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Found 584 results

  1. Hi All I was issued with a claim on 9th January which I acknowledged through MCOL, i need to file a defence soon and needed some advice, am I correct in saying that my defence is due by the 11th Feb? The following are the POCs: date of issue - 9th January POC 1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the defendant on or around 05/11/2012 ('the agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the defendant with a credit card. 2.The defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claimant. 3.THE CLAIMANT THEREFORE CLAIMS 5xx.xx The total amount including court fees etc is £6xx.xx Am I correct in sending a CCA request to the Claimant as I have no documents from them? The answers to the questions you require are as follows: Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not to my memory What is the value of the claim? £5xx.xx Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 2007 (2012 according to POCs) 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. Assigned to Cabot Financial (UK) Ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to memory Did you receive a Default Notice from the original creditor? Not to my memory Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? probably 2013 but cant be sure as this was long ago What was the date of your last payment? Not sure 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? No Roland60
  2. I received ANOTHER Ordinary cause action yesterday. ( am in the middle of defending an Ordinary cause from Y+K already) This time from Nolans, on behalf of Cabot who have bought the debt from Opus (haven't heard of them until now) who were assigned this card from Citi. And along this 'chain of command' I've not had any notice of assignment etc... I'll be defending this one too, in the same way, but quick question - it is nearly 5 years since I had dealings with Citi, and Nolans states in their letter/writ that ALL correspondence must go thru them. I will need to SAR and CCA for this card, and I know that the SAR usually goes to the initial lender, but in this case, as they seemed so insistent that all correspondence go thru them, should I just SAR Nolans??
  3. Lowell's Solicitors are chasing an old debt (6yrs old) - as mentioned in post #1 old catalogue debt for JDWilliams & Oxendales Never seen a letter like this from them before Tactics or can they go further with this? Thanks LowellSolicitors.pdf
  4. I'd seen recently on my Equifax file that an old BT debt was being recorded by Lowell This was chased by and already paid to Credit Resolve in 2017 I emailed Lowell last week along with proof of payment asking them to remove the entry They've said: Good Morning, Thank you for your email, I have noted your comments and would be happy to assist you. Account Number Original Client Current Balance xxxxxxxxxx BT PLC £72.84 I appreciate the comments you have made and I can see from the screenshot provided this shows the balance due was paid on the 31st of May 2017. Your query We’re investigating this matter with BT PLC and will let you know of the outcome. What happens next? You don’t need to do anything. The account is on hold and we will contact you again as soon as we hear back from BT PLC. If you require any further assistance please don’t hesitate to let me know. Kind Regards, Hakim Lowell Financial, part of Lowell I've paid, I don't owe them, would I have to wait for them to investigate or should they be removing the entry straight away? Can I go back with the 'remove in 14days or I'll start legal action line'? Thanks
  5. I received a letter from Cabot Financial claiming they own an old debt of mine from four years ago amounting to £7800. This debt may be genuine as I went through a very bad time during my divorce mentally and lost my business and home. I thought all my debts were settled at that time so I would like to challenge them as my credit file shows no debt. I have sent a prove it letter and would like to know my next step, a CCA request or SAR request should they persist. I have read that sometimes unsecured debt cant be enforced because the relevant paperwork is lost, is that correct? I am about to retire and have no assets. Thanks in advance
  6. Hi all, I started a previous thread to share my general issues, but am posting in this section for specific advise relating to First Direct. Previous forum address here if anyone is interested: http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action I had an account with an overdraft, credit card and loan with First Direct (all pre Apr 2007). I defaulted on payments for the credit card and loan back in 2009, at which point, they closed my account, merging the credit card and overdraft together as one debt, and the remaining loan as another. Since the default in 2009, I have been making token £1 monthly payments to Metropolitan Collection Services; I have since moved house a few times and hence had no contact with them. Aiming to sort things out once and for all, I joined this site, and under some much appreciated advice, sent out a CCA request to Metropolitan last week. First Direct have responded, sending back my CCA letter (but keeping the postal order???), saying: The letter is not signed (didn't think I needed to) - they want me to provide a specimen signature My current address does not match their records (it wouldn't as I have moved, but my credit file address is up-to-date) - they want me to provide the old address to match their records. From this, I gather that FD still own the debt as Metropolitan did not write to me. As mentioned, my credit file is up to date with all addresses. Does anyone have any advice on how I should proceed? Are they trying to delay and does the time limit of 12+2 days still apply? Or, are they valid in their requests? Any help much appreciated Thanks AM
  7. Just received a letter from Santander stating my overdraft has been sold to Cabot The letter states that Notice of Assignment will be forthcoming from Cabot In the same envelope was a welcome letter from Cabot stating the usual things about 'how my experience Cabot will be different' blah, blah, blah. The account was setup in 2005 and the overdraft is approx £5400 The last payments to the account I am aware off would have been Jan/Feb 2013 Not sure what the process is regarding overdrafts and what documentation is required etc to prove in court, so if it's a different ball game compared to a typical credit card or catalog debt then I would really appreciate the heads up regarding what to expect now.
  8. Hi Folks, Been disputing a debt with Cabot for some time and eventually it has been issued as a claim to which I have responded as per the guidance in the forum. Very helpful thank you. So back in December 2018 I filled out my AOC and then 31CPR and then my Defence. Today I received a letter from Cabot chasing the debt asking me to pay, are they allowed to send me a letter to collect when it has now been escalated to a court case? Where do I stand? Any thoughts, guidance, greatly and warmly received. Thanks.
  9. Ok, sorry, its me again Andyorch, Another Northampton Court Paper has arrived Ive attached details below Name of the Claimant ? Cabot Date of issue – . 12th August 2016 What is the claim for – 1.The Claimant claims payment of the overdue balances (set out below) which the Defendant have failed to pay as required under Contracts with the following particulars Acc No XXXXXX Acc No XXXXXX between the Defendant and Lloyds TSB dated on or about Sept 18 1993 and Oct 06 2005 respectively The Contracts were assigned to the Claimant on Nov 02 2012 Particulars - Acc No XXXXXX Acc No XXXXXX 16/07/2016 - Default Balance - £4500.22 16/07/2016 - Default Balance - £9340.55 Post Refri Cr - NIL Total - £13840.77 What is the value of the claim? £13840.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 x Credit Cards 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. Assigned to Cabot and yes they have issued Claim Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Don't think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so?? Why did you cease payments? Lack of work What was the date of your last payment? Defaulted in 2010, but then was paying £1 for a few years, then ceased this about a year ago Was there a dispute with the original creditor that remains unresolved? Don't think so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I wrote to them in 2010, and offered them the £1 per month Ok, please can you help me with what to do next 1. / I need to acknowledge the claim form - I haven't done this yet and intend to defend all of the Claim???? Haven't been able to access MCOL all weekend! 2. I presume I send off another CCA Request to Restons? 3. Send off a CPR 31:14 to Cabot 4. Please can I ask if the 6 year timescale is from when the Debt started in 2010 or when the £1 contributions ended? Your help and advice would be hugely appreciated again with these Court Papers
  10. Name the issuing court: Glasgow Sheriff Court Who Is The Claimant: Cabot Financial UK limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand. The said agreement was an agreement under the Consumer Credit Act 1974. The date of termination was 31/03/2017. The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same. The last payment to the account was 02/02/2017. The said sum of £1778.81 is the sum sued for. The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so. Last Date Of Service:- 09/01/2019 Last Date For Response:- 30/01/2019 What Documents are listed in Box E2: Simply states No Defence – No evidence required No stateable Defence (Rule 4.4 breach) – no evidence required Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required) Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card BOX D5 what has the claimant state: The Claimants request that the court order the respondant to pay the sum of .£1778.81 from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After 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 sure Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so When was you last payment:- 02/02/2017 (according to the form) Hi All, Looking for some guidance and advice please, if possible. Around 5 years ago I took out an Aqua Credit card. Unfortunately, I was unable to keep up the payments and defaulted. The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored) I have now received a Simple Procedure Notice of Claim. Any advice gratefully received. Many thanks, Pete
  11. Hi I received some excellent advice from CAG after I had some major employment and debt issues between 2008 and 2011 which resulted in a number of my accounts defaulting, once again I am in need of assistance please. One of the alleged debts I defaulted on was in respect of a BOS Credit Card, under duress I continued paying £1 per month until August 2016 when it was sold to Cabot Financial. The balance claimed is around £4k. Cabot quickly passed the account to Restons who wrote in February 17 threatening legal action to which I issued an unsigned CCA request together with a £1 postal order. Restons rejected the CCA request as it was unsigned, therefore I signed it and resent it with a letter as follows; ___________________________________________________________________________________________________ Further to your letter dated XXXX in response to my second formal request for a copy of the original credit agreement for your reference shown above. I am somewhat surprised at your request considering you have happily sent personal information to my address if you are now uncertain that I am the correct person. For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 nor the Data Protection Act 1998 for my request to you to be signed. Never the less, I return to you now signed my original letters dated 23 March 2017 and 28 March, together with Postal Order: for £1. This postal order represents the fee payable under the Consumer Credit Act 1974 in respect of my request for a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and must not be used for any other purpose. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state in line with s.127 (CCA1974). I look forward to receiving the documents requested within the next 12 days. ___________________________________________________________________________________________________ I have also sent an unsigned CCA request to Cabot which has been acknowledged and is in process. I have today received the attached letter from Restons advising legal action is commencing, although they have stated the Postal Order and letter has been returned this was not included in the envelope. I have contacted Royal mail to obtain confirmation the Postal Order has been cashed. I would really appreciate guidance as to how I should respond as Restons appear to have no inclination to provide a copy of the CCA and appear happy to proceed to court on this basis. Many thanks Bozalt IMG_1942JPG.pdf
  12. Hi all, Hoping for some advice if possible. Early 2017 I received a claim form from Cabot for an old Yorkshire Bank overdraft debt - I wasn't in the best position at the time but did manage to file a standard claim defence through MCOL and then was told it would be sent back to the client to review. Heard nothing and am now in a much better situation out the blue approx a week ago I received a letter from the solicitors with the documentation I had requested in my claim defence etc. I have attached a copy of the letter they have sent me and they have also sent full bank statements, notices of charges and a notice of assignment. The claim is for approx £1000 - £875 from the account and the rest in solicitor fees. As a bit of context, the account was held from 2013-2014 and I had a serious gambling addiction at the time, essentially any money I received I was spending straight away on gambling. I had a current account with Yorkshire Bank with no agreed overdraft, yet I was constantly able to go several hundreds of pounds overdrawn, and of course the fees made this worse. Based on the bank statements they sent, I accrued approx £850 of bank charges in the 10/11 months I used the account (these were at £25 per charge for unplanned overdraft and a couple of £35 returned DD). Note the final balance now is not just charges as some of these were paid off during using the account. I was in a cycle where I would be overdrawn, credit the account and return to a positive balance, then be allowed to go overdrawn on gambling transactions and then charges would be added and the cycle would repeat, until I ended up so deep overdrawn I abandoned the account. Towards the end I was able to go over £600 overdrawn in gambling transactions, and then £185 fees were also added to this as well as extra debit interest that accumulated. The letter states they would like to settle without further court proceedings and that I can propose a repayment plan. After some research online I believe one option to me would be to submit a formal complaint to Yorkshire Bank about the charges and my financial situation at the time and how I was constantly able to go overdrawn by a large amount, and if necessary go on to the Ombudsman after. Do you think this is a good approach, and would it stop Mortimer wanting to proceed with court action whilst the complaint is considered? I am of course open to any other suggestions! Thanks a lot and sorry for the long read, please let me know if any more info is required. Attached: Letter received today Statement of amount owed One of the bank statements (towards the end of the account) as an example - can see it started OD, went into credit, then ended more OD than it started (unfortunately i no longer have copy of original claim form or my defence - trying to access MCOL to retrieve these but wasn't thinking straight enough to keep a log of my details when this all started a couple of years ago) Thanks for any advice
  13. Hi, I've received a letter "NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS" alongside a booklet from accountant in bankruptcy. I assume that I will be receiving a summons shortly, any advice? Thanks in advance, didn't expect this
  14. Good evening all, I've done a bit of research trying to close accounts which led me to requesting CCA's to Cabot. I sent two for two different accounts which they took off Halifax (1 x CC & 1 x Current Acc Overdraft). I posted the following to them: Dear Sir/Madam Account No: With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (sections 77-79) , I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account. A speedy response would be appreciated to resolve the matter amicably. I look forward to hearing from you soon. Yours faithfully THE LETTERS WERE RECEIVED ON 17TH/18TH JULY AND TODAY I RECEIVED THE FOLLOWING LETTERS: Thank you for your CCA request etc etc... We currently do not have this information on file. However I have requested the relevant details, which include a copy of the credit agreement, statement of account and relevant terms and conditions from the original lender. You have requested a copy of the Deed of Assignment. Please be advised that the DOA is a confidential document between Cabot and the original lender. It does not contain any personal details relating to you or your account and is not available for disclosure. We sent you a Notice of Assignment for your account to your address, which is sufficient to confirm our ownership of this account. Only the courts can request this... Blah blah blah. A couple of things here... I asked for a true copy, they are referring to simply a copy. If they do obtain a copy, is this enforceable? Also is it acceptable what they are saying about disclosing the DOA to me? I don't ever recall being sent a Notice of Assignment, if I did, is this sufficient to confirm ownership and enforceable? I have been currently paying towards what they are claiming, on a monthly basis via DMP. The next payment is due in a couple of days. Should I continue paying or is it advisable to stop until they wholly action my request? Thanks in advance and any help/advice/feedback is much appreciated! I'm looking to get a mortgage by the end of the year so I can get my son into the school I/he wants. Many thanks.
  15. Hi, I have today received a letter from Cabot chasing a debt from an old Aqua card I defaulted on back in 2016. It's the first letter, there's no other information in there, no notice of assignment, nothing. Is there an initial response letter I can send to them. Cheers.
  16. Hi folks, situation with MEIII/Cabot/Nolans..... Nolans have issued me with a Court Claim. I have then gone back to both Nolans and MEIII with a CCA Request - Nolans denied they received the £1 PO and they had CCTV footage to prove it but in response to the MEIII CCA request I received a response from Cabot...?? (Confused!) The letter stated they did not have the paperwork on file and accepted they had missed the 12 day deadline but it was going to take 40 days to get it from the original lender...The letter even stated a different sum owed.! My Last Date for Response to the court is Thursday this week. What would you guys suggest as a way forward? The amount claimed is for a loan I had entered with Yorkshire Bank 2002 Any advice greatly appreciated
  17. Hi all I've received my first solicitors letter from Mortimer Clarke re an alleged debt with Cabot which according to them originally links back to Sainsbury's bank. I'm not the best with finances. I'm off work on ESA with Bipolar/Depression/Anxiety since 1996. Most of my mail gets thrown away unopened. I know this is bad. I've checked my equifax credit report and it shows a default with Cabot credit management group on 15/03/13. There is nothing on my equifax or noddle credit file mentioning Sainsbury’s at all. Any contact re sainsbury’s financial products I’ve had in the past would have been well over 6 years ago. The last contact I had with them was around 2009. Yes I may have received letters but never acknowledged or replied. Neither have I been on the phone to them. I’ve been given until 16/05/17 to respond to mortimer clarke solicitors who have been ‘instructed to issue a claim’ by cabot. I’m not sure if the debt exists and if it did, whether it is statute barred. What should I do? Many thanks
  18. I recently made a section 78 CCA request to Cabot who I have been paying a debt off to for 2 years. There was another 12 months left until I realised I could make a CCA request to them. I received a reply today saying that they could not get the info from the original lender, and the account is unenforceable. What data position does this place them in? Can they still request from me or use my data in any way? What about the default under their name on my credit file?
  19. These seem to be coming thick and fast now.. Received the attached claim form on Christmas Eve! Name of the Claimant ? Cabot Financial UK Ltd Date of issue – 21/12/2018 Particulars of Claim 1.By an agreement between Vanquis Bank Ltd & the defendant on or around 16/3/2015 Vanquis Bank Ltd agreed to issue the defendant with a credit card. 2.The defendant failed to make the minimum payment due & the agreement was terminated. 3.The agreement was assigned to the claimant. 4.The claimant therefor claims £290.77 2. costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ? No idea, but a lot of these letters tend to be ignored, or go in the bin. What is the total value of the claim? £365.77 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?Credit card When did you enter into the original agreement before or after April 2007 ? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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? No idea Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? It was around the time of the birth of my daughter and I fell behind due to everything that was going on at the time as there were complications and we had an extended stay in hospital What was the date of your last payment? Sometime in 2015 I think 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 planicon? No I'm guessing I should just log into MCOL and select defend all? The sum they are claiming looks like it was a lot higher than the credit limit. Should I just defend all and send them a CPR 31:14? 1888_001_Redacted.pdf
  20. Any help appreciated I bought a car on HP in 2003, It was beyond my means and I only made 4 repayments -the car was repossed in 2005. I had a company called Marlin ringing me at work constantly and I was bullied into paying £15pm - I moved house and changed banks and the payments stopped in 2013. In 2015 I had letters from Cabot requesting money - over the years I have argued with them over the debt. They say it was assigned to them in 2016 yet I have statements from the original HP company in 2007 showing the balance - so how can they have it assigned if it was still with the original lender. It was due to become statute barred on 01/02/19 - however Mortimer issued an online claim on 27/12/18 - I defended and requested a SAR - they have only sent me 2 out of 9 pages of the credit agreement - which includes PPI and Gap insurance. There are various inconsistencies in the paperwork, dates amounts etc. Do I stand a chance in court of getting the claim in my favour or should I just negotiate with the Solicitor on a reduced amount?
  21. Hi all My wife recently received a County Court Claim Form which we have decided to dispute in full. I've completed the details below. I would be really grateful for your help with next steps. From reading other threads it seems my next move should be to send a CCA request to the Claimant and a CPR 31:14 request to the legals reps. Is this correct? Thanks --- Name of the Claimant: Cabot Financial (UK) Limited Date of issue: 09 Jan 2019 - Defence form submitted online on 24 Jan 2019 What is the claim for: By an agreement between JD Williams Ltd Re Fashion World & the Defendant dated 11/10/2015 ('the Agreement') JD Williams Ltd Re Fashion World agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 688.36 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A What is the total value of the claim? £688.36 amount claimed + £60.00 court fee + £70.00 legal representative's costs = £818.36 Is the claim for: Catalogue When did you enter into the original agreement before or after April 2007? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...)? ***Wife is checking - will update*** 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 Unsure Were you aware the account had been assigned – did you receive a Notice of Assignment? No 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? Account was settled What was the date of your last payment? Unsure 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? No, as N/A
  22. Hi, Im trying to unravel my late father's very complicated finances, as I'm his executor. I found a letter from Hoist Finance dated from last year stating they own the account, with an outstanding balance of £2131.92. When I phoned to say he'd died they told me it would be passed to 'Philips and Cohen' - this was mid-January and I've heard nothing (luckily). Having read these forums I then wrote to MBNA requesting all his account data but they replied stating the 'GDPR only applies to personal data relating to a living individual'. is this true?There's also a letter relating to another MBNA debt from Link Financial, so they have sold the two on. I need to know how old these are etc. Letters scanned and attached. The reason I'm confused is I've also written to Santander (using the same template letter) and have received all the loan info so they obviously have different rules! - I'm not willing to settle anything unless I know how old these debts are and what they relate to. We couldn't find any paperwork at my Father's house. Any advice as what to do next - I did send certified copy of probate certificate with my requests. Many thanks for reading! scan0041.pdf scan0040.pdf
  23. Hi Newbie here and I am hoping you guys can point me in the right direction. I've been lurking on here for a few days trying to find out various tips and information regarding my problem. I got into trouble after loosing my job in 2009. I had a lot of debt and couldn't make payments anymore. Entered into an iva in late 2010, made about 5 payments and then lost my new job and had to cancel the iva. I just cancelled my direct debit to the iva and never got in contact with them again. They eventually officially cancelled my iva in spring 2013 and started to get letters from various dcas regarding my individual debts that were in my iva. I paid a couple of credit cards off via dcas with a reduced f and f and got that in writing. But there is one particular debt that hasnt raised its head much. It was for a loan originally with Northern rock which I'm pretty sure was taken out pre 2007. Now I heard nothing about this until about spring 2017. I received a letter from a dca (can't remember who) so I stupidly phoned them up. I said I don't recall this debt so I need some sort of proof of claim. They then left me alone until Cabot sent me a letter in summer 2017. Letter and phone calls ignored, it then went quiet until last weekend when it's being passed to ruthbridge. I presume, because I've not made a payment since originally defaulting, the statute barred clock would start from when my IVA officially finished?? I've only 2 or 3 months to go before it's 6 years from that date so do I just ignore for now? Thanks in advance guys.
  24. Hi folks, For the last few months Cabot has been sending me letters demanding that I contact them. As the failed to provide me with the CCA in 2016, I ignored them. Today I received a letter stating that they are instructing Moorcroft to arrange a visit to my home. I sent them the template CCA letter on 28th July 2016, and received a reply on 3rd August 2016 stating that they were unable to get the relevant documents, and acknowledging the 12 day limit. (I still have all the letters). Up until recently I have not had any communication with Cabot for the past 2 years. My question is there a template letter I can send and where do I stand?
  25. name the issuing court: Kirkcaldy Who Is The Claimant: Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP Who Are the Solicitors: Simon Nolan (Nolan’s Solicitors) What type of action? : Simple What is the claim for – 1. on 21/09/2015 the Respondent entered a credit card agreement with NEW DAY LTD under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974.. 2.The Respondent failed to pay as agreed on demand and is in breach of contract with the said NEW DAY LTD. The said supplier assigned all rights in the said debt of £3079.52 is the sum sued for. 3.The Claimants have made frequent requests to the respondent to make payment of the said sum but the Respondent has refused or delayed to do so. date of raised claim :- 20 November 2018 Last Date Of Service:-14/12/2018 Last Date For Response:- 4/01/2019 What Documents are listed in Box E2 1. No defence – No evidence required. 2. No Stateable Defence (rule 4.4 breach) 3. Defence on Prescription- copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.) 4. Denial of Agreement – Copy agreement dated 21/09/2015 N.B Generic rule 8 order should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead such as assignations or default notices until/unless specific defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be plead due to Omnia Praesumunter Rite Acta Esse (trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419 420) The claim is for a credit card from Aqua BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay the sum of £3079.52 When did you enter into the original agreement before or after 2007? AFTER 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.:- It is the debt purchaser who issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure, sorry. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that I have noticed When was you last payment:- 23 June 2017 Why did you cease payments:- I could not afford the payments, I lost a lot of work and my income went down so low that I was unable to keep up the payments. Was there a dispute with the original creditor that remains unresolved? NO, but I dispute the amount I am being pursued for on the basis that my credit limit was only £1500 yet they want £3079 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes, I offered to pay £10 a week and although they did not formally agree I continued to pay the £10 until June when I simply could not afford it. I have been served with this Form 6A, the simple procedure for notice of claim from Cabot regarding an Aqua Credit Card I had. I have no idea what to do as I am owe money but not £3092, my credit limit was only £1500! Can anyone advise? I only have a few days to respond and dont know whether to ask for time to pay (I have very little to spare, if anything due to my current financial circumstances) or to dispute the claim and stating the reason as being the amount is in dispute... I have filled out the parts requested to the best of my abilities any help is appreciated, i did not realise the date to respond is 4 days from now so im a bit panicky.
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