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

N_Just789

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Everything posted by N_Just789

  1. N_Just789
    Hi everyone, I am having problems getting my SAR. I sent the usual letter and blank PO and this was not good enough for the OC, they sent it back requesting that I make it payable to them and now they have again sent it back to me saying that they are refunding the £10 and not fulfilling request as I haven't signed the letter and I need to send them a copy of passport/driving licence. Is this normal practice? Thanks N
  2. N_Just789
    No DMP...I sought advice from the CAB for debts at that time I had to sign that paper for them to obtain paperwork. The payments am not sure as I don't have the paperwork for it, have moved a lot of times, bits are missing and had completely forgotten about it, hence the original thought that I hadn't even paid it or ever made a payment.
  3. N_Just789
    Hi dx and all Restons it is! Have done AoC and have attached the other T&C, slip and that piece of CAB paper they included. Can I get help with defence as well? Thanks N
  4. N_Just789
    Thanks dx for that. Heres the info...Can I defend this? Thanks N Name of the Claimant ? Cabot Date of issue – 9/01/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 27/01/2015 + 14 days to submit defence = 4pm 10/02/2015 What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Cap1 (Europe) dated on or about ** ** 2001 and assigned to the Claimant on ** ** 2007 in the sum of £1500 PARTICULARS a/c no **************** DATE ITEM VALUE ****2014 Default Balance £1500 Post Refrl Cr NIL Total £1500 What is the value of the claim? £1500 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes...Received a letter from OC but not from DP Did you receive a Default Notice from the original creditor? A Statement of Default...Is that the same thing? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Could not afford, relationship breakdown What was the date of your last payment? According to DP: Jun 2007 Was there a dispute with the original creditor that remains unresolved? No Am awaiting reply to SAR request. Also as earlier in thread have attempted to obtain reply to CCA request Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes in 2007
  5. N_Just789
    Hi Everyone, Hope you all had a good holiday. Update... As expected...indeed I received a claim form today. I also received my postal order back from OC on 8th as they weren't happy with the way I filled it out. So complied and sent it back the same day so still waiting for SAR. Have been looking at the PoC but I don't really understand it, as have had one before, but looks completely different. Should I make a new thread in the forum or can someone help with the defence here? Thanks N
  6. N_Just789
    Hi dx... Thanks for that. Have put request in post today will await their response. Will update further when I hear something more. Thanks once again and happy holidays! N
  7. N_Just789
    Hi dx ...To be fair I have been trying to do that and I did ask about the SAR when you already assumed I had it in June (posts 58 - 60). However, that question wasn't replied to. I am sorry but I find this all confusing. Do I need to send the SAR to Capone or Restons? Thanks
  8. N_Just789
    Hi dx I wasn't sure if I needed to as had done CCA.Would that be my next step then? On the letter it says that I have to direct all future correspondence to them, do I need to send it to them or Cap 1? Thanks N_Just
  9. N_Just789
    Hi Thanks for the replies... No its only 2 yrs as Acc op in 2001 and default in 2007. Thanks once again N_Just
  10. N_Just789
    Hi Everyone... An update to this...There were no payments to this before 2009. The giro has my signature on it. There must be something in it as after a few letters it has been passed onto Marlin who have now passed it onto Reston Solicitors with the intention to issue a court claim after the 31st. This is something I am certain they are going to do, so what can I do now? Thanks N_Just
  11. N_Just789
    Hi dx Thanks for your reply. Sorry but I am a bit confused (embarrassingly so). There wasn't any payment before then. Would I need to send them a letter? Or an SAR or something? Thanks N
  12. N_Just789
    Hi Thanks dx & CitizenB for your replies... @ dx: have only done a CCA, no SAR. ..No payments made before 2009, they only forwarded one signed giro but saying I made 2. @ Citizen B: yes. Do I need to do an SAR as well? Thanks N
  13. N_Just789
    ...any further advice?? Thanks N
  14. N_Just789
    Sorry....@Citizen B...It was a copy of signed giro that they sent
  15. N_Just789
    Hi everyone Hope all is well and thanks for help and replies so far. Apologies for any typos...apart from other things my laptop has had it and using a tablet which is not as easy to use at moment. .the game of letter ping pong continues. I did write back to them and then have had word back from them Letter reads... "...We understand that you have received our recent correspondence, which you do not think complies with your request under section 77/78 of the CCA 1974. Please be advised the definition of a true copy as prescribed in regulation 3 of the CC (cancellation notices and copies of documents) regulations 1983 "the regulations") states what information can be omitted therein. Furthermore, case law shows that a "true copy" does not mean an exact copy however, cabot financial (Europe) limited Cabot have also included the signed credit agreement in addition to the "true copy". This goes beyond our normal obligations and the aforementioned definition and as such is more advantageous to you. We trust we have set our position exactly Yours sincerely Customer care department" Errrr...some of me would like to reply and say 'thank you for telling me in a round about way that you don't have it...now get lost'. However, the other part doesn't get it. Why can't they just provide it? Or are they up to something? Thanks N
  16. N_Just789
    Hi Thanks Daniella and CitizenB for your helpful replies. Been looking through letters I have from Cabot and they are a bit all over the place. One minute they have had the account from ages ago and the next they have 'brought it recently'. One min they claim I have paid a certain amount, have a payment plan and then they come up with something else. Have even received a letter today from them say "your account is with us and have tried contacting you" and to call them to set up a payment plan, but hang on. .they have already claimed I that I had an account from ages ago and a payment plan.. ..I don't get them! I do find it all very bizarre and even though I don't know much it still doesnt all fit together right. Will draft a letter to them over the weekend and send it next week. Does the letter have to have anything else in particular in it or am I just outlining those points made by DD? I was a bit worried before, but have started to do some reading on the forums about them...and they are annoying at best! Thank you so much for your help and enjoy the rest of the holiday and lovely weather Will report back when I hear some kind of a reply Kind regards N
  17. N_Just789
    Hi Thanks for your reply citizenB. With regards to those payments, I honestly didn't remember paying them. They sent proof of the £2 one from previous correspondence but not for the £4. From the CCA request, all they sent was uploaded. There are 2 copies totaling 12 pages long. I only scanned the 1st page of both ('original' and 'defaulted' as didn't want to make the PDF too long.
  18. N_Just789
    Hi DX Thanks for your reply. Please find their reply attached as per instructions Thanks N
  19. N_Just789
    Sorry Daniella... Thanks but I didn't see your post before....and now their paperwork has now turned up!
  20. N_Just789
    Hi everyone, Thanks for your response Brigadier!!! Low and behold, today...paperwork turns up. It contains - 2 letters from Cabot - a photocopy of a signed bit of 'application form' - 12 pages of terms and conditions. 6 'original' agreement and 6 for 'defaulted' agreement - an excel printout of 'payments' received by cabot. One of the 2 letters states that they are able to enforce and they are able to obtain a CCJ against me the second is a 'statement' of account. How can I tell if this is an enforceable agreement and what do I need to do now? Thanks N
  21. N_Just789
    Update Hi Everyone Hope all is well I finally got a letter from Cabot. They havent been able to provide me with what I requested so request is continuing and account is on hold. Agreement is currently unenforceable, so cannot go to court. However, as they have written the letter I am "obliged" to pay it and recommend I contact them. What do I need to do now? Thanks N
  22. N_Just789
    Hi All Thanks for all your help. Have done SAR and CCA requests and will send them out tomorrow as PO is open. Will update once I get something back from them. Thanks once again N
  23. N_Just789
    Thanks dx Ok. Do I send the SAR to Cap 1 or Cabot? Or is it better to send off the SAR to Cap 1 in meantime and when I get letter from Cabot then send off CCA request? Thanks N
  24. N_Just789
    Hi DX No payments before that. However, I thought that originally about the previous disputed ones. I think you are right, I will have to do a SAR. Would that cover the CCA as well? Also while I send off for the SAR, where would it leave me with Cabot? As I am sure their letter will be making its way to my door very soon. Thanks N
  25. N_Just789
    Hi All, Update.....Unfortunately for me Daniella...it seems I did , as I received a letter from them and their proof, so I guess its not statute barred. Apparently their total was made up 2 payments totalling just over £6 but one giro slip for £2. They are also saying that as I wrote a letter to them in 2009, of which they also enclosed it is 'clear acknowledgement of my liabilty to repay the account'. It is indeed a capital one agreement from 2001. They have returned my account to their customer operations team who will now start sending me harassment letters again. . So annoyed with myself! ****** Sorry what I got from them is 1 signed giro slip, a financial difficulty 2009 letter and some signed thing from CAB.*******

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