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StressBall

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  1. Humble apologies DX, et al, I was utterly convinced that I had updated on this at the time... I had to read back the thread to see I hadn't - very remiss of me, sorry... I think I was confusing it with the update/conclusion on my own case... So, regarding my friend's Cap1/Cabot thingy: the account was clearly statute barred, and were told this, but they still pushed for the court date. As such, I attended with my friend, and when the case was called, and I told the Sheriff that it was statute barred, the local solicitor they were using to represent them acknowledged this right away - as though she clearly knew already, but was just pushing forward regardless - and they dropped it without a problem, with the Sheriff shaking her head... Many thanks for all your assistance throughout all of this...
  2. I print high quality prints for photographers and artists, and run a photostudio for photographers to hire, I know how much they supply digital images for. £375 for 5/6 images is vastly inflated. As chr0m4t1c says, you might have an argument based on this. Worth contacting a couple of local photographers (or even just checking websites/facebook pages) to see their rates, as different parts of the country will vary. Most photographers offer way more than 5 images, for a start, and usually charge, on average, £15-20 per digital image. Digital only packages tend to be around £200-300, at the top end, and this is with 20-30 images AND includes the cost of the studio session, which would usually be booked at 2 hours, but could be much longer for a newborn session. It sounds like they are trying to recover the cost of the studio session in your price, as well as vastly inflating the costs of the prints...
  3. DX, sorry - u said 'ring cap 1 and ask' - I assumed u meant about the cabot licence - must have read it as 'ring cabot and ask' - didn't know you were referring to the statute barred status. We were waiting on the SAR to check what info they had for my friend, but as this still hasn't come, a few months down the line, I'm thinking that Capital one don't have anything at all? Should I email Shoosmiths for her, and point out the statute barred status now...?
  4. DX - hope you pick this up (again!) OK, so this recent summary cause I'm helping a friend with. To recap - £4k debt, shoosmiths chasing for cabot, on a capital one debt they have purchased. Friend checked their credit file, and it defaulted JUST over 5 years prior to the summary cause being served, which means she's had no contact with capiltal one (original lender) for 2-3 months prior to this. As such, I'm certain that it is definitely statute barred (Scotland). Anyhoo, we went to court in August, on the original calling date, sat for an hour, before a clerk pulled us aside and said that shoosmiths had asked to sist the case (until this week), but had not contacted my friend to give her any notice of this. Capital one were sent a SAR on 7/7/16 - and have still NOT complied with this. Nor have Shoosmiths been able to turn up the original agreement, in any form. Shoosmiths wrote to her a few weeks after the CCA request, waffling some crap about confirming that 'this matter will be placed on hold until we are able to provide this documentation'. Two weeks later, Cabot, themselves, wrote to her saying they currently did not have the CCA on file, but stated that they requested it from the original lender. Given that capital one, to date, still haven't replied to a SAR, nearly 3 months down the line, I'm guessing this isn't forthcoming. However, Cabot also wrote this in their letter: 'I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however, as we have to request the details from the original lender I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again'. NOTE: the 40 DAYS...? time limit for a SAR? SO, questions are these: they haven't written to say they have the paperwork (I'm guessing their not actually obliged to, but surely, capital one should have been obliged to respond to the SAR, had the paperwork been found?) SO, should we email Shoosmiths, or Cabot, to ask if they will definitely be showing in court this time around (Thursday this week), as taking time off work to attend, for them to simply not turn up as they've requested a further sist, is not acceptable...? And should we point out to them that the agreement, even if they turn up the paperwork, is statute barred, and they are not entitled to take my friend to court for an unenforceable debt? Is there even a template letter for something like this?? Wouldn't the court take a dim view of them doing this, knowing they had no paperwork to proceed with and knowing it was statute barred? (And is statute barred the correct terminology?) Looking forward to your valuable assistance yet again... (ps: I've just been awarded £10K for mis-sold Egg PPI)
  5. DX - hope you pick this - didn't wanna start a new thread, and have read other threads where you commented on this subject, but just wanted a quick answer from you please...? OK, so Cabot Financial (UK) Limited have instructed Shoosmiths to issue a summary cause, for some £4k, to my friend. It is for a credit card debt, and she thinks the debt is statute barred - but she hasn't kept any previous correspondence, and as she can be a bit flakey(!) I'm wanting some extra ammo for her defence of the action... It is a pre 2007 agreement. I have cca-ed Shoosmiths, and they are saying this might take some time - pffft - it is now 3 weeks and nothing. I have sent a SAR to Capital one (original lender) and had nothing yet, but it's only been 2 weeks - only once we have this will I know that the debt is truly statute barred. Anyhoo - Cabot Financial (UK) Ltd - their licence is still showing as lapsed on the FCS website, and I've read conflicting info as to whether this is a defence, or whether they can simply have someone else in their group collect the debt - but what if the summary cause is listed in the name of cabot financial (uk) limited - surely that means it is them collecting the debt, and not another part of their group? As such, is this a reliable defence?
  6. Cheers DX, awesome as usual.. . So, the default usually occurs a couple of months after you stop paying them, and they lose patience chasing you? ;-) How about the serving of the papers? Is it simply suffice to say you witnessed it, then pop it thru someone's door? Surely that is someone's word agains yours? At least if you sign for a recorded delivery it carries some weight, as does being presented them in person?
  7. DX, or anyone, can you help with a wee quick question (or 2) please...? Thought I'd just use this old thread of mine, rather start a new thread - hope that is OK? My friend has been served with a Summary Cause (Scotland).. . I have sent a CCA request, on her behalf, and await the outcome. It is pre 2007, and by the looks of her credit file, the default date on her account was just a week or two OVER 5 years ago, from the date on the court paperwork - meaning, I think, it is already statute barred. She assures me she's not had any contact with them, nor made any payment in that time. So, it may be a clear cut case, based on the statute barred status of the account Am I correct in assuming that the statute barred period starts on the date of default of the debt? Also, the papers were simply posted thru her door, but state they were delivered to her in the presence of a signed witness. In other words, they didn't send by recorded delivery, and nor did they hand them to her in person. Does this not mean that they were served incorrectly? It is shoosmiths, acting for cabot, for a capital one debt. I think they are on a hiding to nothing, but I'm interested to know if, rather than going to the bother of defending, that I can simply write to them, on her behalf, stating they've both served the papers incorrectly, and that the debt is statute barred, and threaten to go to court to defend and seek all possible expenses... I've won 2 Ordinary cause actions roughly based on this method... Any quick advice please guys and gals?
  8. You know what DX, they are relying on people to be too scared/too busy/too stupid/all of these in order to steamroller it thru the court and get a decree. It's like a game of poker, I guess. They are bluffing they are holding a good hand, but in actual fact, have nothing. .. I think a Judge, or Sheriff, should have to see the paperwork/proof of debt before they grant any action against the defender, as a matter of law, but sadly, that's just not the case...
  9. guys and gals - wee update on this case ... sorry for the long delay - got the news a month or two ago, but wanted to make sure it was in the bag... Many, MANY thanks for all your support and advice... 4 words: GRANTED DECREE OF ABSOLVITOR BOOM! £10K - up yours MBNA/ARROW It's also more than a year since I sent the CCA request to Nolans for another debt thru Cabot.. . STILL NOT had a reply to that. .. case sisted. .. (indefinitely, it seems) They are getting pumped next...
  10. hi... I have a debt, originally with Egg, that I stopped paying nearly 5 years ago. I am in Scotland, so it hasn't quite reached the statute barred timescale yet, but probably 5-6 months away. This debt was to combine 2 Egg cards into a single loan, and I was, quite categorically, told that I had to take the PPI in order to qualify. I was, and still am self employed, and so the PPI was most definitely mis-sold. But here's my problem... I stopped paying the loan after 2-3 years, as I suffered catastrophic losses due to a dodgy business partner. And i was fed up with the greed from the banks and card companies. The loan was officially defaulted, and they tried a few DCA to recover it, but I ignored all correspondence - essentially not acknowledging the debt, and hoping for statute barred status. The loan has since been sold on, and Egg no longer exist. I received a letter from Canada Square, who were the people who, apparently, managed the PPI for Egg, stating that I was identified as someone who was, potentially, mis-sold PPI. I was DELIBERATELY mis-sold PPI, as the policy does not cover me as a self employed person... I know that there's now been a PPI deadline declared (am I correct there? Can someone clarify?) I want to claim this NOW - BUT... how does this stand with the outstanding debt? Surely, in claiming the PPI on the debt, it's as good as acknowledging the debt? Or will this me a safe bet, as I am dealing with Canada Square and not the original lender (who do not exist any more anyway)...? Would Canada Square have any reason to get in touch with the current DCA who owns the debt?? Help all you financial Eggheads! (no pun intended) Can you all pitch in your 2 pennies worth please...?
  11. cheers... used to be they HAD to supply a copy of the CCA with the writ, when filing for an Ordinary Cause (my case is Ordinary Cause), but no longer need to - simply aver to it - opens it up for all these idiot bottom feeders...
  12. I'm lead to believe that Cabot are useless at getting their hands on paperwork. I have an issue with them just now - case sisted.. . I am still waiting for a response to my request for the CCA, from about 3 months ago... I'm gonna keep my fingers crossed for you and hope you never hear a thing again... Question for the more learned folks here though, does the statute barred clock 'restart' in a situation like this...??
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