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mystic_bertie

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Everything posted by mystic_bertie

  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. ploddertom many thanks for your reply, that's great advice too. Ill do this too The seller has hand written me a receipt with the necessary details on it and he is sending it to me. Ill hold onto this plus the bank statement. cheers guys
  3. Ethel Street Many thanks for your reply, thats a good suggestion, i have suggested this to the seller so ill await his reply. thanks
  4. Ethel - many thanks for your reply and for the link. Thats a good point you make about the bailiffs although i hope that never happens too. The template on the AA site looks ideal and i will ask the previous owner to complete this and send it to me. Many thanks.
  5. Hi guys I bought a car privately for £1500 cash for my girlfriend to use. She will be the registered keeper as this also makes the insurance cheaper. She will be the registered keeper and main and only user of the car. I withdrew the cash from my bank account and bought the car without any kind of receipt. How can i prove ownership in the event of a break up and i want to keep this car that i paid for? My girlfriend is aware of this so im not doing anything sneaky. If necessary i could ask the previous owner for a written receipt. thanks
  6. i received an update letter today from Cabot. Were still processing your request, we have contacted the original lender for the relevant information. As we haven't been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request. This means we are not permitted to obtain a judgement or decree against you in court.
  7. dx - many thanks for your reply, ill get reading and get my research done so im ready. Thanks
  8. dx many thanks for your reply. i successfully submitted my defence on the MCOL website. I really appreciate your help Andy many thanks for sorting out my defence letter, i have submitted it on the MCOL website so we can wait and see what happens next. I couldn't have done this without your guys amazing help.
  9. Andy many thanks for posting the link. Dx thanks for your link, i have basically copied the reply in the post 12 in the first thread in the search results. Here is my defence - do i send this to the court by recorded delivery and do i need to sign the letter? ;;;;;;;;;;;;;;;;;;;; 1. By an agreement between Bank Of Scotland and the defendant on or around 28/11/2008 ('the agreement') Bank of Scotland agreed to issue the defendant with a credit card. 2, The defendant failed to make the minimum payments due and the agreement was terminated. 3.The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1961.62 2. Costs. TOTAL - £2146.62 (including courts fees) Defence 1. The Defendant contends that the particulars of 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. 2. Paragraph 1 is noted. I have in the past had financial dealings with the Bank of Scotland . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 noted but the claimant is put to strict proof to evidence when and how the defendant failed to make the minimum payments due and the agreement was terminated and service of a Notice of Default and Sums in Arrears Notices pursuant to the CCA1974. 4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief
  10. I have searched 'claimfom cabot card' and i have gone through the 10 pages of search results but i dont see anything that relates to a BOS credit card or how to file a defense. Sorry again but i did try.
  11. dx - many thanks for your reply, i missed the part about filing a defence and i apologise for this. The link in your post for filing a defence is not working could you be so kind as to point me in the right direction.
  12. dx - thanks for your reply, is that what i did on the MCOL website? Claim HistoryA claim was issued against you on 28/11/2018 Your acknowledgment of service was submitted on 18/12/2018 at 14:00:12 Your acknowledgment of service was received on 18/12/2018 at 16:01:55
  13. Happy new year dx many thanks for your reply, i got the CCA request sent off and the CPR 31.14 sent off about 10 days ago. I just received a letter from the solicitors. It refers to my letter dated the 5th Dec so that must be the CCA i sent to them earlier in the month. They are saying they dont have the necessary documents that i have requested and so they have asked their client to provide then. They said they have put the matter on hold for now. SHould i post a copy of the letter?
  14. cheers andy do i also need to send off the CPR 31.14 Request for credit cards? To be honest this is getting complicated for me.
  15. Name of the Claimant ? - CABOT FINANCIAL (UK) LIMITED Date of issue – . - 28th Nov 2018 Particulars of Claim - 1. By an agreement between Bank Of Scotland and the defendant on or around 28/11/2008 ('the agreement') Bank of Scotland agreed to issue the defendant with a credit card. 2, The defendant failed to make the minimum payments due and the agreement was terminated. 3.The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1961.62 2. Costs. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes i think that was the PAP letter i received. What is the total value of the claim? 2146.62 (including courts fees) 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 April 2007 ? - after Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? - no 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? - yes Did you receive a Default Notice from the original creditor? - yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - i dont know Why did you cease payments? - advised on this forum the debt might not be legally enforceable so i choose not to pay. What was the date of your last payment? - i was making token payments through step-change so my last payment of £1 was in Aug 2016. 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 management planicon? - yes i was in a DAS and also making payments through step-change.
  16. andy thanks for your reply - i was able to do the acknowledgment of service and choose to defend all of the claim.
  17. dx thanks for your reply. The issue date on the claim form is 28th Nov. I received the letter late because of it being sent to my old address and it being redirected. Today is the 18th Dec does it look like i have failed to respond within 19 days?
  18. It looks like i left it a bit late to send off my CCA request and my letter. I received a letter for them taking me to court. What do you guys suggest i do now? I have attached the pdf. court letter.pdf
  19. king this is a good point, i was ok waiting 1 week but the way it dragged out was very frustrating when you dont have a spare. Next time its urgent ill just have to take the hit and go to the tyre shop locally.
  20. king thanks for your comments. surfer i believe Camskill are good on customer service, dpd is not their chosen courier, its because the tyres came from goodyear in germany and this is the courier they use, in my experience dpd are worse than useless. Im please to say they agreed on giving me the tyres for half price so i paid them £150 and the matter is now resolved. I guess it was worth laying it on thick at least they done the decent thing. I will use this company again should i wish to order any more tyres in the future. Thanks to everyone for their input.
  21. dx - many thanks for your reply. Ill write what you have suggested and get this posted asap. Thanks again
  22. dx - i sent them an email asking for the number for their legal dept and then half an hour later i got a call from them. A woman claiming to be from the legal dept. I discussed all my inconvenience with her and i said i might accept a reduced amount and keep the tyres, i did lay it on really thick. SHe said she would talk to the sales team and the manager and then get back to me. The next day i got a call and i was offered £50 off. I ended up going into rant mode and told them how insulting that was, i said i wont accept any less than half. im waiting on her getting back to me.. I need the tryes anyway i may as well keep them, i just have to hope i get a decent discount Many thanks for your help. ANdy thanks for the reply. Ill hopefully sort something out with the price of the tyres but yeah good to point that out. king - no i asked for compensation by email at the point i only had 2 tyres, after receiving the other 2 i thought i may as well hold onto them and dropped my pursuit for compensation. Thanks for your advice. erics - It does seem a bit rubbish i would need to waste another day waiting in for a collection, if i decided to go that route. I have not done anything with the tyres and they are in my garage.
  23. I kept a note of the amounts and default dates, the debt does not show up on my credit file. I did not complete the DAS due to unemployment, after more than one payment break they cancelled the DAS. Thats when it got handed to step-change to deal with.
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