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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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Today I went to court with my husband to deal with a case against Cabot Financial (UK) Ltd and Cabot Financial (Europe) Ltd.

 

These companies had previously tried to take my husband to court over two Credit Card accounts in December last year. We didn't recognise the companies involved so defended their claim by asking for the CCA's and SAR's for the accounts involved.

 

There were no CCA's and the SAR consisted of mainly generic letters with a recent dates on - so could have been for anybody anywhere? As a result of this Cabots were struck out of court - Judge had ordered Cabots to provide the necessary papers to prove their claim they failed to do so.

 

It was then that months were spent writing letters trying to get to the bottom of what Cabots were doing. It seemed that our friends in Cabot wouldn't show anything more than an Application Form to represent the CCA. WW wrote and told us that "we are not going to chase you for these accounts/debts - we are just going to keep writing crap to the CRA's and adding interest to these accounts". Naturally - that isn't a charming prospect is it? SO WE FILED A COURT CLAIM AGAINST THEM :D

 

In our Court Claim against the two Cabot companies (remember one buys the debt - the other processes the paperwork) we asked for ALL THE PAPERWORK.

 

Cabots filed a Defence using their solicitors HODSONS who basically filled our letterbox with the same old papers - totally irrelevant generic crap.

 

TODAY we had the AQ HEARING Cabots/Hodsons sent in a Local Locum solicitor lady - she was very nice. She was briefed by her clients to push to fast track hearings so that Cabots could push to get costs off us etc.. Now baring in mind that this claim wasn't about money - it was about PAPERWORK - the lady kept twisting and wriggling and trying her best to complicate matters to gain fast track in court.

 

Everytime it came to Hubbies turn to speak she interupted and kept bringing other issues which were nothing to do with the claim into the mix. The poor judge was looking confused and worried and the amount of papers in the folders to date = baffling!! Well I must say I got fed up and was there to help my hubby - two heads being better than one and all that. I then decided it was time to tell judge what we REALLY wanted.

 

A SINGLE DOCUMENT REPRESENTING EACH OF THE ACCOUNTS IN QUESTION IN THE FORM OF AN ENFORCEABLE CCA WITH THE CORRECT TERMS AND CONDITIONS TO REPRESENT THE CORRECT TIME OF ISSUE OF THE CARDS INVOLVED IN THE CASE.

 

It was simple - the Hodsons person screwed faces at the skeleton argument I presented judge with and she made several attempts to complicat matters by throwing other documents across to Judge like sale agreements etc.. she did earn jher dosh by trying really - the point I made was to keep the Claim simple at this stage and show Judge that the CCA was the foundation document the other papers didn't matter until a point where the CCA was proved to be correct and fully enforceable.

 

Fortunately the argument used was clear and simple and Judge issued an Order to Cabots to provide the relevant CCA's with all of the correct terms and condition as per an enforceable agreement. Cabots have 8 weeks to do this in or be struck out of court again. :D :D

Now let's see how they manage to complicate that order!!!

 

I post below the skeleton argument used to get this result today.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Skeleton Argument

For the Attention of Case Manager

 

 

 

In the Matter of

Claimant V's

Defendants (1) Cabot Financial (Europe) Ltd

(2) Cabot Financial (UK) Ltd

 

CLAIM NUMBER -

 

1. This argument is intended to elucidate and clarify the issues that appear to the defendant to be hampering the speedy and equitable resolution of this court case, in order to expedite the directions hearing and management of the case. It is intended to be read in conjunction with the defence I have already submitted.

 

BACKGROUND TO THE CASE AND PREVIOUS LEGAL ACTION

2. The defendant brought a case against me on 4th December 2006, alleging that I had defaulted on two credit agreements. Case xxxxxxx issued at Rugby County Court and later transferred to xxxxx County Court at my request for a local Hearing. 3. After several disclosure requests, and a court order, the defendant failed to provide any enforceable credit agreement and the case was struck out on xxx xxx 2007.

4. Despite the fact that the court has already struck out the claims, the defendant continues to report inaccurate data about myself, despite a section 10 notice to cease and desist such processing, and has indicated its intention to continue updating such information(exhibit 1)

 

5. Subsequently, the defendant has provided within their Defence two documents it claims are the executed credit agreement (see attached, Exhibits 2 and 3). I respectfully submit that the defendant is bound to these claims by virtue of s172 of the Consumer Credit Act 1974.

6. It is my belief that these credit agreements are unexecuted, and that the court should use its powers under section 141 of the consumer credit act to determine the rights of the parties.

7. Further, it is my contention that this is unwarranted, and that by registering and updating default information on an unexecuted agreement, the defendant is attempting to bypass the will of parliament.

UNEXECUTED CREDIT AGREEMENTS

8. I refer in this section to both alleged agreements, exhibits 2 and 3.

 

9. Under s59(1) it appears that such agreements are void. It is therefore denied that these alleged credit agreements are valid for the purposes of enforcement by the courts.

 

10. In respect of that which is denied, if the court should decide that these are not void by virtue of s59(1) :

 

11. It is respectfully submitted that these agreements are improperly executed because they do are not in the prescribed format set out in under The Consumer Credit (Agreements) Regulations 1983. Each agreement was made before section 15 of the Consumer Credit Act 2006 came into force. Therefore, by way of schedule 3, s11 of the consumer credit act 2006, those sections otherwise repealed by the Consumer Credit Act 2006 section 15 remain in force.

 

12. Consequently, the court is precluded from issuing an enforcement order by way of s. 127 of the Consumer Credit Act 1974, since these documents do not contain all the prescribed terms defined in the Consumer Credit (Agreements) Regulations 1983, these being defined by Reg 6(1) as being specified in Sch 6 to the Agreements Regulations for the purposes of s61(1)(a) and s127(3). (The omitted terms including Credit Limit, Rate of interest, and Payment terms under the Consumer Credit (Agreements) Regulations 1983 schedule 6.

13. The claimant requests that the court use its powers under section 141 of the consumer credit act to determine the rights of the parties.

 

Data Protection Issues

14. It is the contention of the claimant thatthe defendant has unlawfully processed data, in so far as it is updating data held by third party credit reference agencies, and for the reasons given in this section

 

15. Thedefendantat no pointnotified me that it was processing my data; this is in contravention of the data protection principals of the data protection act 1998 ("the act") schedule 1, part 2, s2 & s3.

 

16. The defendant, knowing that no legal obligation exists between the defendant and I, and by continuing to report the account as in arrears is failing in its duty to process data accurately, as required under schedule 1, part 2, s 7 of the act.

17. Having entered no lawful contract with the defendant, or the original creditor, (the alleged agreements having always been invalid as improperly executed) the defendant is now, and has always, been processing my personal data unlawfully with no legitimate interest in contravention of schedule 1, part 2, s9 of the act.

18. The defendant admitted, in a letter dated, 28 march , that it considers the amount outstanding "irrecoverable"; it is my contention that, knowing this to be the case (that is, that there was no basis in law to attempt to recover any money under the agreement), it is against both the spirit and letter of the law that a creditor should be able to continue to process data, and distribute that data including allegations of bad faith (that is, a default, or arrears on a credit agreement) rendered unenforceable by law.

19. It is further my contention that by updating the information at the credit agency, the defendant is continuing to process this data. The information at the credit reference agency expressly states that the defendant is the creditor, and having purchased all rights and duties under the agreement it is the data controller for the purpose of the data protection act 1998.

20. It is respectfully submitted that, a debt rendered unenforceable in the courts by the express will of parliament should not be enforced by any means whatsoever, and that the protections rendered by virtue of the consumer credit act should protect the claimant against unfounded allegations of default or arrears made by the defendant. The attention of the court is drawn to Wilson v Robertsons (London) Ltd [2005] EWHC 1425 (Ch) thus:

 

'What the 1974 Act does is put in place a bright line over which the parties, and in particular the lender, must not step…’

 

21. Further, it is the contention those at all relevant times this credit agreement was unexecuted, and that therefore there is not, and has never been, any lawful obligation to repay monies to the defendant, and that as a consequence any allegations that such an obligation exists are unfounded.

REQUEST FOR COURT ORDER

22. In view of this skeleton argument, I respectfully request the court determine the rights of parties to the credit agreement.

23. Further, I respectfully request pursuant to section 14 of the act, that the court order, the defendant cease and desist processing my personal data, that it requires any third party the defendant has disclosed my data to destroy this data.

  • Haha 1

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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any updates on this one?


post office

WON 12/11/06

 

 

abbey

LBA sent 30/10/06

MCOL claim submitted 8/11/06

allocation questionnaire sent 16/12/06

schedule of charges sent 16/12/06

WON

 

2nd abbey claim SAR sent 3/1/07

WON

complaint letter sent 18/1/08

 

alliance and leicester

WON

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any updates on this one?

 

 

YES sorry I had replied with update on my thread recently - I forgot about this sticky.

 

Next Hearing is on 15th January 2008. This is for allocation of track etc..

 

Cabot's have simply replied to Courts previous Order and sent to us a repeat of the same paperwork copies of application & reply card - nothing like what we have asked for sight of so we do continue with this case.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Hi ;

 

Am I correct in saying that if these DCAs such as cabot cannot supply a CCA then they have no grounds to demand payments ????????

I was rushed to hospital following collapse while walking and told later poss brought on by stress.

Iam retired on a small pension and as an earlier result of illness and loss of job was unable to pay my credit cards and overdraft.

These have been sold on so in the event they cannot produce the original CCA do they have no case???????? and if I pay monies I cannot afford (which I have ) and it makes me ill which it obviously is does that constitute admittance on my part and nullifies the possibility of no CAA.

 

Many thanks for any help

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in the event they cannot produce the original CCA do they have no case????????

Yes.

 

and if I pay monies I cannot afford (which I have ) and it makes me ill which it obviously is does that constitute admittance on my part and nullifies the possibility of no CAA.

The copy of the agreement is a legal requirement. Without this the debt/account can not be enforced even in a court of law. The fact that payments have previously been made is irrelevant.

 

I would suggest that you start a thread on your own personal circumstances where you will receive a lot of advice and help.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi bucksmill!

...Am I correct in saying that if these DCAs such as cabot cannot supply a CCA then they have no grounds to demand payments ????????...

 

Many thanks for any help

The answer to your question is basically...YES!!!

 

I would advise U to read through as many Threads as U can concerning this first, so that U get to understand the principals.

When U feel that u are ready, start your OWN Thread + Post your development, so that other Members can assist U if U have any queries.

 

The basics are that if the DCA can't produce a TRUE Copy of the Original Credit Agreement, as per the CCA 1974, within 12 working days, then U can LEGALLY withhold payment to them, cos it is THEY that have Defaulted.

 

If, after One further Calendar Month the DCA still haven't provided it, the DCA has committed an offence + the 'alleged' Debt becomes 'Unenforceable'.

 

Be mindful of the various amendments that have been enacted recently though, as these may apply to U.

 

Best of Luck!...:)


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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: Learn to Type Quicker!!!...:rolleyes:


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Hi Folks ;

 

Many thanks for help the forum the site everything.

I am reading reading reading.

I now have what i believe to be a sensible and very pertinent Q

The following is an extract from the Limitations act 1980 which most if not all of you folks will know.

 

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

 

Where the debt has been sold on to A and then to B who lets assume cannot provide a CCA then even if money has been paid to them (because I was not wiser) then as was pointed out in an earlier post I CAN STOP paying and demand the CCA which most likely will not be forthcoming in which case as I understand from info gleened here then the debt is NOT enforceable.

IN ADDITION would the weight of law also be in my favour if the original seller lets say Barclays sold this debt on OVER 6 years ago so on the one hand the current aledged debt holder has no CCA and the original holder if they do have one are over the 6 year limit.

 

Many thanks

 

As advised I am reading and gleening with a potential plan of picking of one of my creditors re CAA claim and see how I fare.

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The Limitation Act probably doesn't function here, as you've paid under the original agreement - albeit to a different party to that agreement due to assignment or sale of the debt.

 

What the Limitation Act doesn't do, is effect the legal status of any query you make regardint the debt under the CCA. Making a s.77/s.78 request effectively places the account "in dispute" which means they shouldn't be collecting, or attempting to collect, on that account until the dispute is resolved to YOUR satisfaction. This is the reason why you've been told to withhold payment - without satisfying your dispute, they can't legally enforce the debt against you.

 

I suggest you start your own thread, in the relevant sub-forum, bucksmills, so we can give you detailed advice on how to handle/proceed with your issue. It's all very well reading around the forums for background understanding, but when it comes down to querying your own account, we can't offer specific advice on someone's elses thread.

  • Haha 2

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Any News on this thread???????


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 8)

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Well yesterday was fine really - case has been adjourned till after June 2008. Hodsons Solicitors who are defending for Cabots sent along the same lady representative with a remit to apply for fast track and costs at anycost - she estimates somewhere upto £15k so they won't settle for less than fast track (like the track is Cabots/Hodsons decision anyway? who do they think they are?).

 

Couple of reasons for this adjournment - we know the defaults are due to drop off in June 2008 - damage is already done to us due to the longevity of Cabots damaging our reputation writing to CRA's - we reminded Judge damages were at descretion of court if applicable at that point. Our position was - at this stage even going straight for another hearing it was going to be sometime June/July time so default period was complete then - so we'd be running up costs for something that had finished? So it was better to make Judge see this now?

 

Cabot's still haven't supplied any CCA's as per the order issued by court previously - so 15 months and they still happy that an application form is an agreement (chortle chortle - what planet are they on?) they'd still like more time for coming up with the CCA. Also they offer absolutely no legal argument against what is said in our skeleton argument - Judge is convinced we make sense - Hodsons Rep says to Judge she had no argument in what we were saying either (= she couldn't muster up a defence for her clients either???? :-) ).

 

Case will be relisted after June where we can decide whether to persue Cabots for Damages for their full 6 years of Damaging hubbies reputation or whether we discontinue claim completely and incurr no further cost risk elements etc.. because default period naturally ends then. (we can assess the likely damage costs if we decide to continue actions)

 

Hodsons Rep says it is likely that Cabots would want to pursue us for costs to date whether we pursue claim at that point or not - Judge replied that he wasn't happy with that idea and he recommended each party bare their own costs - and he wrote this in the files and made sure it was on the audio tape too - so there will be no confusion later should Cabot try it on chasing costs. (ha ha ha :grin: geez that made me happy!!) - because it was an allocation hearing Judge couldn't issue and order - so he made sure it was down in file to avoid later confusions.

 

So what we did was basically hold Cabots back - have given ourselves opportunity to see whether they do quit writing to the CRA's and defaults drops off - Cabots have to pay their own costs so far - which they'll not be happy about. Our aim was to not see Judge allocate a track to this claim until we could properly assess damages due and whether defaults ended naturally in June - we can decide ourselves then whether we want to continue for damages etc.. or whether we want to discontinue and sue for Damages at that point - the decision will be ours.

 

But we are happy with this result - as the default end dates played a big part in the angle we took yesterday - also we haven't incurred any unreasonable costs ourselves - also this means Cabots pay their own costs and will have to wait and see what we decide to do - they will be unable to chase us any further regarding default balances and costs - so all in all Cabots didn't get anywhere at all - BUT we got exactly what we wanted :grin: :grin:

Hodsons representative tell's Judge she wants costs for her clients and rambles loads of crappy stuff purely to throw focus off their wrong doing - so Judge tells her "how can you apply fast track for costs when you don't know what the costs and damages are now?" she didn't reply.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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hi all just found this amazing site!!! sorry if this is the wrong place but im new to all this. today i came home from work to find a letter from eci debt collectors reguarding cabot, this states that i owe money that i have never heard of, this goes along with letters from capquest and lowell (which i understand to be mickey mouse firms that bully people!) am i right in thinking this is more of the same, like i say i dont know what this is all abouy and its the first letter i have recieved. again sorry if this is the wrong place but any help would be greatly appreciated

 

 

benh01

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Hiya Benh01,

 

Your best way of getting help is to start a new thread in the relevant forums (this is the right one for Cabot related stuff) then your posts will get attention of readers and you will get all the help you need to deal with matters etc.. This way you can keep track of where you are up to in your own threads and this will help others with similar questions too.

 

You'll like it here as you'll get lots of help. Your best start is to keep reading, you'll learn plenty here - then ask any questions you have.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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This will help you get started;

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

(Also your first bit of "help") ;)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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hi all just found this amazing site!!! sorry if this is the wrong place but im new to all this. today i came home from work to find a letter from eci debt collectors reguarding cabot, this states that i owe money that i have never heard of, this goes along with letters from capquest and lowell (which i understand to be mickey mouse firms that bully people!) am i right in thinking this is more of the same, like i say i dont know what this is all abouy and its the first letter i have recieved. again sorry if this is the wrong place but any help would be greatly appreciated

 

 

benh01

 

Realize I'm a little late responding to your post

 

but let me advise you that this is not an uncommon practice by these DCA's..........do a search..........then if you find someone with a similar name chase them in the hope you have got the correct person

 

It's known on here as shotgun collecting.....fire wildly& hope you hit something if you find I'm right you must report them to the authorities

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Can you please let me know which claim form you used to the Court when sueing the DCA, as I am in a similar situation, thanks

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Can you please let me know which claim form you used to the Court when sueing the DCA, as I am in a similar situation, thanks

 

 

GRH -I used an N1 for this claim - just the same as for Bank Charges reclaim etc..

 

To keep it within small claims limits we asked "damages at discretion of the court" instead of asking for a mentioned sum of compensation - this way the defendants couldn't argue money with us and it made sure that the case/claim was about paperwork etc..

 

If you want to see what we used in the Particulars of Claim in this PM your email address to me and I can copy these to you if it will help you.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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(EDIT)

Pardon? ;)

Edited by rory32
quoting spam with commercial links in it

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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(EDIT)

Pardon? ;)

 

:confused:

Edited by rory32
spam removed

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Pardon? ;)

 

 

pqrs487 - did anyone see what was posted by this person? was there any relevance?


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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As soon as i see them in my email I delete them without opening cos I does'nt speak Mandarin

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Elizabeth as in the quotes above from myself and Car2403. This was exactly as was advised to me by email and as I found it this morning. Apparently the poster had about 58 posts that were exactly the same gobbledegook so no, sorry, I have no idea if there was anything of any relevance. ??


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 3805 days.

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