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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

ziggycatuk

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  1. ziggycatuk
    Thanks Andy Do I respond to them ?
  2. ziggycatuk
    I can see from the summary of payments MCS included that the last Direct Debit was 26/08/09 and not December as I had originally thought
  3. ziggycatuk
    The last payment I made to cap1 was 26/08/2009
  4. ziggycatuk
    Quick Recap. Cabot chasing old Cap1 dept. CCA Cabot - No response MCS open court proceedings. Contest Court proceedings with SB defense I've been away for a few weeks visiting family and returned home today to see I've been sent this from MCS. They are claiming the debt isn't Statute Barred Ive attached a PDF of what they sent me. This included copies of the letters from 2009 from CAP1 "notice of default" & "statement of default". Not sure what to do next.. could someone please advise.. many thanks. MCS1.pdf MCS4.pdf MCS2.pdf MCS5.pdf MCS3.pdf
  5. ziggycatuk
    Once again BIG thank you to the members here who must have to deal with people like me day in day out. I am very grateful.
  6. ziggycatuk
    Post #9 http://www.consumeractiongroup.co.uk/forum/showthread.php?458114-Cabot-Mortimer-claimform-Cap1-Card-debt&p=4846278&viewfull=1#post4846278 Looking at similar threads should I ring up Cap1 to find the date of the last payment made to them ?
  7. ziggycatuk
    Cheers again DX. This was stated earlier in the thread: Unfortunately the 6 years ends with the date of issue of the court papers. However, simply asking for a statement of account is not necessarily an acknowledgement of the debt " However they have still not produced a copy of the CCA I requested, and the 33 days since the issue of the court papers expires on the 9th Feb. For example .. If they manage to obtain the CCA in 6 weeks time will the current court order still be valid to continue proceedings against me? Do I just ignore the letters they are sending ? many thanks.
  8. ziggycatuk
    *** UPDATE *** So after sending off the CCA request to Cabot, Last week I received a reply from MCS that they do not hold this documentation and they only act on behalf of the pursuing company 'Cabot' and they will notify them etc..etc ... So the 12 days have long past and still no evidence of the CCA appearing. However, I followed the advise in the thread to the letter, Registered with MCOL, Acknowledge the claim and submitted a SB defense. Today I have received a letter from MCS stating the following. "We are instructed that in this case the cause of action accrued when the agreement was terminated on 29/01/2010. Therefore proceedings were issued within the 6 year limitation period, and so the claim is not statute barred.." etc I have attached a pdf of the letter received. Please help on what I should do now. MCS-Reply.pdf
  9. ziggycatuk
    thanks citizenB - good spot
  10. ziggycatuk
    Defence submitted. Thanks you to everyone who contributed on this thread, your help and knowledge is greatly appreciated.
  11. ziggycatuk
    I might have underplayed the letter somewhat, It kind of does acknowledge the debt
  12. ziggycatuk
    [ATTACH=CONFIG]61049[/ATTACH]cheers dx .. Before I hit submit is this correct ?
  13. ziggycatuk
    Ok.. I've been working away this week so not had a chance to get back here to update as I've given some incorrect information .. oops I've trawled through every scrap of paperwork I can find, and it seems I wasn't making a £1 payment on this debt like I thought.. I wrote to cap1 on 18/01/2010 requesting a statement of account for the previous 6 months, that was the last contact I had with them until the letters from Cabot started arriving. So the last contact from me was dated 18th January 2010. I've registered with MCOL and its now day 8 from the date on the court papers.... Do I just wait until the 19th (day 12) and choose to "Start Defense" and state "Statute Barred" All help appreciated. Regards
  14. ziggycatuk
    Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 08 Jan 2016 Date of issue submit defence = 09/02/16 (33 days in total) What is the claim for – 1.By an agreement between Capital One & the Defendant on or around 07/12/2004 ('The Agreement') Capital One agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 413.61 What is the value of the claim? £413.61 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? December 2004 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. cabot 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Other Debt What was the date of your last payment? December 2009 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 managementicon plan? I made arrangements to pay £1 to Akiv Kapital in July/August 09. However I ceased making payments in December 09 ........................... I've tried to find a record of the last payment I made however it has proved to be futile, I'm only going on the default date assuming the last payment I made was December 2009 . I'm in a tight spot at the moment and given that over half the amount they are claiming is interest I would prefer to try and contest it. Yes, the CCA has been sent recorded. I've taken pictures of the letter & postal order (endorsed on the back stating "For Statutory Fee Only" ). Interestingly on both the letter sent by Cabot, Mortimer Clarke etc there is no reference to the original account number its just a blank field, they have only used their reference number
  15. ziggycatuk
    I've just sent a CCA request to Cabot now (although I've not mentioned about the 12 days being of the essence) and I'll fill in the court paperwork as you advised. Yes, there was a letter dated 24th December, but were away with family over Christmas so it was only opened on Monday this week, the letter from Mortimer Clarke did state they would peruse it as a court claim and had attached an income and expenditure. I was planning to CCA it anyway, but my first week back to work it just slipped by me.. and then the court papers arrived today. Thanks catquest

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