do, you cant ask for costs.
    but if its thrown out or however they lose..once infront of him you can...

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  3. #163
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    Yeah that was my thinking, I don't want to speak to them, but thought I had best check with you just in case.
    I mean the rules try to promote and encourage negotiation between the parties, so i just wanted to check I wasn't being obstructive in a way that would annoy the sheriff by not answering calls and emails.

    Deep down though I know that this muppet McGladrigan is probably only now looking at this case properly for the first time since he raised the case, having wasted a lot of my time (and more importantly yours) with everything that has gone on up until this point.

    So i'm delighted that you're saying I can ignore him as I suspect he might be calling to try and cancel/postpone the proof, either to give himself more time or to withdraw the case as unless we're completely missing the point, he's now realising that he has a crap case and a sheriff that might tear strips off him for not complying with his orders to appear and produce a valid CCA.

    And yes I must admit to having a habit of overthinking and overcomplicating things so I apologise for that!

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  4. #164
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    so what one says..if I didn't like it I wouldn't be on CAGicon...

    don't forget too....
    threads are read by 10'000's of people that never register nor post on CAGicon....
    my advise and my postings encompass this by making them read what I've said and p'haps it applies to them or might ping a bell..not directly relevant to YOU.

    in all truth we see p'haps 0.1% of claims issued here on cag.

    the more concise and simple the posts ...the clearer people reading will understand things.

    when this is over anf you've won....i'll tell you a funny story when I was once sitting in the Ralia café some months back...

    but for now jot down the hours you've spent on this and your material costs...
    are you taking time off work to attend?

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  5. #165
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    NO probs, I really appreciate the help and didn't mean for my post above to sound ungrateful in anyway.

    Ok I will do. I'm self employed so I'm taking time off to attend but only from myself rather than an employer. It's still lost time of course. I'll be sure to write it all down. The LLoyds calls alone covered 5 hours with time spent on hold lol, though I won't mention those unless i need to when questioned.


  6. #166
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    being self employed is a difficult one.
    but if it transpires, be sue to let the sheriff know your employment status...

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  7. #167
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    OK will do. I'll just be happy to get absolvitor but expenses would be a bonus. I'll give half of whatever I get to CAGicon.


  8. #168
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    well we know its the sheriff that doesn't like them
    so you might get lucky
    FWIW if you were gainfully employed..
    you can get £90 if you took the day off

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  9. #169
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    Yeah fingers crossed


  10. #170
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    HI dx,

    The claimant has lodged a motion to abandon the action
    could I ask you to delete post 157 or at least remove the line that mentions the name of the solicitor at Shoosmiths.

    I meant to remove the name of the solicitor in the email I posted up from Shoos but having spoken to the solicitor today he asked me to remove it from this website on the basis that it's defamatory because I referred to him as "a muppet".

    I'm not worried about that because i don't think it is defamatory since the comment would have to be false for that to apply. One could easily argue that since the action has been raised spuriously and before any evidence of a legal basis for claim has even been found (and eventually could not be found) and then subsequently abandoned the day before a proof, my comments have some merit. Nonetheless, it wasn't my intention to attack anyone personally.

    I was talking to the solicitor on the recommendation of the sheriff clerk.
    I told them I wanted absolvitor with expenses and not a dismissal and they said that they'd look into what options I have procedurally and get back to me, but meantime I should contact shoosmiths and explain my position.

    I did that and explained that given the hoops I have required to jump through in this case to try and get to the bottom of what the claim is about, not least because the principal agent refused to attend court even when instructed by the sheriff, that I wanted absolvitor to be sure the matter could not be rehashed and brought again.

    I explained that I was considering approaching the FSA on the basis that they are in breach of current guidelines which advise companies not to bring cases which they know are timebarredicon, as appears to be the case here, (and also on the basis that they are raising spurious cases on a speculative basis).

    He is taking his clients instructions and will get back to me on Monday as he couldn't reach them today and is out of the office on Monday. He advised there appears to have been a consolidated loan for which the client has been unable to obtain the required documentation, hence the abandonment. Obviously that's something they should have clarified before raising an action and certainly before now.

    In the meantime, the proof won't go ahead and the claimant's solicitor has advised the court to hold off on delaying with their abandonment motion until he has taken instructions on abandonment with expenses of £300 in my favour.

    The court advised that if the claimant is not agreeable to that I can lodge an incidental motion to have a hearing on the case in order to argue for absolvitor.
    I need to wait until Monday to confirm whether that will be necessary.

    If they decide to raise any further actions in relation to any matter, regardless of the merits, then it would be my intention to involve the FSA and any other relevant bodies to look closely at this claimant, these solicitors and their practices, which amount to nothing more than abuse of legal process, safe in the knowledge that expenses are minimal at £300 in even a case abandoned at the 11th hour.

    There is now way I am going through this again without taking them to task on their practices to the fullest extent and their behaviour in this case and others on this site would support that.

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  11. #171
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    They never expect anyone to defend and in 85% of cases they dont
    They wet themselves and either admit..ignore..or phone and pay..

    If everyone was to stop paying DCAicon's tomorrow the WHOLE industry would collapse overnight

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  12. #172
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    Default

    Yeah its so sad that people don't end up on sites like this where they can realise that and not be exploited.

    Don't get me wrong, i messed up and got myself into a lot of debt when i was younger and I'm not saying I'm not accountable.
    But even with defaults i paid back way more than i ever borrowed and let's not forget that under the current fiat-based monetary system, the money banks lend is created out of thin air and borrowed into existence at zero cost to them anyway!

    Even if you think that's fair, which i don't, it certainly can't be fair for these parasites to come along decades later and pretend to own a debt that you now owe to them, scaring people into making payments.

    If the people on this site were to collectively aporoach the FSA, the press and their politicians with what's really going on in this industry, there would be even more outcry and investigation than we have seen to date,

    particular in relation to certain claimants like cabot abusing the legal system and the low max expenses of the simple procedure with spurious claims they know they can't substantiate, or don't even bother to check they can substantiate

    It's a disgrace.
    cost to the tax payer of processing these eventually-abandoned claims must be huge


  13. #173
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    no its the biggest financial industry there is....

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  14. #174
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    Sadly it is. Hopefully we'll be less financialised after the next global financial crisis. Next year if not before is my bet.


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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    Cabot/Shoosmiths have agreed to Absolvitor with expenses in my favour.

    Thanks so much for all your help with it guys, and especially dx. I really appreciate everything you guys are doing on the site to help people.

    I'll donateicon half the expenses to CAGicon as a thank you and to reflect all the work that dx has put into helping me with the case.

    Cheers


  16. #176
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    I don't think they can initiate that the sheriff has to.
    ?
    why not ring the sheriff clerk and tell them about the letter you have and how does it get actioned?
    you would rather not not? have to attend a further hearing with further expenses you might not get back?

    are the expenses in Absolvitor limited to only £300 then?

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  17. #177
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    I had thought expenses were limited to £300 based on posts ( I think) in the thread but it seems it's limited to 10% of the amount sued for/awarded in claims above £3000 from what I'm reading.

    Anyway I've agreed to £300 on the basis that decree will be for no expenses and have confirmed that to the court, and on the basis that Cabot send a cheque for £300 within 21 days. They didn't want a decree for expenses against them, hence agreeing to payment out with the court process.


  18. #178
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.


    thank you for all your kind words here and the PM.

    yours is a very good example of things and how to do it

    thanks for the incredible donationicon.

    so we can mark this as Absolvitor issued now or has that got to be legally ratified yet?


    dx

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  19. #179
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    Yet to be ratified by the court but just a formality now


    thanks again!


  20. #180
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    Default Re: Cabot/Shoos SPC claim - old Lloyds TSB loan.

    let us know when its been done and we'll update the title.
    ...I mean this is cabot and shoos here...lets not count our eggs yet.


    dx

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