This isn't an income and expenditure sheet, it looks more like part of a personal profile, the type of thing you'd fill in when going bankrupt or entering into a debt management plan. The next step is after they have looked at the information THEY will kindly advise you how much THEY think you can afford to pay They don't require a tenth of this information and you're right, the courts don't ask for this much information., they are even asking you to provide information about your partners earnings and your bank account details, they should not ever be asking for this. Take a look here: http://www.thehanley.co.uk/downloads/inc_exp.pdf for a typical example of an I&E form.

Did they get spanked over costs?

what was the clinching argument?

These "people" rely on you being scared and try to panic you into making payment, this is why their letters look the way they do. Think of it this way, if I turned up at your door and said "you owe me £xxx - pay me immediately" you'd tell me to sling my hook and set the dog on me, and rightly so, this is no different - a Debt Collector has no enforcement powers, only the courts can make you pay anything, only the courts can order possession of your property, this lot are just a bunch of chancers with a file full of template letters, don't be scared of them. http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

There is nothing to be afraid of, you need to make them prove that they have a legal right to be pursuing you, in the letter templates is what is commonly known as a prove it letter, amend it and send this off

Please be patient, it is a Sunday afternoon and a lot of people will be doing their normal Sunday family stuff. If you have never requested PPI and if it appears on the agreement, and if you have been paying it - then it will have been missold and you have a right to have it refunded, Egg have a bit of form for misselling and even had their hand smacked. My own claim against Egg consisted of only a single letter, after which they paid up. A good first point would be to scan in the agreement and after removing or blanking out anything that can identify you and post it on here, it makes it easier to see your arguments and offer constructive advice where possible

Jobs a good un then, you have proof that you have paid the account and that there is no outstanding balance. It makes no difference who "owns" the account as there is nothing outstranding in anyway. We've already covered what this lot cannot do, so you have nothing to worry about at all. Try not to take the phone calls personally, they are trying to scare/intimidate you into making a panic payment - obviously you shouldn't do that - the best thing is if you can make yourself a little annoyed, rather than scared. Send both the original creditor and this lowlife an official complaint for the harrassing and abusive telephone calls you have received when there is no outstanding balance to be collected, also ask on what authority the lowlife is adding charges or interest so as to increase the amount claimed on their begging letters, make sure your letters are headed "OFFICIAL COMPLAINT"

Maybe I'm a spammer, or maybe it's a double bluff, the clues are out there

For your own peace of mind you need to contact the Original Creditor (Treatment Centre) and request in writing a statement showing that there is no amount outstanding and any bill(s) have been paid in full. with such a document you are effectively rendering any claims they make as completely unenforceable in law, You should also, make a formal complaint about the behaviour of their agents, this bunch of parasites are employed by the OC (Treatment Centre) and it is the OC who carry responsibility for their harrassment and abusinve behaviour. If you are unable to handle such confrontations, if they should call again simply refuse to go through any security questions and state "put it in writing please" and hang up, if you are able to record the call, do so and tell them that you are doing so and that you have recordings of all of their previous calls if you feel able to do so, please feel free to abuse or humiliate the chimp on the other end of the phone, Ask for their name address and DOB, ask for their mothers maiden name, all in the name of security when they refuse to provide you with this info, simply state "well I'm afraid I'm going to have to terminate the call" and hang up The very idea that these "people" can arbitrarilly add charges to your bill is outrageous and of course, completely unlawful - they are attempting to scare you into paying them, they cannot take you to court, you cannot be arrested, they want you to pay but don't do anything of the kind

Since most credit cards traditionally had processes which used any payment received to pay off the cheapest items first and left those items which accrued the most interest until last, I would reckon you'll find that any outstanding balance would still be made up (in part) by an amount of capital - it is only recently that these companies have even recognised that this is a standard practice let alone agreed to stop it

It sounds like they are pursuing you for the value of the remaining contract. out of curiosity, how long was remaining on the contract when you defaulted, are they attempting to pursue for future periods?

The CCA letter should be unsigned and posted recorded delivery (registered is better if you can afford it) obtain proof of posting and proof of delivery of all correspondence.

My final word: I suggest you read very carefully what has been written, BEFORE deciding to wade in, there is nothing wrong with the advise that has been proffered on this thread.

If you're going to correct me then at least try to correct something I have actually said. I have not said that "the claim" is set aside - that would be as foolish as correcting something that nobody has actually said - What I did I say was that after a set aside the claim is returned to its initial state - where it can be re-served and the defendant given a proper opportunity to mount a defence. something which was denied them the first time. Also, the OP hasn't fought the claim, the OP has simply been granted a set aside by the court, nothing has yet been won or lost.

I appreciate that this is late in the day but could you scan the documents, remove anything which could identify you and post them on here. It would be difficult to pinpoint any aspects of a defence otherwise - ie what is wrong with the documents they have provided?

For the record, there is no allowance in law for such a thing as a representation of an NOA, it either a true copy of the NOA or it is not and if it is not, then what exactly is it? Whilst they may be currently relying on their use of Carey to bamboozle judges about accepting a reconstructed agreement as proof of a relationship, there is no such allowance in the Law of Property for a fabricated NOA

Please don't take my response as gospel or as being 100% correct, that is just my understanding of their standpoint, I have been known to be wrong before. I do not believe the same argument would apply to any claim brought against a loan which has not run its full period (as demonstrated by Rhia) I believe that (in this case) Cabot are actually following the Terms and Conditions of the agreement and are therefore acting in line with the requirements of the CCA. If the terms and conditions allow a borrower to miss say three payment before action is taken on the account, there is commonly a stipulated period within which the entire balance would need to be paid to rectify the breach. Failure to pay this outstanding balance within the stipulated period would mean that the full amount becomes past due in line with the terms and conditions of the agreement and thereafter can be classed as arrears. I think its a bit of an interpretation and use of wordplay but it seems correct IMHO

My understanding after a set aside as in this case - is that the claim is returned to the point where they would be required to bring a new claim or have the original claim re-served, and since to date no defence has ever been served on Cabot by the OP, there would be nothing at this stage to discontinue. IMHO Cabot are attempting to withdraw the claim before the OP can take any action which may leave Cabot liable for costs and the like when their case is found wanting - I would use this to get finality on the whole matter.

My understanding is: In the case of running credit - card or similar - If the terms and conditions state that you must pay £xxx (month 1) every 30 days and you do not, then in line with the T&C upon breach only month 1 is immediately outstanding and month 1is in arrears for as long as it is unpaid, this would be the same for month2 and month 3 and for however long the T&C allow these defaulted periods to be repaid, once the repayment period has elapsed the whole balance becomes payable and the credit facility is normally removed. at this point the outstanding balance is arrears. With a loan, if the loan period has expired, then the entire outstanding balance can be arrears - if the loan was initially for say four years, then since this period has passed, the balance remaining would be arrears

It looks like this one is a winner, but if they withdraw now, is there anything to stop them simply selling it on to another bunch of parasites? Bearing in mind that it is they who have broached the subject of withdrawing, if they felt that they had even half a case, believe me they would continue, so that in itself is a positive thing. However, I would suggest contacting Morgan and have them amend the consent order to include the removal of any adverse information/defaults etc and also offer an assurance that this account will not be transferred nor sold in any way whatsoever, it would seem prudent that you want finality of this matter in return for their not having to pay your costs

Mike you have up to 28 days to submit your defence, this will be based on the information they send to you, You can write a letter of complaint, however there is no hurry at this point int time, Most DCAs seem to operate on their own timescales and the courts seem to accept this, so don't be too surprised if their 7 days becomes 10 or 12, the court will not punish them for such a breach, if they provide you with the information at all is acceptable to a lot of judges. wait and see if anything turns up in Mondays post

If the charges are not laid out in the terms and conditions of the agreement, then they cannot apply that charge, phrases included in the T&C which refer to generic charges would be unfair as the amount and purpose of any charge which can be applied must be laid out clearly in the T&C

In the absence of any proof or documentation we are going to rely on an inappropriate latin phrase, now would you please make a payment. Obviously that Latin phrase will trump the CCA, CPUTR, OFT guidelines, CP Rules, and even the most basic shred of common sense. As previously stated, they have been given ample opportunity to furnish you with proof of their claims, you have been more than generous with your time allowances and extensions to your original deadlines. bThe law only allows them 12 days, you have allowed them 7 months and still they insist on more time, perhaps relying on evolution to provide them with some supporting evidence? I think a line needs to be drawn under this and no further correspondence entered into. after all if you use their understanding of "omnia praesumuntur rite et solemniter esse acta (all things are presumed to be correctly done)" it would indicate that it is acceptable to presume that the execution of the will has been correctly performed in absence of any evidence to the contrary.

send them the account in dispute letter, the original CCA request still hasn't been fulfilled, until it is, then you have no way of knowing whether the people writing to you have any right to be doing so

Moorcroft are nothing but bull and bluster, amatuerish in the extreme Send the CCA, don't sign anything get proof of posting and proof of delivery and then wait to see how long it takes them to return the account to their client lol,