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xboxer

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  1. Found it cabotcustomer @ cabotfinancial.com
  2. Hi does anyone know the email address for Cabot? Want to make sure they get my SB letter as many ways as possible! Thanks in advance
  3. Hi jimbo45, I completely agree. Unfortunately this was my first experience at dealing with a DCA first hand. Like most people who find themselves in this position, they believe that the DCA has a legal right to what they are saying. Knowing nothing of statue barred, CCA requests, SAR's or a DCA's lack of powers, you end up paying them under duress. This as we all know is exactly what the DCA want. That was my pre-CAG days, this is now. Hence the reason as soon as I found this site and realised the error of what I had done, I challenged/asked them for some information about the debt I allegedly owed it was handed back to Cabots. Until yesterday I was not aware who the OC was. Yes I hope it was SB and I haven't started the clock again but if not I have learnt an expensive lesson. A lesson I will make sure anybody I know doesn't make. Hopefully because Cabot haven’t added a default to my credit record or even recorded themselves as having an account with me I will take it as being SB. This is the response they will be getting from me and I'll take it from there. Again I would like to say what a great service this site and its members do for the ill-informed like myself!
  4. Thanks SG, was thinking to just go for the SB route first and let them prove it's not. Am I right in thinking though that if it was still live and i made payments last year that something should be showing on my credit record?
  5. Morning everyone, update time. I emailed Equidebt at the beginning of December 2010 stating apart from telling me I owed their clients money and a reference number I had no other info from them. So I requested a breakdown of all payments made to them and any charges or fees they have added. After four emails from them telling me they have forwarded my request to their client, Equidebt finally realised what I was asking and I got a breakdown and an email stating they have added nothing to the original amount. Whilst this was happening I received a letter offering me a full and final, then a letter saying Equidebt have handed the account back to Cabot. Yesterday I received a letter from Cabot telling me they have the account and to pay the balance. So I now know the debt is an old Barclaycard, now I'm about 99% positive I have not paid anything towards this since at least 2005. About 70% positive nothing was paid in 2004. Nothing shows up on any credit report (I have checked all 3) EXCEPT on Equifax where Cabot has put an address confirmation. So the way I see it is: 1 If nothing was paid in 2004, it is definitely SB. 2 If nothing was paid from 2005 it would have been a 5 year break in payments BUT can I claim 6 years as I have only just been told what the debt is for? 3 If it is NOT SB then I would have to have something showing on my credit reports? Am I better of sending the prove it letter, going down the CCA request route, ignoring or go straight for the SAR? Also the credit limit for the card at the time was £500 and the alleged debt was originally at about £850 and I had paid about £600 before discovering this site. And yes I had PPI on it. Thanks in advance.
  6. Hi Deb T, It was November 05. I've been checking some old paperwork and realised dates and amounts don't match with what has been recorded. The dates are about a month out and there is £5000 more I had to pay than my mortgage was worth. Never Received a breakdown so now curious to see what I was charged.
  7. Hi everyone, I'm now thinking about SARing my old mortgage company but wanting to double check something first. As they never recorded the repossession with any CRA, can they change this IF I was to SAR or challange their fees/costs with regards to the repossession? Thanks in advance
  8. Hi everyone, first off thanks for the info and advice. Just confirming with the start balance for the account, on a credit report, that is saying the total amount borrowed including interest over the loan period?
  9. Hi just a quick question. I have just checked my Equifax report and noticed that a loan I had with Black Horse is mentioned in two seperate areas of the report. I had defaulted on it in November 05 which is shown in the Credit Agreement Area and (unbeknown to me at the time) BH had a CCJ taken against me in December 05. This was paid and settled around Jan/Feb 06 but shows as satisfied in May 06. So my questions are: Why the 3 month period of when it was paid, to when it gets recorded as satisfied? Can the same loan be recorded twice like this? Realise it may be because the loan is a credit agreement and CCJ is a judgement but I'm after some clarification by those in the know! Thanks EDIT: Just realised to the title of the thread:oops: lol
  10. Any idea if this would also apply to Child Tax Credits?
  11. Hi night-watchman, my mate is in the same bank as B & S, so any payments made from his account to theirs is instant. But he will be doing it about 5 days before it's due then emailing the council to let them know a payment has been made and asking for his new balance. He plans on doing every month! On another note because his car has a levy on it does this get recorded on a database? He is wondering what happens if he decides to trade it in or scrap it?
  12. Ok it's update time again! My mate is still at loggerheads with the council over their interpretation of the rules and charges, they have at least told B & S to accept my mates original offer of £100 a month NOT the £350 B & S told him he had to pay! Whilst not the result he was hoping for it is actually a huge relief for him just now not having to worry about his car being taken or trying to get the money together. The council have confirmed there will be no further visits or charges if he sticks with the payment plan. Also it looks like he will be getting a backdated single occupancy discount which will be about £320 deducted from the arrears. He still intends to see if he can take it further but for just now he can sleep easy again and not worry. So a BIG thanks to everyone for helping
  13. Having a look around I think the car would fetch about £600, if that, at auction and thats before deductions. So depending on how much all the auction and associated fees come to I don't think there would be much left. Obviously the levy is a scare tactic or christmas bonus. As for the Header H fee how can the goods be made available for collection if he has the car in his possession? It's one thing the council saying its all correct but if they can't read that's worrying!
  14. Hi hallowitch Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows: “Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations” That was also quoted in the email!!
  15. It's a 52 plate Nissan, almost a 100K mileage and several dents in the bonnet and wing, oh and an oil leak...BUT they wouldn't of known about the last bit.
  16. It's supposedly the Debt Recovery Manager in the council dealing with this and the CEO was CC'd in the original email.
  17. Hi PT, in the email my mate had put; Also I have been charged TWO levy fees on the same vehicle. Again only ONE levy fee IF ANY can be charged. With the levy charge I refer to the National Standards for Enforcement Agents where it states: " Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods impounded in satisfaction of the judgement is proportional to the value of the debt and charges owed ". The levied vehicle would be lucky to fetch £600 at auction so after the deduction of fees, removal & storage fees, auction costs and auctioneers costs there would NOT be enough to cover even a quarter of the amount owed! With regards to the fees and levy charges I of course refer to The Council Tax (Administration and Enforcement) Regulations 1992 Schedule 5 paragraph 2 (1) (b) . By using this formula the maximum I should have been charged is £61 for the levy NOT the £90.00 Bristow & Sutor have charged. Think they are still at it!
  18. Hi everyone another update! My friend has just received this email from the council: Thank you for your email, I have now gathered the information and have the following response. I have confirmed with BS that the total fees for both cases was £199.50 the fees charged I believe have been correctly applied, however I have asked BS to reduce the two levy fees charged from £90.00 to a single levy fee of £61.00 therefore a credit of £29.00 has been applied to the account and the total fee balance is now £170.50 With regards to the redemption fee or head H fee there is no requirement to have removed goods only that they are seized. You assert that the vehicle should not have been levied upon as it not of sufficient value which is proportional to the debt; I believe that this has been misinterpreted as the NSEA means that the goods should not be of too high a value which you have confirmed that the vehicle is not. I would be willing to enter into a payment plan with BS on your behalf which is acceptable to both parties, please advise by return your offer of repayment. I have held the account with BS until further notice, pending the outcome of these discussions. Any advice on how to procede?
  19. Ok according to we buy any car (free online valuation, just enter fake contact details at the end) they will buy the car for £215 lol. So probably double that at an auction!
  20. Hi hallowitch, he did quote the legislation in his email stating where he thought it was relevant. Also told council his car was worth about £500 at aution because of the bodywork condtion and engine problems, so they are now aware the car isn't going to cover the costs.
  21. Just a quick update. My friend emailed the council CEO and debt recovery dept a revised version of the previous letter on Friday 26 Nov. He stated that it was his opinion that B & S where either knowingly or incompetently charging incorrectly and that it's worrying that the council are happy to let these people act in their name. Also informed them he has been on the electoral role at his current address for over 4 years and has never had any letters of the council about this. He also told the council that he has been advised to contact the Local Government Ombudsman about this matter but was willing to give the council the opportunity to deal with this first. Well he's just had a response from the debt recovery dept manager stating that they are collating information and will get back to him within 7 days. Will let you know as soon as I hear more.
  22. Hi everyone I'm after a bit of advice for what I could or should do! Ok as I have posted before I had my house repossessed in November 2005. Now 5 years later and my credit reports not as bad as I thought they would be, I'm now wondering if it's too late to query how things were handled. I had my main current account with Yorkshire Bank that my weekly wages were paid in to. I had a standing order that paid £x amount in to a second account (again a YB account) every week to pay my direct debts. This worked fine for years. Sometimes I would not have enough in my second account and YB would take extra from my main account (without my permission) to make the balance up. Well at Christmas 2004 I spent a bit more than usual, that resulted in YB not paying the direct debt on my loan. I arranged with YB to increase the weekly standing order and thought everything was OK. During this time I was mainly staying at my then girlfriends (now wife) house and wasn't checking my post that often. Then in May I took redundancy and this gave my main bank account a boost of about £24,000. Unbeknown to me at the time YB had stopped paying my loan DD and my mortgage DD despite there being more than enough in my account! So being oblivious to all this I took my time looking for a new job and got married before getting a new job in October 2005. I'll cut a long story short, the first I became aware of this was in November when I went to take my wages out and my card wouldn't work. I phoned YB to find out they had closed all my accounts. I later found out YB had simply stopped paying money in to my second account and nothing was being paid but I was building a lot of charges and becoming overdrawn. This resulted in my mortgage and loan being in arrears and in Nov 2005 had my house repossessed. Then the loan company got a CCJ taken out on me to recover the loan amount. It was a very stressful time and I was somewhat naïve in believing I had been charged correctly. Looking at my Credit Reports now I'm thinking I may have been somewhat overcharged by my loan and mortgage company. So what I wondering is: Are YB partly responsible? (being as they set a precedent of taking extra money before) Can I still SAR my mortgage and loan company? Can I still try to recoup some of the charges? My mortgage was with EGG and my loan was with BH. Pretty sure I had PPI on both. I know I'm mostly to blame for not checking my post daily ( I'm not denying that) but just want to check I was taken advantage of. Thanks in advance for any help or advice.
  23. Well it's very much appreciated! I'll be rewriting the letter later including the new info, should get them to sit up and notice!
  24. Hi can anyone confirm or deny the comments in post #24? Should I quote the case of Throssell v Leeds City Council in the letter with regards to 2 sets of fees? My friend is wanting to post and email this today, Thanks EDIT: Sorry meant to ask as well, is there guidelines I can quote with reference to the levy not being enough to cover even half of the money owed? As I think this will help with the fraudulant fees claim. Thanks
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