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Cornucopia

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Everything posted by Cornucopia

  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. 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
  3. 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
  4. 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
  5. 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
  6. Hi Manc, has your account been passed to Cabot or have you never had a reply from the original creditor to your CCA request? I am curious now about the whole thing. As I said in my post earlier today, I have been thinking about my GF situation recently simply because I haven't heard anything in such a long time and I am half expecting something to pop up now. Like Duffers Mum, I hope I am not tempting fate! The whole thing is really really odd. I may be wrong, but I suspect that there is no, or very little, remaining paperwork as somebody has been a bit slap happy with the shredder. I gu
  7. Well that's good news Duffers Mum! It is not statute barred is it? I have been thinking about it a lot lately but haven't done anything about anything for so long for various reasons that I am completely out of the loop with what's going on these days! I think sometimes just watching and waiting is the best approach! Regards, Corn:-)
  8. Goodness me! Could you expand? Did they have an agreement to produce? I am curious because agreements seem to have disappeared for many since the BC takeover. I am pleased to hear that the case was dismissed. Regards, Corn
  9. Funny, I was just thinking about this the other day. I haven't heard anything since October 09 when I last posted on this subject. So nearly 2 years. I have no idea what is happening and have just let sleeping dogs lie. Would be interested to hear if anybody else has any news. Regards, Corn
  10. Well this is an interesting turn of events! Having received the same letter as a few of you stating that they were treating the balance as irrecoverable as they could not provide an agreement (that was in May 2008), this morning I have received a letter enclosing a year's worth of statements from 2006/2007 and stating that this was "sufficient" evidence that the account exists and could I ring them to tell them how I am going to pay them back! They are obviously working down a list as evidenced by the posts here! I cannot see how they can enforce this without a signed agreement. They a
  11. Manc, you already have a letter from Cabot stating the debt was not recoverable, so why would they then think that providing statements was evidence enough? Er, I don't think so! I wonder if this will be a new tactic because they can't collect on any of the debts they bought in relation to Goldfish? Quite unbelievable. Regards, Corn x:)
  12. Reggie, do you want the name of my barrister? Please do feel free to contact me if you do. It cost us around £2K for his input but we were dealing with a £16K debt which has, because of his input, now gone. Rhia has the same barrister for her case. Obviously I realise that not everybody has the money to do this and actually under ordinary circumstances we wouldn't have done either, we just happened to be a bit flush at the time because my husband had a lucrative work contract. However, without the barrister's input, we would have hopelessly lost. So, you need to think about it. Also, site
  13. Pedross, apologies for not replying to your original post to me more quickly! It seems that others have posted since and have answered as I would have done! This is the problem isn't it? Most debtors wouldn't have a clue about the intricacies of a default notice or termination notice and would probably just accept the re-issue and not bring that particular point of law to the attention of the presiding Judge. When I attended Rhia's court case, it was shocking to hear the Judge basically say "well we can't have this, we'll be inundated"!!!! So, I do think they often rely on the debtors
  14. Right, if the default notice is invalid, this should be a full defence on its' own and I am very surprised that your DJ thought this was irrelevant, because that is simply not the case under current laws. The creditor can repair the paperwork ie : terminate the current claim, issue a new default notice and termination notice and start a new claim but there are pitfalls in them doing so. This would usually be seen as a complete abuse of process as they should have got it right in the first place. I don't know what your current circumstances are but would certainly recommend you seek lega
  15. That'll be me! Right, I haven't got time to read the whole thread but I am interested in this issue with the invalid default notice as that is significant. Are we 100% sure the default notice is invalid? I will need to refer to my Barrister's notes on this matter as it has been a long time since my case concluded. It may help with your appeal, which you MUST do! I have a school function to attend shortly, but will come back with the necessary quotes later. Regards, Corn x:)
  16. HA HA HA! I have just had the EXACT same letter and we are talking a five figure sum. What went wrong do you think? Shredder ran amok??!! Just deciding how to proceed with the issue of Cabot still reporting to CRA's without paperwork. It will be interesting to see how many more of these letters pop up! Regards, Corn x
  17. Crikey! I can't believe that your daughter is 15 months old! It seems only five minutes since you were pregnant!!! I'll PM you details of contact as I don't think it is who you think it is!!!! Give me a minute x
  18. Hello stranger! How are you? Nice to see you! Thanks for your good wishes, it is a huge relief as you can imagine! Well we know they can't do anything without an effective default notice so I am not sure what they are playing at! How long has this been going on for??!!
  19. Hi all, sorry it has taken me a while to get back on here. Now, I think there are a lot of misapprehensions here and I perhaps didn't explain myself very well. Obviously I can only refer to my case and the advice I have received so it may not apply to other individual cases. My initial argument with MBNA was that they had not produced a true copy of the executed agreement. This argument was subsequently found to be flawed because they had in fact produced everything that was required (even though some of it was questionable as, for example, there were two different sets of T&am
  20. Also, settlement was for just over a grand....you can probably now see why this was such a result and also why your original creditor selling on is the best thing that can happen...the debts are sold for 5 to 10% or less of the original defaulting sum, so therefore, you have a much larger scope for negotiation! xx
  21. Underdog and Williamzz...I am just off to bed, but will update tomorrow...I promise...I know this is a pain, but a lot to type up and I want to make sure I give you the right advice!! However, I can tell you that according to my barrister, it is OK for the creditor to make up an agreement, as long as it contains the prescribed terms, the t&C's applicable and signatures of both parties. This was a punch in the stomach for me, but I can't argue with his as it's his speciality and has been for the past 34 years...I think that there is a lot more to talk about with this but I am falling
  22. Thanks Worm! What do you make of your WP offer? Is is achievable? I have learned so much from all of this, the main thing being that we are all going down the wrong track with the "cut and shuffle" agreements - they can cut and shuffle, as long as it means what they produce is something like the document you would have signed. Obviously, the S78 argument has also been somewhat sullied by the lovely Rankines too...so things are not easy for the hard done by consumer. Also, anybody who wants to argue about the cut and shuffle issue can do so with my barrister with 35 years experienc
  23. Well after a couple of years, 20,000 odd views, and more than a thousand posts, I am SO pleased to tell you all that this is over!! We started last year with court papers from Arrow Global and their sols. At this time I instructed a barrister under the public access scheme, a man who really is worth his weight in gold and who has been absolutely fantastic. There have been lots of issues inbetween time and I am sorry for not keeping the thread updated. As is usual during the course of litigation of this manner, we were obliged to offer a small settlement as the courts would prefer suc
  24. BRW, I know you're not having a pop! I am merely imparting the words of my eminent barrister! You're right though, they can try and probably won't have a hope in hell, but it doesn't mean they won't!!! Also, as a side issue, and I normally wouldn't divulge such personal information but Pudsters and I have just discovered that we are actually Facebook friends without even knowing it! What are the chances of that??!! Goes to show that we never know who's paths we are crossing on the sites.....a cautionary tale indeed!! I can help her a bit more personally now!!
  25. I have PM'd you, I am happy to show you my witness statement so you can see how simple it really needs to be. I am sure it is just a case of cutting and shuffling what you have already. As I said, just include everything in your bundle, in sub-sections, clearly marked and perhaps a section for case law if you so wish. It needn't be complicated and you're doing really well, so panic not!! Have you not done the disclosure documents list yet? Have you not been asked to do it?
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