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Everything posted by victoria_siempre

  1. Hi again AA99 dx has answered your substantive questions. Also have a look at www.youtube.com/watch?v=ZZyb4HYC5A8 for an idea of procedure. My advice is to keep it simple. it is for them to prove, not you to disprove. Your points: 1. You have to choose whether to swear on the bible - decide in advance... 3 and 4. Do stress CPR, they are the system's own procedural rules; however, I was asked if I wanted an adjournment because of their flagrant breaches - I chose not to. 2 and 8. Take copies of everything - assume nothing. 5. Lack of proof of title or ownership was crucial in my case and passing the debt around makes ownership questionable. It is for them to prove ownership. Best wishes Vic xxx
  2. Hi AA99 Take a look at https://www.judiciary.uk/you-and-the-judiciary/going-to-court/advice-for-lips/ Best wishes Vic xxx
  3. Hi FF I go back to context. I was not in a position to pay. If you are then it is a simple negotiation of T &C. You will only get a CCJ if you refuse to make a reasonable offer based on bandits excluding slave interest rates plus chrages. If you are not I can see little point in paying anything to anybody. xxx v
  4. Hi FF Context is everything. We used to say that we do not condone debt avoidance. After Sir Fred the shed kept his 100mill our message became nuanced. With regard to wish to F &F, I return to my point that everything, short of full blood and guts, stays with you for six years. I started with 55k ish and lost my job in the great crash; and my only regret is that I did a 1k F&F with MK.. (which I admit dx advised against); the rest is history, ... you pays your money, you takes your choice. xxx v
  5. Hi FF Whatever you do will affect your credit raitng for at least six years; how you do it might affect it for ever. Should you think that reduced payments and a freeze on interest of 25%+ and charges might enable you satisfy their bloodlust, then it might be a rational course of interest But beware of the snare. xxx v
  6. Hi dx I hate to dissent with an old soldier yet sometimes babes bring forth wisdom. BARCLAYS for Other Searched on 29 June 2018 is a ClearScore entry prior to it dropping of as a credit entry; they refused to enter a true default date, claiming that so long a s I admitted £1 per month, the account was active. Both National Debt Line and yourself implied that a token £1 payment had about the same value as Woodey Allen's 'don't knock the Bishop, it's sex with someone I love'. xxx vic
  7. Hi I am merely offering my experience. There is no single right answer in what is a shifting game. I started with National debt line charity who were supportive and helpful. I found that token payments of £1 were useful as an indication of good intent but extremely unhelpful because your credit file will continue for 6 years beyond your last £1. Even those who accepted the token (and about half of the bandits did not) quickly sold the debt on. So, my advice is to cease the £1 tokens at the point at which it is sold/assigned on or if they fail to enter a truthful default date on the credit file entry (Barclays are particularly nasty). Dx is dead right about not providing the enemy with ammunition. Bonne chance et bon courage. Love Vic xx
  8. Hi guys I have not heard a dicky-bird from Cabot since. Notwithstanding the barrack room theology of how many data controllers may dance with data processors on the point of a needle, the tactical request has achieved its purpose in that the account is now unambiguously statute barred. Should I hear from Cabot again, I shall instigate a small claim for the principled enjoyment of it. On the Egg matter, Robbers Way have also maintained radio silence, and their's is unambiguously statute barred in any case. So, after many long years of harrassment (about eight I think), I am finally free thanks to CAG. I started with 55k of claims: have paid 1k in part settlement (this was a mistake as dx rightly told me); have been to court only once, where I won against MKDP for 13k with £450 costs as a LIP, which was scary but boosted my confidence thereafter. Go well all Caggers Love vic xxx
  9. Thanks Andy They are on the bounce with a reply this am: " Set-up a payment plan Calculate your budget Make us an offer Update your personal details Make a payment Chat with a Consultant online Register on MyCabot Cabot Financial (Europe) Limited is an Appointed Representative of Cabot Credit Management Group Limited which is authorised and regulated by the Financial Conduct Authority with firm reference number 677910. Cabot Financial (Europe) Limited is registered in England and Wales with Company No. 3439445. Registered Office: 1 Kings Hill Avenue, Kings Hill, West Malling, Kent ME194UA. Cabot Financial (Marlin) Limited is registered in England and Wales with Company No. 4618038. Registered Office: Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP. Cabot Financial (Europe) Limited is part of the Cabot Credit Management Group DISCLAIMER: The information contained in this message is confidential and is intended for the addressee only and may also be privileged or exempt from disclosure under applicable law. The unauthorised use, disclosure, copying or alteration of this message is strictly forbidden and may be illegal. If you have received this message in error please notify the originator immediately and delete it from your system and do not copy, disclose or otherwise act upon any part of this e-mail or its attachments. Cabot Financial (Europe) Limited will not be liable for direct, special, indirect or consequential damages arising from any use or alteration of the contents of this message by a third party or as a result of any virus being passed on. Cabot Financial (Europe) Limited reserves the right to monitor and record e-mail messages sent to and from this address for the purposes of investigating or detecting any unauthorised use of its system and ensuring its compliance policies are adhered to. Any opinion or other information in this e-mail or its attachments that does not relate to the business of Cabot Financial (Europe) Limited is personal to the sender and is not given or endorsed by Cabot Financial (Europe) Limited. Registered in England and Wales with company number 3439445. Registered office: 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA. Cabot Financial (Europe) Limited is an Appointed Representative of Cabot Credit Management Group Limited which is authorised and regulated by the Financial Conduct Authority with firm reference number 677910. Thank you for your email. The security of your information is our priority; it is important that your email account is kept secure and does not become known to someone else. If this is a shared mailbox, is not your personal email or you do not wish to have your details disclosed by email please notify us and we will use an alternative contact method. We are unable to provide any information by email without undertaking some security checks so we can ensure we have the correct person. Before responding to this email, we must stress that by completing the details below, you consent for us to use this email address for communication, which may contain information that is personal to you. Please reply to this email with the following information: (this must be completed in full) Are you the only person who can access this mailbox? Full name Date of Birth Full Address including Postal Code Home/Business or Mobile Telephone Number Important: When communicating by email, please remember that it may be ‘insecure’. we would urge you to consider the personal information that you include and we will do the same. If at any time, you no longer wish for your personal information to be communicated by email, or you no longer have access to the mailbox provided, please notify us immediately. Peace of mind has never been simpler To make managing your account easier, you can register yourself onto our website MyCabot. The process is simple and only takes a few moments. After that you will have access to many great features to help you: " My response is: " Dear Sir You have failed to comply with my GDPR SAR request within the required timeframe. I serve notice that I shall commence proceedings in the County Court in fourteen days without further notice to you. I seek recompense in the sum of £9999 for the distress and embarrassment caused by your processing my personal data in breach of Section 6 of GDPR 2018. A payment by cheque to the person at the address to whom you are demanding monies with menace will suffice to stop these proceedings. Yours faithfully " There is no danger to me in being identified with a statute barred account; I am interested in the extent to which they wish to chance their arm in a blatant disregard of UK law. Wonga, Cabot, Wonga. vic x
  10. " At times, for the purpose of debt collection, we will need to share your personal data with other companies: ... Whenever we engage with a third party we ensure that the third party has a similar level of safeguards and controls in place before sharing your personal data with them." QED
  11. Hi guys These recent experiences may be helpful. I submitted an email GDPR SAR request to Cabot based on CAG guidence regarding a threat with menace that is statute barred. I received an automated email the next day requesting name, rank, number, D.O.B. etc within two months (I kid you not). Two weeks later I receive a template postal reponse relying on Article 6 of the Regulation and a lawful base for processing personal data. Helpfully, Cabot confirmed that they were now the Data Controller and that they had received my SAR request (which is now some 28 days ago). Whilst my balls are not crystal... you can read the rest. " Dear Sir I note your mailed letter dated xx August 2018 purporting Cabot Reference xxxx7666 (Corbyn might call this a lack of an English sense of irony). I thank you for confirming that you are now the Data Controller. I thank you for confirming receipt of my Subject Access Request of xxth July 2018 and your 'relevant team's' response of xxth July 2018. You will be conscious that, under the new GDPR regime, you have one month from its inception to comply with my GDPR 2018 Subject Access Request. " On a different, yet related note, I received a letter before action (based on the new pre-action-protocol) from Robbers Way on an Egg account that is statute barred and submitted the advised CAG response. I have the standard response; account on hold blah-di-blah. These two CAG advices that I deployed might be usefully signposted as powerful tactical weapons. Love vic x
  12. Hi Betty I really should not worry; I had a very similar experience with MKDP around three years ago and have heard nothing from them since. Love Vic
  13. Hi Lord A tiny point but, 'there bundle' should read 'their bundle'. Good luck. Vic x
  14. Hi guys This is merely to inform the variety of Arrow's possible behaviour. I haven't posted in a while but all is well and most bandits have dropped off credit files. I have a current Court claim from Arrow Global pimped by Shoosmiths for a 3k MBNA card. Arrow have not responded to the standard CCA request (nor returned my £1) but Shoes have replied to the standard CPR that they are requesting standard POC documents (CCA, DN, NoAssignment) from their client (Arrow Global) and advising that failure to submit a defence by deadline may result in default CCJ. I had submitted anyway and have heard nothing since; they have a couple of days until claim is stayed. I suspect this is Shoes covering themselves I was saddened by El Comandante's demise; but I suppose that, being an atheist, he ain't that much bothered. love Vic
  15. Hi global My stuff is in my thread, but the following is also informative: x v
  16. Hi globalcitizen I had a similar experience and won; my thread is on CAG and I am happy to elucidate further. Bon courage, bonne chance. x v
  17. Hi coops I tend to agree with sgirl. I recently won a case where the Judge ruled that there was unproven title (MKDP had not demonstrated that they owned the debt), and opened with 'it is for the claimant to prove not for you to disprove'. x vic
  18. Hi guys The rate is now £19 ph. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases "Which Litigant in Person expenses can be included on the fast track? You should keep an accurate record of your costs and time to be able to prove loss. Time preparing letters Postage, including Recorded and Special Delivery Faxes Time preparing claim, directions questionnaire, court bundle, hearing Copying Stationery Telephone calls How are litigant in person costs decided? A litigant cannot benefit from the fault of another so a litigant in person is not be allowed to profit from the work carried out by them on a case. However some reimbursement for the cost and time taken will usually be allowed. To pre-empt double recovery: A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs. Litigants in person (LIPs) fall into two categories: those who can prove financial loss and those who cannot. For those who can prove loss there are two caps. They cannot recover more than they have lost and they cannot recover more than two-thirds of the amount to which a solicitor would have been entitled. For those who cannot prove financial loss the rate of £19 an hour is compensation for time reasonably spent as assessed by the Judge." Although I can't remember where I got this from. x vic
  19. Thanks Andy I'll move on; I think I'm having two Eggs for breakfast which can cause constipation. x v
  20. Hi We met before in canine-philia. Sororal and fraternal greetings I admit my coyness in I that lie ashamed to be unclothed for fear of ****ers of such stuff as Compello and Hoist (oh what a wondrous place must Guernsey be to have such people astride it). I am very old school, aka ‘tankies’, and have a pictogram of my three year old son in rouge braces dancing with an elderly French women with a black man to the tune of the Internationale at the Fête de l'Humanité; I love the Fête and heard Leonard Cohen there whilst we staffed the Australian CP stand against French nuclear testing. The Party slogan at the time was ‘Je suis Communiste, pourqoui pas vouz? (My compatriot responded, ‘Parce que,”Je suis un fascist”), thereby displaying a superior British sense of humor: we fell asleep drunk. Yes, Hasta siempre sans Comandantee; the only Jihad is within yourself. x v
  21. Thanks dx Might my MKDP post be moved to legal success? x v
  22. Hi dx It was, I suppose, a tactical withdrawal, as the bishop might have said to the actress given a papal bull. The account was post 2007 and had weak legs and, given time, even the incompetent s**ts of Satan might have forced forth a horn. Hence, defeat. x v
  23. Hi guys Small claims 3k+ from Robway/Cohen/Hoist re:Satan cc http://www.credittoday.co.uk/article/17468/online-news/santander-returns-to-debt-sale-rbs-to-stay-out Nothing really to contest but bandits admit to no paperwork whatsoever and don’t like CPR and Sec 78 request (my enemy’s enemy is my friend and they can’t usually claim costs in small claims). I have interest only mortgage with Satan in arrears and careering towards termination (both me and the mortgage). I defended all, as per CAG line …, ticked mediation box and enjoyed mediation. I found it very fair. I used the National Debtline I&E to offer a modest monthly sum and was fortunate enough to be able, via the good offices of a family member, to offer a full & final; during mediation the bandits accepted one of these alternatives (some understanding of net present value is helpful to enter the bandit’s Weltanschauung) http://www.mathsisfun.com/money/net-present-value.html I am unusually coy because a mediated settlement is explicitly confidential: “Terms:- 1. The parties have agreed the following: The Defendant agrees to pay to the Claimant the sum of £xxx.00 (the settlement sum) in full and final settlement of the claim to be paid by 28th x 2015. 2. The court will stay the case (i.e. the court will take no further steps in relation to the case) and the claim, defence and any counterclaim will be struck out without further order of the court (meaning that the case will no longer be treated as active) if the court has not heard from either party by 28th x 2015. 3. The parties will keep the information contained in this agreement confidential and not use it for any other purposes. Other than a final written agreement, any information – whether written in a document prepared for mediation or written or spoken during the mediation – can only be used for the purpose of mediation and cannot be referred to in any court action unless the parties agree. The parties agree that they will not call the mediator to give evidence in any court action. “ The plus side is that this is a Court settlement: “5. This agreement is in full and final settlement of both parties' claims, including any claim for costs, court fees, expenses or interest.” And the bandit cannot sell it on. In truth, I consider this a defeat rather than a victory but the lesson I should press is that: · - Defend all as per CAG line to back foot the bandit · - Amass evidence of ability to pay · - Use mediation x vic
  24. Thanks Spam DJ was not impressed by their flagrant disregard for CPR, court directions and absence in person... Go get the bandits; and do submit a schedule of costs in advance LIP £19 p.h. God bless v
  25. Thanks guys I could not have done this without the great supportive learning experience that is CAG. Four ponies will be trotting CAG's way once the bandits stop smarting and I can smack my lips. x v
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