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  1. Hello everyone, been reading all this and glad I did so signed up to get your thoughts. I have had my CC balance handed over to Link in the last few weeks, I called Link yesterday as they had left several messages on my mobile/house. Also a number of text messages. I have'nt yet received any letter from them though. When I spoke to the adviser, usual thing, very pushy and asking if I could clear the balance. I told him that I hadn't received a letter from them and that one should be sent out in the first instance. He replied. we sent you one on the 12th of this month, I asked for them to resend it again please and all he did was divert to try and talk about the balance. At this point, I said until you send me a letter I do not acknowledge this bill, send me a letter then I will take it from there via letter only. He said "We prefer to deal over the phone here" lol... I replied, "I like to have paper trials" he replied "sure, we'll play along" Joker.... after reading many comments the way forward is to first send a CCA request and give them the 12 days?? One thing I dont understand after seeing all the replies people are having back from Link is the letter from mbna 3 weeks ago said... "Following previous correspondence, which confirmed the termination of your MBNA credit agreement, please note you are still required to repay...." This is what, according to many people Link are saying, that the agreement has been terminated therefore no CCA can be provided. This is a new debt where I only defaulted in the last 6 months. I have other DCA agreements that are fine and they have ALWAYS sent me a letter first Whats the best way forward people?
  2. The Financial Conduct Authority has taken over from the OFT. You can find all you want to know about Debt Collection Guidance, etc HERE Also in the CAG Library HERE
  3. Hello, I am currently applying for new jobs and have been offered an interview as a Relationship Manager for RBS. This job does involve giving financial advice and the job description does state that a credit search will be done. I'm writing to ask if anybody knows what level of credit search they will be doing? My history is that I defaulted on three personal loans in 2010 and a credit card in 2012. I then worked to a debt management plan which I have remained up to date on without missing a payment. I am now using a redundancy payout to pay the remaining debt with a reduced settlement - 25% reduction on outstanding balances in return for repayment in one go. I do not have any CCJ's. Does anybody have experience of this? Is it worth going ahead with the interview?
  4. Hi I am new to this forum and urgently need some help and advice. In February 2006 I became unemployed, got into difficulty with my mortgage payments and was eventually forced to sell my flat; after the mortgage was paid I was left with a small amount of money which I hoped would give me a fresh start in a different location. I moved home, set up with my 'new' partner, put some money into his business and looked forward to my new life; sadly my partner and 'our' business did not work; the business was wound up, my partner moved out of the rented house we shared, I sold the shop and its contents which fortunately managed to clear the debts that had been accumulated. At that time in 2006 I took out a credit card with Lloyds Bank and used it for living expenses , also at that time my health deteriorated and I was unable to continue working so could not service the credit card. Because of my chronic health problems I was eligible for Disabibility Living Allowance, Employment Support Allowance and I qualified for social housing. I am currently living in a housing association property, in receipt of housing and Council Tax benefits; my total income is made up on those benefits. I heard nothing from Lloyds unit just recently; last Friday I received a County Court Summons issued by Restons Solicitors on behalf of Cabot Finance demanding £3408.39 plus £265 in court fees; I believe I did have PPI on that credit card but did not make any attempt to reclaim it. Now the CC summons has arrived I have no idea how to approach it; is it too late for me to approach Lloyds to ask for a PPI refund, or do I ask the court for an adjournment; I need some advice. I have chronic ill health, suffer from rheumatoid arthritis, ulcerative colitis, I am diabetic; I have no other source of income and no assetts to call on to settle these debts. Any help and advice would be gratefully received.
  5. Hi I received a claim form this morning and was looking for advice on the best way to follow this up. Heres the details Claimant Cabot Financial UK Limited Date of issue – 04 June 2015 What is the claim for – 1.Defendant entered into a credit agreement described by the original creditor as CITIFINANCIAL-CREDIT CARD and having account number ********** 2. The claimant, a uk limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3. The defendant is indebted to the claimant in respect of the account in the sum of ***** 4. The Claimant claims the said sum of ****, plus costs. What is the value of the claim? £2500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? 2001 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? I may have many years ago. Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Became unemployed in sept 2006 What was the date of your last payment? Unknown Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Most likely at the time. Sorry I do not have exact details or paperwork this is a very very old debt.
  6. Hi I'm hoping that someone will be able to help me with some issues I'm having at the moment. Back in 2007/8 I got into trouble with my Credit Card (Yorkshire Bank) and was unable to pay.. .over the last 4 years I've been having letters sporadically from a company called Cabot Financial and more recently from their solicitors Wright Hassal. Long story short.. . they have issued a Claim in the County Court in Northampton which states that I owe roughly £4500. My original debt to the YB was around £2500 and the rest amounts to various interest charges and also some extras that Cabot appear to have added on. Now, I do not dispute the fact that I owed the YB around £2500 and in my reply to the court have stated the following as my defence: I dispute the Default time period - Cabot state the account went into default in 2010 (I know it was well before that but do not have any proof) I also dispute the amount owed. Back in 2011 I was getting bombarded by Cabot with phone calls every day for this debt and one other that they had bought (from Citi Card for £1650) and in the end paid a figure of £50 in the hope that we could arrange an agreeable payment solution for both accounts. I did this over the telephone and have no record of which debt the amount was taken off. I didn't hear from them again for several months and then ignored any letters they were sending as I just didn't have the wherewithal to pay anything. I have now received a letter from their solicitors Wright Hassal stating that they do not accept my defence and they will be instructing the court that they wish to progress the Claim. In the same envelope they send another letter which offers a 10% discount and headed WITHOUT PREJUDICE SAVE AS TO COSTS. I have spoken to the court this morning and they tell me that a letter has been sent out to me from them which will explain the next steps and that Cabot wish to mediate to get payment. Can someone help me please I don't know what to do for the best? Many thanks in advance...
  7. Wow....One for the record books! HERE Source - Credit Today I'm mightily surprised about this! Time to get claiming folks!
  8. Hi Everyone, First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful. At the moment i am going thru the same level of stress and anxiety. I recieved a Small Claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot financial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached. As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland. I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow. In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now. As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great. ******************************************************** Dear Sir/Madam: I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents: 1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. ****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART**** 2) The Deed of Assignment ****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT***** 3) The Deed of Novation ****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE***** 3) The Notice of Assignment and proof of service of said Assignment Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 4) The Default warning letter 5) Default Notice and proof of service of said Default Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 6) The Credit Card Agreement as mentioned in your particulars of Claim *****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE******* I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer. ********************************************************************* PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP. Hope to hear from you guys soon Thanks for your reply the documents in pdf
  9. I have a debt with the above company. Was originally a barclaycard debt and is for nearly £7000. all i get is the odd e-mail asking for urgent contact,they obviously dont have my address YET! what can i do to get rid of the debt? Thanks Naylz
  10. Hi there, don't know if I have posted this in the right place, basically in June 2011 I signed up to a plumbing course with strain for trade careers hoping to better myself. Within 1 year of the course alarm bells were ringing, the finance company was cdf I'm sure you have heard of these before, the course was 5678 pounds I've already paid about 3000 now there are chasing me for the 2580 something, they put a ccj against me and I wrote to the court explaining my situation, they wrote back to say try and resolve it with the company Cabot financial, who have now passed it on to wright hassall, I received a latter from wright hassall on Saturday to say they will give me 10 percent off this to pay in full. Then today I've received a letter for mediation, I just don't know what to do, half of me wants to dispute it as it was mis sold and not fit for purpose and other half wants to pay it to have done with it all, I just don't want to incur anymore costs, has anyone had dealings with these before?
  11. I am upset and angry that the Financial Ombudsman Service clearly has no regard for vulnerable consumers using their service. I would like to warn people DO NOT use the Financial Ombudsman Service. My first complaint was against my bank Halifax, lending me money I could not afford to pay back, breaching parts of the lending code, and that they had leant to me whilst breaching their own lending criteria. FOS sided with Halifax saying they did nothing wrong, even though I'm nearly £14 in debt. My second complaint was against Debt Free Direct. I had complained that they had used my DLA as income, the FOS said they had to. They still insisted I was getting £962 per month, this is not correct as it was £888 per month. Said Debt Free Direct had done nothing wrong, no surprise there. I moaned about the fact I had paid in "2790 and they had only paid £158 to my creditors, they said they couldn't. I am sat here in tears, the FOS are an utter bloody disgrace who do not help the consumer. ]I would warn people do not use them at any cost. Totally flabbergasted!!
  12. I have an outstanding balance on a capital one card from years ago . I was recently contacted by Cabot financial saying that they want to work out a repayment plan. My partner said that as it was from years ago I should send a statue barred letter to Mortimer Clarke the solicitors working on behalf of Cabot. Have been waiting weeks for a reply and a letter has come today from Cabot saying that I made a payment on 25th August 2011. I honestly don't remember making this payment but now they say I have to repay the debt. Is there anything more I can do? The capital one debt is not on my credit file do you think that Cabot will get this put on there? I am working hard to rebuild my credit file after some stupid decisions from years ago. Thank you in advance for any help
  13. Posting this in attempt to try to help my friend who was quite irresponsible with her credit cards. I think they are all with different banks and she says no way for these to be combined into one or for her to get a loan (bad credit rating) to pay them off. £1000 overdraft on each card so £3000 in total plus monthly interest rates piling up on top of each sum plus I think there are some late payment fees too or something. She only can make small payments (meeting the monthly minimum) but it is going on for her for almost 3 years now and because of the interest rates piling up on top of the rest each month, she can't see the light at the end of the tunnel and I am worried for her because of this. Her health is affected as well as her general mood. I am noticing psychological effects too, she is becoming short tempered with her nearest and dearest (including me as best friend) which is really not like her. She's got no money for buying presents for family or anyone else, no holidays, nor for new items of clothing or to afford more than 2 drinks somewhere out once or max twice a month and that's pretty much the only time she spends out of her home and workplace, apart from when buying groceries. She's basically got no life because no money and the paying off seems to be taking painfully long. I know she has some sort of depression symptoms too. The situation is very stressful for her and she cries often, she doesn't tell me but I know this. Are there any options/solutions to make paying off these overdrafts more manageable? Even if she could put paying off 1 of the cards on hold would be helpful...? Any hacks/tricks are welcome! She's got a job working with kids on a self employed basis and paying her NI and taxes but she's not being left with much at all after paying rent, bills (houseshare with others) and travel expenses. Does a bit of paid extra work in childcare but it's only enough to barely keep her head above the water. In some weeks when the extra childcare not needed, she's got no money for food.
  14. Hi all, I have looked through a few other threads, as there are quite a few regarding Cabot/Restons, but can't find anything like my situation, so hopefully someone can help. This is my other halfs issue really, but am trying to help her out as much as I can. Back in November 2014 we got a few letters from a debt collection agency about a Vanquis credit card debt it said my wife owed. She did not recognise the debt, so we wrote to them asking for a CCA and statement. We have kept a photocopy of this. We didn't hear anything back, and I will be honest and say we just left it. In June my wife got a letter from Northampton CC saying that Restons had taken her to court for £472.67 on behalf of Vanquis bank for a debt that was taken out on or around 22nd April 2010. We went online immediately and disputed it. I told the court we had never had any correspondence from Restons regarding this matter, but we did have another debt collector and we had already requested a full statement and CCA, which we never recieved. We asked again, through the court for a CCA. The court stayed the judgement. As I said this was back in June. Restons have said they have asked for the information from the original creditor, but they said (their words) that this can be a lengthy process. We told them as far as we were concerned they had 12 days to produce the relevant information. We got another letter today stating that they are sorry for the delay and they are still awaiting the information from their client. The invite my wife to put forward an amicable settlement proposal. Now, I realise we/I have probably done a lot of things wrong here, but where do we go from here? My wife has said (this was before me) she may have taken the CC out, she was with an ex at the time, but she honestly can't remember and she has no paperwork at all for a Vanquis CC (she keeps everything, so I find it unusual she wouldn't have something). So what should we do now? Many Thanks.
  15. Hi, My uncle is about to retire from a skilled manual job. He's been in this job for 50 years but his intended retirement date in October has had to be brought forward due to ill health. My uncle had a stroke and a heart attack just over a month ago. He's worked all his life has never spent anything other than basics. He hasn't done any repairs on his house (he doesn't even have heating) other than the bare essentials (when my mother moved in for a few months about 7 years ago and made him do it to stop the place falling down). So he's very ill, living in an unheated damp house. (The smell of damp hits you as you walk in, there is no wallpaper and barely plaster in places. The plaster is falling off the walls and there are huge cracks. Persuading him to do anything is difficult. Enter the financial adviser. This guy has persuaded him to put one pension into investments. He has another one due and this man is coming over to see him next week. My mother got his name and telephone number and begged him to delay but the man told her that this was urgent. She explained that the situation had changed, that my uncle was sick and undergoing treatment. Representatives from the council told him that the house was uninhabitable and he must move and my mother told this man. Last week my mother and I visited my uncle (we live over 400 miles away.) Mum had been there after he got ill. She's managed to get the council and other relatives living nearer to keep an eye on him and do some essential work. A valuer has visited and given him and us an idea of the possible auction value of the house and an idea of what it could be worth if it was done up. He has options but won't make a decision (he has always looked to authority figures to tell him what to do). So we explained that he could either sell the house and get somewhere smaller or do it up and hope he gets more. Either way he will have to move. He can't do it up himself he will have to pay someone. Meanwhile he does not have any idea where this man has invested his money, he has no list of investments or outcomes. He has little paperwork at all apart from a glossy folder. I have looked this man up and he doesn't have a website. His business name is different from the name on the glossy folder. Uncle tells us that the man told him it was all rather complicated and he would deal. Last week some forms arrived. As we weren't there the adviser's wife came round and collected the forms. We don't know what they were. Of course the adviser won't and can't discuss it with us without my uncle's permission. I get that. Mum has got CAB's pensionwise to try to intervene but my uncle won't deal with them. He trusts this guy. Frankly, I don't but without his permission I seem to hit a brick wall. The red flags are screaming at me; The absence of a list of investments The haste to get this next pension invested The refusal to delay the next meeting The fact that after a lifetime of thrift my uncle has only a small amount in his account (he showed my mother his bank book) The "it's all too complicated for you, I'll deal" that he seems to be saying. My uncle hates change, he doesn't travel, has never even had a passport. As I said he fixates on authority figures (real or perceived) and is really in a vulnerable situation with his illness. As an example he will get the bus to a big supermarket rather than shop locally as he knows where everything is. I think he will convince himself that he can update this house as selling it would upset him but for that he needs savings that he can access. If anyone can advise on anything I can do from a distance bearing in mind he'll not agree to intervention?
  16. It seems they are all crawling out of the woodwork just lately, had a letter from Link Financial this morning with a very brief message. Now I haven't had a good laugh for a while but I managed to crack a smile at this one, I haven't had an account with Halifax for over 20 years and even then I had absolutely no credit facilities with them whatsoever. No credit card, no overdraft, no loans, nothing at all. I remember the account being closed quite clearly because they wouldn't allow me to withdraw any money after their cash machine had taken my card for no reason. I stormed in and demanded that they close my account when they finally returned my card and vowed never to use them again! So where have they got this outstanding balance from? The letter has my full name including my full middle name so they must have found something. Not that I am concerned because as stated, I have not dealt with Halifax for over 20 years. Thoughts?
  17. My husband and I have settled any debts a long time ago, it was a bit of a shock when a company called Link began telephoning our unlisted landline and demanding I confirm my identity over the phone. They phoned daily for some time, and wrote regularly. I was wracking my brains trying to think of anyone we'd missed all those years ago, but couldn't. I ignored them for some time as I was sure I owed nobody anything, but the letters began threatening legal action, as they do, so I CCA'd them and they dropped the case immediately! Although this is a good result, I'm still a bit confused as to who they are, where they got our info, and who they think we owe money to. Do you think it's worth following up or just forgetting forever?
  18. Has anyone claimed or in the process of claiming for miss selling between August 2009 and October 2012 of investments to customers
  19. Name of Claimant - Cabot Financial (UK) Limited Date of issue – 8th September 2015 – issued counterclaim, defence dated by Mortimer Clarke Solicitors 14th September, received 18th September. What is the claim for (verbatim) – 1.By an agreement between original creditor & the Defendant dated xx/xx/2003 (“the Agreement”) original creditor agreed to issue the Defendant with a store card. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant on xx/03/2015. THE CLAIMANT THEREFORE CLAIMS 1. 2xxx.x0 What is the value of the claim? 21xx.x0 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Store card When did you enter into the original agreement before or after 2007? Before 2007 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 - Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware and as far as I know not received Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments? Waiting for SAR which was not received, in fact they took the £10 fee for full disclosure and applied it to the account instead. What was the date of your last payment? 1/09/2010 Was there a dispute with the original creditor that remains unresolved? Yes, made a SAR to original creditor which they never responded to, see above. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and was making payments on this plan and asked for SAR.
  20. Hi Everyone, I'm going to tell you my experience to date so that others may learn from it. It's not quite over yet but I think it will be by next week. Feel free to ask me any questions. I live in SW Scotland and in Feb 2014 I approached a local family run company to quote for double glazed replacement windows. The sales director sent me the quote from his email address. I responded with a query and then accepted the quote by email. His email address was then automatically added to my Outlook email address book. The work was carried out in May 2014. The fitters did a really good job and I love the windows so there's no problem there. The problem started on 2nd June 2014. I received an invoice from the company asking me for immediate payment but that invoice didn't give me one jot of information on how to pay them. In fact it was very poor, it had no company reg number and no T & Cs either. I sent a quick email to the sales director (using the address already stored in Outlook) asking for payment details. I got a response which mentioned 'New bank account' signed by the director from the sales director's email address. I logged onto my bank account (Cahoot) and setup the payment online. This all happened early afternoon. Then around 4:30pm I received a second email from the sales director's email address but signed by the girl in the office. It gave me different bank details. I presumed that the company were in the process of changing bank accounts and that maybe the directors hadn't communicated it yet to the staff. It was too late in the day to check with them when I picked up the email. At about 7:30 that night Cahoot performed a security call. In it they asked me if the payment was going to the windows company to which I said yes. The next day I received an email from the sales director asking me where the money was because they hadn't received it. I was given the run around until the 11th June when I had become very suspicious and stopped communicating with him. In the meantime the bank were trying to trace where the money had gone. They sent me the necessary proof on the 20th June. I then got in touch with the company and sent the document to them on a different email address. I told them they could now put pressure on Barclays bank because they had definitely received the money. They instantly replied asking why Barclays when they were with Bank of Scotland. I sent them all the previous emails and the girl in the office phoned me and said they had never sent the emails to me. She asked me what I intended to do and I said I was going to phone the police, which I did. The police investigation is ongoing and there are now 8 other victims none of them to do with the windows company. Not once did this company try to talk to me or investigate the circumstances. Their first response was when I was on the phone to the office girl and the sales director was asking in the background if I was insured. The next thing they did was get a solicitor involved and sent me a demand to pay up. I went to my own solicitor and showed her the email. She told me I have paid. The company did a few things that made me very suspicious about them. They never chased me for the payment when I had told them they should received my payment by 3rd June at the latest and they deleted all their emails which were police evidence. I had my computer checked to ensure I hadn't been hacked which I hadn't. I then had the email headers looked at by a computer expert and they have shown that the so called fraudulent email was sent to me via the window company's server. It looks as if someone within the company logged onto a google email account (which is largely anonymous) and somehow intercepted my email but not quickly enough to stop another person in the company from also seeing my email. My next step was to complain to my bank. There had been no warnings on their screens to tell me that I wasn't protected by the Faster Payments System or that they don't check the account name. The bank's response was to tell me they didn't want the criminals to know this! I said if that was the case they could have told me during the security call. They dismissed my complaint. I went to the Financial Ombudsman. The adjudicator also dismissed my complaint twice but I appealed and it finally reached the Financial Ombudsman. The bank had very conveniently lost the recording of the security call but somehow the FO managed to get them to find it. It was because of that security call that she upheld my complaint. She says that the bank led me to believe that they checked the account name. She also said that the bank had authorised the payment and not me. She ruled that the bank should re-imburse me for all my legal costs, the debt owed to the window company and any other costs so that I am not out of pocket. This decision was made in May 2015 from my initial complaint in Aug 2014. My solicitor was amazed at what I had achieved. I would say that the Faster Payments System is not secure enough. The customer has no way of checking that the bank details provided by a company actually belong to that company. Criminals are now putting people into companies to spot loopholes in their security/admin procedures in order to send out fraudulent bank details to unsuspecting victims like me. You could ring a company to ask them for their bank details and the person you were speaking to could give you their personal information and you would be none the wiser. There is nowhere to verify that an account belongs to a company. Once you have paid the money it is impossible to get it back unless the bank made the error. I believe that in other countries they use a third check like the company reg number or an NI number. When the bank finally got in touch with me in August this year I asked them who makes the decisions on the court case if they are now paying. They said that I do no matter what the cost! They also said that they didn't want me to settle out of court and they wanted the hearing to go ahead. I have put in endless hourss of work on this and accumulated some very good evidence to defend my case. A legal debate is scheduled for 22nd October but my solicitor wants to use Counsel for the debate. They are saying they have struggled to find anything in law to help them and have had to go right back to Victorian law. They say the contract was formed via email and the company should have ensured that their email system was secure because I had relied on it. At the mention of Counsel the bank have started squirming. They rang me on the 22nd and said they were refusing to indemnify me after that date. I went back to the Financial Ombudsman with this information and she told me that wasn't quite what had been discussed. So everything is currently up in the air with the case. It looks very much like I will have to settle out of court because I cannot afford to fund this on my own. If the criminals are part of the company they will receive the money twice. I had hoped that the bank would help me see this case through to its conclusion so that I could have possibly had an outcome good enough to help others that follow in my footsteps. I may never know who was responsible for sending me that email because the police are just following the money. I now have a lovely set of windows with no guarantee.
  21. Hi, is there a set procedure which Banks, building society's and investment Co are legally, duty, morally bound to follow, if an account holder/investor reports suspicious activity (Fraud) on their investment/account.? I ask as recently I reported a suspicious activity (Fraud) on an investment and was told it was transferred out to ( a person known to me) and "we will be investigating" I asked should I report it to the police and was told that was my right to report it to police but "we will investigate". I decided to report the fraud and contacted, Action Fraud. I explained money had been transferred out of an investment without my knowledge or authority by a person known to me. Action Fraud explained that it was the reasonability of the investment Co to investigate. and that I could not action any police investigation until investment Co had completed their investigation. I could only give details which would be filed away. I was in contact with the investment Co while they were investigating, and asked "Will the account of the recipient be frozen to prevent them removing/transferring money out, after a few replies that they could not give me those detail (Data Protection Act) I finally got one employee to confirm the account had been frozen. I have recently found out that while the investment Co were investigating, the account the money was transferred/deposited to was not frozen and now the money gone/spent. So my question : Once fraud reported, is there a procedure which Banks, building society's and investment Co need to follow in circumstances like mine to protect investors money from being lost/spent/transfered to other accounts by fraudsters, ?
  22. Within the reply I received from the judicator was; "the business has accepted that its level of service was poor during their investigation of your **** fraud allegations and complaint. In this respect, the business has agreed to my suggestion that they award a payment of £150 for any trouble and upset caused" The above offer/award is only available to me if I sign to accept that it is a "full and final settlement of this complaint". Although this would not prevent me asking an ombudsman to make a final decision.
  23. Hello, I wonder if anybody could help me. I came to the site from Google as I typed in some information relating to Cabot Financial and a Claim Form and somebody had already posted a thread a long time ago. I tried to follow the thread but I got really confused. I am feeling quite stressed about this issue so that may be why I found it hard to follow, so I appreciate if this sounds familiar to you already but I may need some step by step help. I would be so thankful in return. A few years ago I went travelling and I missed some payments on a Lloyds Bank Student Credit Card (£500 limit) and they labelled it as 'Default'. My mother had moved address while I was travelling and so I failed to receive any letters from them about this. I have no legal experience and stupidly thought that because it stated the account was 'Satisfied' the payment must then be erased and my punishment must be the 6 year Default on my credit file. I therefore pretty much forgot about it and carried on with life. I signed up for Experian Credit Report about a year or so ago. Suddenly I started receiving letters from a company called CABOT FINANCIAL about a debt I had to pay them. I stupidly ignored the letters as I hadn't heard anything about the Lloyds debt in years and so didn't understand why I had to pay another company a debt from years ago, plus I couldn't afford to pay them the £663 they wanted. I heard something years ago about if they are not able to contact you personally and get a response then they cannot claim anything from you. Eg. Never answering the phone or replying to letters. I now realise this is not the case as I have received a COURT CLAIM FORM from CABOT FINANCIAL. This is what appears on my credit file. LLOYDS BANK CREDIT CARD Default Date 27/01/2012 Default Balance £663 BALANCE: £0 CABOT FINANCIAL (UK) LTD Default Date 27/01/2012 (They certainly did not contact me until the last 1/2 years but the date isn't shown) Default Balance £663 1st Question: Can I have two DEFAULTS on my credit file for the same amount? Eg. Both Lloyds and Cabot for the one debt I had. 2nd Question: Can anyone help me to respond to the CLAIM FORM from the COUNTY COURT BUSINESS CENTRE. (Details below) CLAIMANT: CABOT FINANCIAL (UK) LIMITED ISSUE DATE: 15TH SEPTEMBER 2015 PARTICULARS OF CLAIM: Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK CREDIT CARD and having account number **************. The claimant, a UK limited company is the assignee and legal owner of all rights previously enjoyed by the original creditor. Amount Claimed: £663 Court Fee: £60 Legal Representatives: £70 Total Account: £796 Do I acknowledge it, defend, contest it? I cannot afford to pay it. I am off sick due to anxiety and depression and only get £315 a month. I also have a Lloyds Current Account that has just defaulted due to not being able to pay and I have a £3000 Halifax bank Overdraft which is nearing the limit. I wish I hadn't buried my head in the sand but the anxiety stopped me opening the letters and these things don't go away. Sorry for the long post. I really would appreciate any help and advice you can give. If you need any further information please feel free to ask. Thankyou.
  24. Hi all, first post but have been doing some reading so hopefully we have a bit of an idea what we need to do and hopefully this post is in the correct place, if not, please feel free to move it! Back in 2008 due to family health and work issues, we ran into severe financial difficulties. We had several credit cards and came with to agreements with all but one to pay a full and final settlement. This all took us several stressful months to sort. We had defaults issued against us and began to manage our finances alot better. The one credit card company eventually moved our debt to a DCA but at no point did we respond to their letters or frequent phone calls. It now appears the old DCA has moved our debt on to a company called Cabot financial. It looks to be a fairly standard letter asking for the payment or for us to contact them to sort our an arrangement. Upon checking our credit files, I see all of our defaults are now gone and there is no mention of the outstanding debt. Do we simply contact the company using the following template? Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years If not, any advice as to what steps we need to take would be greatfully accepted. Thank you in advance.
  25. I got a ccj form last week for a debt i owe since 2007. The details are as follows:- 1, the defendant entered into an agreement described by original creditors as Citifinancial credit card and having account no xxxxxxxx. 2, The claimant, a uk limited company is assigned and legal owner of the right previously by the original creditor in respect of the account. 3,The defendant is indebted to the claimant in respect of the acct in sum of £3000. 4, The claimant claim thesaid sum of £3000 plus costs. The claimant is Cabot financial UK and the ccj form was sent from County court business centre, Northampton. The last time i made payment to citi credit card was in Nov 2007. I have never responded to any letter from either Citi or any debt collectors. I am thinking this is a case of limitation Act 1980 which i would want to state in my defence. I haven't returned the acknowledgement of service form yet. Please i need help on how to go about it. Thank you MJ
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