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Everything posted by haldeman

  1. I desperately want to avoid a CCJ, so am a bit paranoid about dealing with them. What happens if they resume the court action? Do I get the chance to respond? Many thanks
  2. Hi Guys I'm still battling it out with Restons and this is their latest salvo. It sounds like nonsense to argue that the prescribed terms were on the back of the form. We're talking nearly 20 years ago and I have no recollection about the form at all, but would have thought that if anything was on the back of an application form it would be generic terms and conditions and not the prescribed terms. I'm unsure about the reference to the 2004 regulations however. Any thoughts on how I should respond would be greatly appreciated. Thanks for all that you do. Re
  3. Hello again everybody. The latest from Cabot is attached. They are tenacious for sure. Am I right in thinking that the reconstituted agreement is not enough to satisfy the s 77/78 request for a 1998 agreement? Any suggestions for how I should respond would be much appreciated. Many thanks Cabot 18 11 16.pdf
  4. Thanks all. That sounds like a result. Thanks for all that you do. You have given me invaluable help and advice.
  5. I filed the defence on 23 September so 33 days are up. Do I need to do anything regarding the court?
  6. Hi Guys Sorry - it took me a while to get the use of a scanner. Restons sent their letter , a copy of the original application form (as attached), and a print out of all of the statements going back to 1998. They clearly think that the copy application form is not enough to satisfy the s 77/78 CCA74 request, and state that in their letter that "legal proceedings remain on hold". Should I write back to them with any kind of offer, or should I invite them to cancel the court action? Many thanks for your help Cap One Scan.pdf
  7. Hi guys and gals This is the latest from Restons. I would be very grateful for your thoughts and advice. Many thanks Reston 18 10 16.pdf
  8. Yes - short and sweet. I'll take out the references to the previous correspondence with Cap One. Thank you for your guidance. S
  9. Hi all Sorry for the previous faux pas. Redacted documents now attached; one letter from Cabot and one from Restons. I have drafted up the following as a defence and would be grateful for any comments before I lodge it. Thank you all again in advance for your help. Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5(3) in relation to any particular allegation to which a specific response has not been made. The Defendant has in the past
  10. Hi all I've had what I assume are the standard responses from Cabot and Restons, copies attached. I need to submit my defence to the CC claim form. Is there a template defence that I could look at. I have looked over the following from Dire1's sainsburys credit card "debt" thread, copied below, which looks good to me, but any thoughts would be welcome. Thank you for your continued support, guys. Defence 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and reli
  11. Thank you, dx. I will review once I get back from holiday. Many thanks for your kind assistance.
  12. Many thanks for responding so quickly, dx. And thank you for the advice. I calculate that I need to lodge my defence by 4 October - I guess I need to let the timetable in the s78 and CPR31.14 run out before I do so?
  13. Hi Guys I thought this one had gone away when CAP One (the original creditor) couldn't produce the agreement, but Restons are now on the case. Answers to your initial questions below: Name of the Claimant ? CABOT FINANCIAL (UK) LTD Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 26 AUGUST 2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER TH
  14. I thought my latest letter to Freds might interest or amuse some of you. Thank you for your letter dated 25 February, 2013. Your continuing failure to address the entirely reasonable questions raised in relation to the alleged reconstituted credit agreement that your clients produced with their letter of 18 June, 2012 has led me to review this matter more fully. On 16 July, 2012 I wrote to your client pointing out that the reconstituted agreement contained an error in the calculation of the rate of interest due. In extensive subsequent correspondence
  15. Thanks CitizenB. No, I never did get the SAR. I only wanted it to see if they had a copy of the original credit agreement, or the copy signature that they claimed to have. It's pretty clear now that they don't so I wasn't really bothered about it. I wasn't going to make a fuss about it for so long as they are leaving me alone, which they are for the present. Do you think I should make the complaint to the Information Commissioner in these circumstances? I have this irrational fear that if I irritate Crap One they will have another dig around in their archives and come up with
  16. Very interesting, thank you. In my case the reconstituted agreement contains a calculation of the APR being X% plus bank base rate giving a total of Y%. Only trouble is bank base rate on the date they say the agreement was signed does not tally with the calculation contained in the reconstituted agreement. I realize that APR is not a prescribed term, but it seems to me that this error gives rise to the suspicion that the reconstituted agreement shows terms as they existed at some other date. If that is the case how can they, or I, be confident that it is a true copy of the original.
  17. With help from CAG I've been doing battle with Capital One for the past year. I CCA'd them and got a reconstituted agreement that stated the wrong interest rate so I've been arguing with them that they have failed to provide a true copy. I've had perodic letters from Freds and one from Bryan Carter. In each case I explained that I had not been provided with a true copy of the CCA and until I received one they should not be attempting enforcement. It seems pretty clear after all this time that they don't have a copy of my agreement, which dates back to 1997/8. Nor do they have a copy of my
  18. Thank you all. I doubt they'll want to make a test case out of me, so I'll rest more easilly for now. They haven't actually supplied a copy of the scanned signature so I've asked then to do so now, if they actually have one.
  19. I'd be interested to get the Brigadier's view on this, if he's around?
  20. Two things have happened this week. Firstly Cap One wrote in response to my SAR request, long after the forty day time limit was up, saying that they couldn't deal with my request as I had not signed the letter. Lots of advice already on CAG for that one so I will respond in suitable terms. Today I received a response to my letter telling them that they had failed to provide me with a true copy of the CCA. They ignore the fact that the interest rate was wrongly calculated in the copy they provided, and they claim to have sent me a "scanned copy of the signature page from the Agreement,
  21. Thank you, Brigadier. I'll get on to the bank to cancel the standing orders. I very much appreciate your time and attention with all of this.
  22. I've now got three letters (one for each account) from Aktiv Kapital saying that as MBNA cannot produce the CCA they are putting collection activities on hold. I've been paying nominal amounts to each account each month. Should I stop these payments now?
  23. Many thanks Brigadier and (opps - what happened to the other guy?). I'll send this off recorded delivery, no signatures, tomorrow and send a copy to the Data Controller. S
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