All, I'm afraid I have not been updating the forum with my case and all the developments. Since my last post, there has been plenty going on and it has all been in the very capable hands of Paul, who took this case on when we were close to giving up. Today, after almost 2 years after our first court appearance as LiP, we had our final hearing, represented by counsel and............... THE JUDGE FOUND IN OUR FAVOUR AND DISMISSED CABOTS CASE!!!!!!!!!!! I will check back in and try to fill you all in on some of the details over the weekend once it has sunk in. A massive thank you to Paul if he is reading this I am off to have a V. large glass of wine :-) :-)

Ahhhhhhhh - can't remember how to remove attachments!!!

bump

Hi guys. Just done a routine check on my credit file and notice that Equidebt have searched my credit file!!!!! My partner has a debt dating back about 5 years that they have been chasing as you will see from the post but it has all gone very quiet and not heard anythign for 4 months or so. The search is showing under the section 'searches made my individuals you may be financially connected to when an application for credit has been made'. So they have obviously checked my OH's credit file, and seen that we are finacially connected and decided to do a little search on me!!!! I understand that may happen when an application for credit is made but in this instance - firstly, I'm sure that shouldn't be checking his file without his permission and secondly what bloomin right have they got to look at mine?????? What can I do about this and who can I complain to as I am livid!!

Hi guys, I hope some one can advise me on this.... My OH is in field sales - selling his companies products to 200 accounts and merchandising are among his duties. He is basically his own boss, managing his own time and on a 6-8 weekly basis his line manager spends the day with him, effectively shadowing hi and monitoring his performance. Last week one of these days occured and at the end of the day they hadtheir usual 'summary of the day' chat. His line manager said he was issuing a disciplinary because some of his merchandising wasn't up to date and there were samples in his lock up that should have been in the field. OH explained that was impossible due to the sheer volume that he had and that his colleagues were in the same boat. He was told 'this isn't abut other people its about you'. Anyway, yesterday, he receivd a 'stage 2 written warning' referring to the stage 1 interview being held last week (i.e. the little chat the had atthe end of th day) saying that is his perfomance doesn't improve his contract will be terminated and that he had 5 days to appeal! We are in the process of writing an appeal letter but my question is; they haven't complied with statutory procedure but should we just say this in the letter or should we say WHY they haven't? I am writing this beore I leave for work so a bit rushed but will check back in when i get there so if i need to elaborate on anything, please let me know! Thanks!

Thanks Jasper. I will do that I think.

Thanks DX. I'm just a little nervous about giving them all that info, but I hear what you're saying. From memory, i don't think there were many charges on this aco****, but it will be interesting to see how much PPI was on the account. Thaks again!

Thanks,

Around March 2005.

i must admit i did wonder the same thing. Especially as it took them nearly 3 years to come up with this doc.

Mint is RBS isn't it?

No its my MR's card

Guys, before i respond and get too cocky with these guys....... could you let me know if, in your opinion this agreement is enforceable. It's certainly one of the better ones i've seen and seems to ocntain all the prescribed terms....... Equidebt CCA.pdf

I like your style! Will send them a letter and see how they respond......

sent a photcopy of passport and a utility bill as I.D. We did send an SAR to RBS but all they sent back was a list of charges applied to the account.

Now attached to above post

Just removed it as realised the name was showing. Just about to re-attach.

Hello, I would apprecaite your advice on a letter that I have received from Equidebt. I am a little suspicious if it........ The history is this...... June 2007 - Equidebt send letter chasing debt from 2005 Send SAR to OC (RBS) Send CCA to Equidebt July 2007 - Response from RBS but only information on penalty charges. Nothing further until Sept 2009 - Receive letter from CAS chasing debt and. Send them snotty response saying that Equidebt have failed to comply with CCA request and will only correspond with them. Send CCA reminder and SAR to Equidebt. Signed for and cheque cashed April 2009 - Receive an application form which appears to be signed by someone other than my OH (who this debt realtes to BTW) and a set of T&C's. Send them a letter saying we do not feel the signature on the app form does not appear to be OH's and in any case is unenforcebale Register complaint with ICO about thehe fact Equidebt have never responded to or acknowledged SAR. May 2010 Receive the attached letter. What do you guys think? they seem to wan to know a hell of a lot of information. Equidebt.pdf

Hi and thanks to to everyone has helped so far on this case, particularly those that have been willing to assist with the witness statement. I have taken some professional advice and realise that this has gone a bit too far down the line to continue as LIP. Sooooooo, you will be happy to know that we most definatley are NOT giving up and have enlisted some professional help which I think I can safely say Cabot will not be happy about So again, thanks for all those with pens poised for the witness statement but I will not be needing any assistance ATM. Watch this thread with interest as I keep you updated ;-)

Thanks, I feel bad for letting it get this far, thinking that I could manage it myslef and obviously not doing a very good job! I will sit tight then so I can't do any more damage ;-)

Thanks guys, What do I need to be doing to pull together this witness statement? Would it be helpful if I composed an outline statement giving just the facts and what has happened so far? Don't want to leave you guys with all the work to do Thanks,

Guys, Than you so much for this. I am overwhelmed by the response and REALLY appreciate it. I think its just what I needed after being just about ready to give up

I think hostile is the wrong word. But I don't think we are looked upon favourably as LIP. As I said previously, I have been able to speak on behalf of my partner and both judges (females) that have dealt with the case so far have allowed this. I think it is probably more to do with the fact, if I am honest, about not being able to think on my feet and have counter arguments at the ready, so Cabots rep is obviously wiping the floor with me and it appears that I have nothing of note to contribute that the judge is interested in. That is where my main problem lies. I KNOW that Cabot are on the wrong and I KNOW that they don't have the correct paper work to bring the action to court but convincing the judge of this is another matter

OK, I can do that. How should I word it so as not to 'offend' the judge who is quite clearly already not on our side?

Our last hearing was on Tuesday 4th. At that hearing the judge ordered that witness statements be filed in 14 days and that the case be listed for trial. I have not received a copy of the order yet. So I have until Tuesday to compile a Witness statement. I am a little confused about this as to what it should include. I understand that it should not included points of law, just facts? I only have by embaressed defence to go on as I was not allowed to submit a full defence based on the documentation Cabot provided 4 MONTHS after my CPR request. God, as I am writing this I am getting so angry as it is clear that we have been treated so unfairly.