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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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Received Cabot Fashion World CCA Finally


London1971
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Hi All,

 

Cabot Group £231.13

Default date 15.1.15

OC Fashion World

 

I received a so called reconstituted agreement from them, along with a letter saying they now consider the agreement enforceable.

 

It looks like something a 10 year old could knock together on Word, but I was hoping someone who knows better than me could tell me if it's enforceable.

 

Neither the agreement or the terms & conditions are dated, if that makes a difference. They also sent a statement of charges. About £30 of that £231 are interest charges !

 

Should I just sit tight and wait for a claim form or is there anything else I should be doing here. I have attached the documents,

 

Thanks in advance

cabotcca.pdf

cabotccatc.pdf

We could do with some help from you.

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What date did you enter into this agreement ?

 

I assume your signature is not on it or you have blanked it out ?

 

 

Andy

We could do with some help from you.

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Hi there, thanks for responding,

 

Agreement taken out Nov '13,

 

No signature present,

We could do with some help from you.

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IF cabot have the debt, then its unenforceable. be it charges, penalty fees, incorrect paperwork etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi there, thanks for responding,

 

Agreement taken out Nov '13,

 

No signature present,

 

Then the above would be deemed acceptable with regards to compliance to sections 77/78.....assuming all the details are correct and an exact copy of the original agreement.

We could do with some help from you.

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Worth just paying up as it's only £231 just to remove the threat of a claimform?

We could do with some help from you.

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Wait for any claim form then pay....or possibly defend and see if they can proceed...and if you lose then pay...no CCJ?

We could do with some help from you.

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Ok, do you have a full set of statements from OC or Cabots? You say interest charges of £31 but what about charges and fees from the time the account was active. These will almost certainly be unlwful and unfair so agin get the figures and use them to beat them with if they send a POC as under the new rules getting that wrong will incur penalties of up to 50% of the value of the claim Give them your figures at the correct time and they will have to drop the claim and you will have cost them money and saved yourself a few quid. Put aside a small amount on a regular basis into another account ready to pay up what is actually due when the time comes

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Dont pay until you find out whats wrong with the debt. Cabot dont enforce legit debts. They never have. Theres always something wrong with them. Theyre exactly like marlins were/are. Bottom feeders.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Great advice here as always, I will wait for the claim form if and when it arrives, will deal with it

We could do with some help from you.

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no, get the statements sorted out now so you have somehting to use if a claim does land on your doormat. Leave it until that ;ppoint and you are on the back foot trying to get info when you then only have a fortnight to respond. Do your homework now so you can be confident about waht the furure is

Great advice here as always, I will wait for the claim form if and when it arrives, will deal with it
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Thanks. The Statement that Cabot sent, is itemised with list of everything that was brought and a list of interest charges, it is a significant amount for such a small debt too

 

Would you suggest is is worth sending an SAR to Fashion World?

 

Are interest charges a good defence?

 

I ask this because I have another similar one from Capquest, and just looked through the statement, there is more than £400 in interest !

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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no.

yes get an sar running

you never know what it will throw up

but remember

the claimant if a claim is issued

can ONLY rely upon what they produce

 

what you hold you keep to yourself unless advised otherwise

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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Great thanks, I will get an SAR out .

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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