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)


+ Reply to Thread
Page 2 of 3 FirstFirst 1 2 3 LastLast
Results 21 to 40 of 55
  1. #21
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    with a view to a co, but that's rectums for you..
    they say court action will be issued against you but don't give a firm date yet.

    now citi and bmibaby
    your in the citi forum already time to go read up!

    use the search CAGicon box of the top red toolbar
    citi bmibaby

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  2. #22
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    Ok thanks, so if they have just sent me the terms and conditions with my name on, can they not take me to court with just those documents as they need the original documents to go to court, even if it was an internet application.

    Dont know what to do now, do i just wait to see what they do next or is their anything else i should be doing.

    regards


  3. #23
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    did you go read those threads?

    there is no even a tick box on those docs!

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  4. #24
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    Yes i have read some of them, seems that they just send out copies of terms and conditions with a name and address and try pass that as a an agreement.

    There is no tick box on there , so is that why it would not stand up in court?


  5. #25
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    nor be enforceable under the CCA

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  6. #26
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    Hello, Restons have now sent me a letter (attached) advising in 14 days from the date of the letter (9th March) they will be issuing legal proceedings against me, as they have now complied with the CCA Requesticon.

    Is there anything I should do to reply, or do I just wait for the court papers and then advise I wish to defend it on the basis their CCA was not legally binding in a court.

    I am not sure what i should be doing, or if I need to reply.

    Your help is greatly appreciated, as i am getting worried now that they will actually issue against me.

    regards

    Attached Files

  7. #27
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    they must abide by pre action protocol.

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  8. #28
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    what is pre action protocol? I do apologise I dont know what that is.


  9. #29
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  10. #30
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons - old Citi financial debt

    I have received the small claimsicon county courticon claim issued 3rd may 2018, just need to know what to do,

    With regard to the pre action protocol which came into force on 17th October 2017,
    I understand, but what if the threatening letters from Restons were from before this time,
    as is the case here,
    as they were sending me letters about this debt in September 2017 saying they could take me to court,
    then does the PAP still apply,
    or is it that as they have issued court papers on 3rd May then they should have gone through the new PAP procedures first.

    Hope this makes sense.

    Follows
    0
    Following
    0

  11. #31
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    they should have gone thru PAP
    but that's for later now

    please complete this:
    https://www.consumeractiongroup.co.u...UPDATED-2018**

    moved to legals

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  12. #32
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    Name of the claimant is Cabot Financial (uk) Ltd

    Date of issue – 3rd May 2018
    Date to acknowledge) = 21/5/18
    date to submit defence = 4/6/18

    What is the claim for – the reason they have issued the claim?

    The claimant claims payment of the overdue balance due from the Defendant(s) under a Citifinancial branded credit facility issued pursuant to a contract agreed by the defendant(s) on or about Nov 23 2007 and assigned to the claimant on Sep 02 2010 PARTICULARS a/c no 00054xxxxxxxxxxxxxx

    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

    What is the value of the claim? 3199.87 plus costs total 3464.87

    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

    When did you enter into the original agreement before or after 2007? In 2007

    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. Debt purchaser has issued the claim

    Were you aware the account had been assigned – did you receive a Notice of Assignment? I think I did, I knew from letters I had received that it had been assigned, whether I received official notification back in 2010 I cannot recall.

    Did you receive a Default Notice from the original creditor? Not sure.

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure.

    Why did you cease payments?

    Financial Hardship, I had been making agreed payments of 1 per month since 2010 until 2017 but they stopped, after my situation got worse. I tried to reinstate payments but they refused to accept my proposalsu

    What was the date of your last payment? Probably March 2017

    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 managementicon planicon?

    I agreed a repayment planicon of 1 per month which ran from around 2010 to 2017


    Follows
    0
    Following
    0

  13. #33
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    pop up on the MCOL website detailed on the claimformicon.
    .
    register as an individual
    note the long gateway number given
    then log in
    .
    select respond to a claim and select the start 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 Requesticon running to the claimant
    leave the 1PO blank and uncrossed
    .
    get a CPR 31:14icon request running to the solicitors
    .
    type your name ONLY

    no need to sign anything
    .
    you DO NOT await the return of paperwork.
    you MUST file a defenceicon regardless by day 33 from the date on the claimform.

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  14. #34
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    Thanks I have sent my CPR request by recorded delivery on the 14th May. So now i have to compile my defence and send it to the court by 4th June. So how do I actually do this?


  15. #35
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    notodebt Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Nov 2016
    Posts : 102 (0.16 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    Check the threads on here they are full of great information and the guys on here give sound advice.
    Reading your post it is classic tactics from DCAicon in demanding money after all they are on commission so have no desire to help you out.

    Check my current thread - Lowell and halifaxicon OD ,
    I sent CPR request to DCA and still not complied,
    just gone through Mediationicon which failed so on to court.

    Judging by your information and the dates Cabot will not have any decent documents to produce
    ,the debt may even be statue barred but you won't know this till you get your CPR request completed.

    Be prepared to get calls and more letters from Cabots offering percentage off or a couple of threatograms


  16. #36
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    Thanks for your reply, the case has already gone to court, and I have to put in my defence by 4th June, but not had a reply to the CPR request yet, and dont jnow where to start with the defence or how to write one, any help gratefully received.


  17. #37
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    the case hasn't already gone to court
    you don't need a reply
    read like thread 1000's here already
    have a go we'll advise.

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  18. #38
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    Thanks, is there any threads you reccomend, or places to start, I have read some threads but there are too many to sift through, I need to put a defence to say the credit agreement they sent me is not signed i think, and they have not followed the pre protocols that have recently been introduced. Havent got a clue where to start.


  19. #39
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,977 (27.72 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    search CAGicon box top red toolbar

    claimformicon reston card

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  20. #40
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    zaggacom Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 34 (0.01 post per day)

    Default Re: Cabot/Restons claimform - old Citi financial debt

    Here is my first draft of my defence, I have had a go, dont know if this is adequate or worded correctly, please advise accordingly, I am basing it on the fact the cca copy they sent me does not have my signature and is just a copy of the terms and conditions with my name and addreess on, they have not sent me a notice of assignment or not that i can remember, they have not followed pre action protocol and they have not yet responded to my cpr request.

    Particulars of Claim.
    DATE ITEM VALUE

    17/8/2017 Default Balance 3199.878

    Post Refrl Credit NIL


    The claimant claims payment of the overdue balance due from the Defendant(s) under a Citifinancial branded credit facility issued pursuant to a contract agreed by the Defendant(s) on or about Nov 23 2007 and assigned to the claimant on Sep 02 2010

    PARTICULARS a/c no 00054xxxxxxxxxxxxxx

    Total 3199.87



    No Letter of assignment dated sept 02 2010

    No firm date of when credit card issued, "on or about 23rd Nov 2007"

    CCA Requesticon no signature on cca. Reconstituted agreement

    No response to cpr 31.14 issued on 14may 2018.

    No Pre protocol letter received


    Defence

    The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

    It is admitted with regards to the Defendant once having had a credit facility with the original creditor citi Financial. However, the Defendant is unable to say what specific date the contract was entered into, neither it appears can the Claimant, as in the particulars of claim they state that the contract was on or about Nov 23 2007.


    The claimant is therefore put to strict proof to clarify its claim. Irrespective it is denied that I am indebted for the alleged balance claimed.

    I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

    On receipt of the money claim formicon from the Claimant, I requested under section 78 of the consumer crediticon Act a copy of the credit agreement, they subsequently sent me a reconstituted copy of terms and conditions dated 30 04 2007. There is no signature on the terms and conditions and I understand this makes it unenforceable in court under the terms of the 1974 Consumer Credit Act.

    On receipt of this claim i requested further information to clarify the alleged debt by way of a CPR 31.14 requested 14th May 2018. The claimant has refused to comply with this request.

    The Claimant has not complied with Pre Action Protocol and the Defendant has not received any correspondence that complies with Pre Action Protocol before this legal claim was undertook.

    Therefore the claimant is put to strict proof to:-.

    (a) Provide a copy of the credit agreement that complies with section 78 of the Consumer Credit Act 1974, along with the Terms and conditions at inception that this claim is based on.
    (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Default/Demand /Recall Notice and Notice of Assignment.
    (c) Show how they have complied with Pre Action Protocol .

    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details