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Everything posted by glennyboy

  1. I have hunted high and low for all the paperwork relating to this, but it looks like I have thrown it out, not thinking it was still relevant. Searching this thread shows the following timings. Right, I have had no communication with Cabot since my S.A.R Request was not complied with on 18 th Nov 2008. I received a similiar threat of legal action from a Solicitors callede Morgan's in March 2012. They obviously did not proceed. I have found the following advice below regarding statute barred debt. Does the fact that they have fired off a set of computer generated letters count as "regular contact" Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period. If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt. A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations. It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired. A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred. A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts. Complaints to the Financial Ombudsmanicon Service and initiating legal proceedings A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to the firm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service. If I have to start this all over again , shall I S.A.R. Cabot or Marlin. I dont really know what Marlin's role in all this is. I have also noticed that this debt has gone from £3717 to £4106, with no apparent reason. Regards Glennyboy
  2. Well, believe it or not, Cabot have popped their head up again. I regularly received computer generated threats from them over the years, which I have ignored because all my previous requests have been ignored. Anyway, long story short, Cabots have passed this to Marlin Financial Services Ltd, who have instructed Restons Solicitors to seek immediate payment. Restons state that Cabot were assigned the rights to the account account on or around March 5th 2008.That's coming up for nearly 7 years ago ! They are saying they will apply for a County Court judgement if full payment not received by 25th Feb 2015. They have also offered "an opportunity for you to clear the account at a specially discounted settlement figure which could represent a substantial saving for you" Quite simply, is this debt enforceable after nearly seven years , and the non compliance of all concerned. I am loathed to contact any of these people after all these years in case it kicks it all off again. Anyone able to offer any advice ? Regards Glennyboy
  3. I have checked the account and they are taking payments via debit card autopay. Any idea how I cancel that ?some of the stories on here are dreadful.
  4. After years of financial grief I finally got myself in a position where I could breathe. I took retirement from work and receive a modest pension, but am still six years short of the State pension. I have had an absolutely awful year, with my other half getting breast cancer and all that entails, keeping our car going and hundred mile round trips to hospital. I ran short of money and I took out a loan with Quick Quid Flexcredit, and now owe them £1200. I have used them occasionally for a few years , purely because my bank point blank wouldn't entertain me for a loan, and I have always cleared the debt (at their huge interest rates) Bottom line is I have absolutely run out of money and really cant afford the £453 instalment they want this month, on the 6th. My priority is looking after my other half and keeping the roof over our head. Can I tell them I am in trouble and ask to stop the debt interest mounting? If I cancel the direct debit, would they accept a lesser sum each month? To be honest, I am at my wits end. I don't care about adverse entries on my file. Its small beans compared to what we've dealt with this year. Any help gratefully received
  5. Thanks for the advice. I think Ill sit tight and go for Statute Barred if they push it to Court. Anyone got a link to the letter ? Thanks a lot
  6. I have spent half a day digging in the loft for paperwork. Looking at it I have found the following: May 2007 - CCA Request to Fredericksons Solicitors and Capquest. Ignored by Fredericksons and letter from Capquest returned cheque stating Egg can't provide one. April 2008 - Bryan Carter Solicitors file Court claim . They were CCA'D and requested to provide all information under Civil Proceedings Rules. Both requests ignored. Defence filed. My 2008 Discontinued at Court Nov 2008 - Assigned to Lewis (CL Finance) Debt Recovery. Informed that this matter is still in dispute. CCA'd - no response. Jan 2009 - Lewis and Howard Cohen Solicitors are preparing Court papers. Both are informed that this is a) IN DISPUTE B) Already been to Court and discontinued. No response, ut no Court action either. Dec 2013 - Robinson Way ( HLH Holdings) now state that they are passing to Dryden Fairfax to consider Court action. As far as I can see, the last payment to Egg was Dec 2007. I cant believe these people are still hounding me after all this time. My other half is very ill with breast cancer and I'm struggling to cope with this as well. I am loathe to acknowledge any contact from anyone after all this time in case it restarts any sort of clock( statute barred ? Also..... on checking my Egg statement up to Dec 2007, there are a number of " Credit Card Repayment Protector" debits totalling nearly £800 !!. How did I miss that one. Sorry it's a bit long winded, but I really needed a New Year offload . Any suggestions ?
  7. Well, five years later Robinson Way are now telling me that Dryden Fairfax will be considering court action. Nothing has ever been resolved regarding my CCA and lost payments to Capquest and I now have to dig out all my previous paperwork (if I can find it !), including the discontinuance letter. Good start to the New Year.
  8. Hi everyone, Yes , look at my last post, it has been that long. Cabot have been firing letters at me every month since they have failed to comply with my requests. They have mentioned repayment plans I have never set up and failed payments I have never agreed to send. I know they are all computer generated. I have now been contacted by Morgans Solicitors on their behalf. Dear Glennyboy We write on behalf of Cabot Financial (UK) limited with regards to your account. In order for you to fully understand and appropriately respond to this letter, we are providing you with the folllowing informationrelating to your account: a) Name Glennyby b)Account No c)Creditor Goldfish Bank d)Date debt was asigned - 05/03/2008 e)Current balance £3717.49 - Increased by £226 for no apparent reason f) A notice of assignment has been sent to you. Your acount is in default and the outstanding balance is now payable immediately. This is an important letter and you are obliged to respond to this letterby writing to us by virtue of the Practice Direction to the Pre Action Protocols within the Civil Procedure Rules 1998. If we do not receive a response within one month of the date of this letter, legal proceedings will be issued against you without any further notice or warning to you. If you intend to represent yourself in any forthcoming proposed legal proceedings, we can provide you with a copy of the Practice Direction upon request. We are obliged to inform you that should you not comply with the Practice Direction, the Court has the power to impose sanctions, which may include costs. Being as Cabot have failed to comply with my previous requests , what next ? Shall I ask this lot to send me all the documents on which they will rely, or wait and see if it is all buff
  9. **Stop Press** **Settled** My wife has just received a cheque for £387.00p in settlement. Collect Services (quote) "Have made this offer with no acceptance of liability. It is merely commercially expedient to settle your claim." And I was just about to submit the papers and £50 fee. Result!! Thank you all for your excellent advice. The most knowledgable group around !!! Brilliant.:-D
  10. Court date on 30 th March.We are about to submit all copies of paperwork on which we are relying, to Collect Services and the Court, and pay the £50 fee. Where can I find a printable version of THROSSELL V LEEDS CITY COUNCIL ?. I can't seem to find one anywhere. Thanks Glennyboy
  11. Sorry I probably didn't make that clear. Her thoughts are if the Judge were to find for the bailiffs, would it count as a County Court Judgement against her because she lost the claim? I am confident but she has no experience of Court, Judges etc.
  12. Right, it's taken a while but my wife has now been given a date to attend at Court. She is now panicking that if she loses her claim A)She will be liable for the bailliffs court costs , and B) Have a CCJ AGAINST her because she has lost. Anyone advise us please? Thanks
  13. If we go down this path, do we have to contact the Court and resubmit the claim as above? i.e the whole amount from council and bailliffs. Sorry if it seems I'm a bit dim but my wife and I live a long way apart anf I havent physically seen the defence documents yet.
  14. No. My wife is quite nervous about this. She thinks that it may affect her credit rating if she loses at Court. If it turns out that my daughter should have claimed (even though my wife paid the bill),can we claim again in her name?
  15. Ok. My wife has now claimed against these people for the previously mentioned sum. They have come back with following defence: We have enforced two warrants issued by Hillingdon Borough Council against Ms **** **** (my daughter) in accordance with Enforcement of Road Traffic Debt (Certified Bailliffs 1993 amended 2003). Further details of particulars have not been provided by Claimant ( even though we have copies of the previous letters sent signed for on delivery, so they know full well what the amount claimed is and why). Collect Services have not carried out any enforcement action against the Claimant (i.e my wife, who paid the inflated invoice) My wife is now panicking because we may have cocked up the process. Thoughts please.
  16. I have written the following to Credit Services on 17th August: LETTER BEFORE ACTION CASE NUMBERS ******/******** Dear Sir/Madam Thank you for providing the statements and screen shots of account dated 21 June 2010, relating to two unpaid Penalty Charge Notices. Upon examination of your charges, it is clear that you have charged fees twice on each single visit . This not allowed. These second fees are not an “actual and necessary cost” (Throssell v Leeds City Council (1993). You have also charged “attendance to remove” before you have levied . This is also wrong , confirmed by the recent ruling in Culligan v Simkin & Marstons Group (2008) at paragraphs 49 and 50. No form 9 was served at the address. I am fully conversant with the fees prescribed in The Enforcement of Road Traffic Debts Order 1993. I therefore calculate that you have wrongly charged me: Visit/Levy Fee 1 £55.23 on 07.04.2010 Attendance to remove £104.50p on 07.04.2010 Visit/Levy fee 2 £68.15 on 22.04.2010 Attendance to remove £124.75 on 22.04.2010 Total £352.63p I request that these unlawfully applied fees are refunded forthwith. If you have not responded within fourteen days of this request , I will proceed by way of Court. Besides requesting a refund of unlawful charges, and reasonable costs incurred in dealing with this matter I will request that you give proper evidence that these two visits have taken place. I will also ask you to explain how what you have charged for these two alleged visits represents “actual and necessary costs” They have failed to respond and I am now in the process of compiling the Money Claim Online. Must it all be done in my wife's name or can I act as her agent? Who do I claim against, the company, the named bailiffs or both ? Any help much appreciated.
  17. Be very careful with these people. They have charged my wife £756 for two parking tickets!! I am just compiling my case for Court owing to the various wrong charges they have come up with.
  18. I have looked at Culligan v Simpkin and Marstons and am massively confused, mainly because it appears to be about clamping. Looking at the Charges, shouldn't the Levy Fees and Attendance to remove fees be the same on each invoice? When I fill out the money claim is it : My Wife v bailiff 1, bailiff 2 and Collect Services?
  19. Thanks, I thought it was wrong to charge twice for one visit. Ithink I'll go straight to Court and see how they like it. Can't be good for their reputation to have a County Court judgement on their files.
  20. Right, these robbers have finally sent me a breakdown of their costs. I'll try and be as concise as possible. There were two parking tickets on two seperate occasions-not disputed. The breakdown shows the costs on two seperate breakdowns. Two bailliffs have called at her address (together) on two occasions, April 7th 2010 and April 22nd 2010. The first invoice shows: Costs-£5 Debt-£90 (Ticket ?) Letter fee- £11.20 Visit/Levy Fee 1-£30-7th April 2010 Attending to remove-£88.94-22nd April 2010 Visit / Levy fee 2- £58-22nd April 2010 C/C £401-£600 (?) - £0.00 C/C £>£600 - £21.28 First Total plus v.a.t = £341.06 The second Invoice for the other ticket shows: Costs-£5 Debt-£150 (Ticket ?) Letter fee- £11.20 Visit/Levy Fee 1-£47-7th April 2010 Visit / Levy fee 2- £57 -22nd April 2010 Attending to remove-£106.17-22nd April 2010 Second total plus VAT = £415.12 Firstly I dont see how the two debts (tickets) are different amounts. The bill charges twice, despite the two bailiffs visiting together on both visits. Is this legal. ? If we to take these people to Court(with me doing the writing), who should claim. My wife, who paid the bill, or my daughter who incurred the tickets? Any help greatly appreciated !!!
  21. My wife contacted Mastercard to see if she could stop the payment within four hours and they sais it couldn't be done. What exactly is chargeback, and is it too late to ask for one?
  22. Where can I find the guidelines for scales of charges etc for baillifs? In the meantime I have sent them this. Not that I hold out any hope of them complying. Dear Sir/ Madam, I refer to your letter dated 21st May 2010. With reference to the above account which was settled by my mother on 29.04.2010 , for the sum of £754.00p. You have not provided a full breakdown of your charges including a Computer Screenshot. I hereby give written authorisation for her to act fully on my behalf with regard to this matter. She has also requested the following information : a - the time & date of any Bailiff action that incurred a Fee. b - the reason for the fee. c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - the name(s) of the Court(s) the Bailiff(s) was/were Cerificated at. e - the date of the Certification. As clearly stated in my mother’s letter, this is not Subject access request Under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information. I require this information within 14 days. Sincerely, Miss Ripped Off
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