tbern I just found another mixup in there names. In the defence they sent in they said 12- it is denied that "cabot" has ownership of the debts. It is the defendants case that Kingshill (No 1) limited are the owners of any debts to which the claimants refers. The claimants admits that of the 4 accounts he refers to only one still constitutes a debt which alleged to be in dispute. but when I dug out my letters I found the letter saying they now own the debt and guess who owns it "cabot financial group", I don't actually think theis is a true bisuness registered at register house. It was also on standard Cabot finacial europe paper. Oh how I love these people, they just keep feeding us more evidence.

They really are tying themselves in knots. They keep referring to all the companies at all the wrong times. It helps my defence and again I would like your permission to share some of this info in court. They wnt to use whichever name helps them try to wriggle out of a situation then immediately use another name to get out of the next. I will need to be carefull not to tie myself up with this when I get to court and keep a clear head.

Can you point me to the section in the CCA that covers this? thanks I do also have another question. Is there a time limit on the reclaiming of PPI?

yes, you can claim your money back and have it put against the balance. I would also checkout the PPI if you took it as it was probably made a condition of you taking the loan and if it was then it was unlawful and you can claim it back. All of it from day 1 inc the APR they charged you. Good luck. Let me know if you want the details I have sent to them in my letters climing my PPI back. I have calculated over the last 8 years they have raped me for over £25000, yes £25k:eek: I am going after every single penny, then after that I will make them recalculate my settlement figures and after that I will go for my unlawful fees. Oh goodie.

The defence they have submitted for my claim against them is exactly this. They say I have not sent my CCA to the correct company, although they do kindly tell me the name of the correct company...how do they now who the correct company is if both companies are adhering to the data protection act. I am looking forward to my (our CAG) day in court.

I guess that all court cost are paid by them if they settle before, don't show or lose.

Well. What happened. How can you tell us you will call tomorrow and not let us know what happened....

MMM yes that is all you need. Just send them the standard SAR with your adress and an old address if you moved during or after the term of the finance and they will suply the info. I found that GE mssed an old loan I use to have but once I pointed it out they soon sent the data. good luck.

thanks for the link.:grin:

No it is the formr, it is settled. I am just wanting to push these sods as far as I can. I know the PPI is refundable it is hard printed on the agreement (maybe why they can no longer find the agreement) and the charges are also due but just wondering if the PPI was incorrectly detailed on the agreement can I chase them for the full amount of the loan.

yes, I got the statement of account as a simple printout but it showed the PPI (£400 on a 3000 loan) and £400 charges. So I thought before I go for the PPI and charges I would like to see the agreement, but they don't have it anymore and also stated they don't need to have it. But I managed to find a copy in my files tonight and as pointed out above the ppi is added to the loan amount before the APR is applied, so now I need to find out what that entitles me too. What a bl__dy mess my finances were in. Its great to turn the tables.....

Excellent, I have the GE (Tricity loan) and a Clydesdale that both do this. So even if they are paid in full can I claim the PPI or can I claim the full loan? thanks ps can someone send me a link to a copy of the CCA 1974, thanks

I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold) questions 1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document. 2 - And if it is lost how can they share my credit info. (well that was a few questions) Thanks

pm sent

Which debt collector are you going to use to chase them for the debt when they don't pay? You also forgot to add in the claim for distress!!

Yes, you can do this. Hopefully. They tend to payout about 7 days after the case is issued good luck

This may be a learning for other from outside England to post the English N1 form direct to the English court as that seams to be the standard 14 days to acknowledge then 28 days to file defence. could you cancel the one you have started and send it direct? I am in Scotland and just posted it to an English court all very quick. Sorry for your delay.

See my post above to DDD.

DDD To be 100% safe you should resend your prelim (if it was me having now done nationswide twice, £6000 first time (to keep it under £5000) then over £10000 the second I wouldn't bother redoing the prelim just change it for the LBA. You could email the updated Prelim to save a couple of days? [email protected] I also wouldn't bother splitting the claim to £5000 chunks, the main reason I did was because there weren't many folks that had been as free giving my cash to the bank and claiming 5 figures back, but there are afew now and the process is the same. Saying that they have only paid up the 8% at the moment but the case is still running. Next friday they have to have the defence in. Good luck. ps, a mod or helper will probably come along and tell you to stop hijacking someone elses thread and go start your own - just letting you know...o:)

falkirkjambo What have you done so far? Have you 1 - sent a prelim for less than £750 then plan an LBA for less than £750 or 2 - did you prelim them for the full amount then plan an LBA for full amount but only claim for less than £750 in court each time? If you have done 1 above then if it was me I would probably start again as it is only 14 days and it will save time in the longrun. If you have done 2 then all you have to do is issue the N1 form to an English court on the leeds address, I have used Halifax, Customer Relations PO Box 548 Leeds LS1 1WU I have LBA'd 1 account and waiting for my second LBA time to be up next week then I will be issuing 1 court form for both. I use the Morpeth court as I am in central Scotland too and it is the closest county court to me. Good luck.

Congratulations, I wasn't too far out with my guess. Yes they do pay the money claim fee and also any pending charges since your last statement are generally cancelled. Keep watching for the balance, it took them a couple more days before the bulk of my cash was in.

this seems to be the latest ploy, I was offered a sum before I even got my statements, wrote to accept as part payment and got a letter back saying as I rejected the offer I could sing for any cash. When I got my statements the charges were for almost 3 times the offer and the interes another 2 times the offer. LBA now issued and waiting until mid next week to file my claim in England so I can go for it in 1 visit. I wouldn't even phone them, so long as you have done the prelim and LBA and timelimit has expired go get em.

If you SAR Cabot it is 1 fee for all account, but I only did the CCA on Cabot Financial Europe ltd and got sod all. But they tend to use 4 different company names that they are happy to share info between but when you contact them they use the "sent to the wrong company" as a defence. Look through my Cabot thread to see the defence they are using. I found a letter from them for a recent debt and it says Cabot Group purchased the debt, it came on cabot financial europe headed paper but Kingshill register the info in the Credit files and Kingshill & Cabot financial are wholy owned by Cabot Financial Debt Collections ltd confused.....you will be. good luck.

Sent Citi my CCA request but no reply within 14 days. Part way into ythe 14 days I sent them a prelim asking for my PPIs back on 3 loans, stated I could not supply the figures as I have not received the agreements but gave them the agreement numbers. And early this week have sent them an LBA for the estimated amount as they still haven't sent agreements or any communications. They have til tuesday next week, But today I called the customer help(less) line and after they put me on hold for 2 x 10 minute periods they came back and said they could not find 2 of my agreements and the 3rd I could get from my local office. They are putiting this in writing. Oh goodie. I am now going to have to read up more about what I do if they don't have an agreement....I think I have read stuff about getting all interest back. Nice!!! more homework. ps, I loved phoning my local office and speaking to the manager who was very "distant" and just kept saying that the legal team were in constant communication with the branch. I got a number for their legal department 0118 956 2423 & Customer Liason team 0800 0156 609

mmmm see your point.