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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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Capital One Debt /Lowell/ Red debt collection services


247orbital
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Hi everyone this is my first post and it seems after reading through the other threads its best to start my own thread regarding my current situation.

 

I have today received a letter from Red debt collection regarding a Capitol One Debt for £1500, my original balance on the card was £750.

 

I have not spoken to Capital One, Lowell or Red Regarding this debt.

 

I can not remember how long ago this debt goes back but I thnk it is at least 4 years since I had any contact with Capital One.

 

Todays letter is a "Statutory Demand Processing Unit"

 

Please could anyone advise which steps I need to take in order to resolve this matter and have the debt removed.

 

I also have another case with Red regarding an O2 account I had, which I will start another thread in order to hopefully have some help with.

 

Direction and help would be most appreciated.

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Hi, 247orbital.

 

Do you know if you have any charges to re-claim from the Cap 1 card ?

I would send Cap 1 a SAR see if there are charges you can claim back, putting the account into Dispute.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Regards.

 

Scott.

 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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Hi,

 

"if the creditor has been in regular contact we feel it is fair to collect" (from guidelines of statue barred debt)

 

Regular contact means two way contact not them sending you the odd letter or you sending them one.

 

You only reset the clock on statute barred debts by acknowledging a debt. A S.A.R - (Subject Access Request) does not acknowledge a debt in any way. Acknowledgement is only by making part payment on the account or making an offer of payment towards the account.

 

 

Regards.

 

Scott.

 

 

 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Send Lowells/Red/Hamptons a CCA request. That way for a quid you will get a copy of your CCA agreement which may or may not be enforcable. They are also obliged as part of this request to send you an up to date statement of the account.

 

Do not sign the request and send a postal order rather than a cheque. This effectively puts the alleged debt in disput until Lowells come up with a properly executed CCA Agreement

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Hi,

 

Send letter N from this link...........

 

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

 

I'll see if I can get some guidance on the SAR request.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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...Do not sign the request and send a postal order rather than a cheque...
I agree, however U can't get to see whether your PO has been cashed or not...:(

Personally, I got someone NOT financially connected to me, to give me a cheque made out to the DCA.

 

That way I got to know whether the DCA had cashed 'MY' cheque (...proving receipt of MY £1 CCA 1974 Request...btw), yet denying the DCA a copy of MY signature, which some DCA's have been known to forge onto a Credit Agreement...:wink:

 

 

 

 

 

is this the request that has to be returned in 12 working days or the debt becomes unenforcable ?...
After 12 working days from the date of receipt the DCA would be in DEFAULT if a True Copy of the Original Agreement (...as per the CCA 1974) isn't forthcoming.

This legally allows ANY repayments of an 'alleged' Debt to be suspended.

 

One Calendar Month from this NEW date, if the DCA STILL hasn't supplied it, the 'alleged' Debt becomes UNENFORCEABLE + the DCA comits an Offence, which is liable to a Level 4 Fine.

 

 

 

 

 

...should I still send a S.A.R. to Capital One?

 

Personally I wouldnt waste £10 on the Leeds Losers or CAPONE. I would wait to see what the Leeds Losers come up with in regard to your CCA request
I agree with ODC.

For now, the main thing is to put the brakes on the DCA's ability to 'chase' for the 'alleged' Debt to be repaid.

 

 

I would go slightly further though + advise U to double check your Credit Report at the various Credit Reference Agencies.

This will help U see if the DCA has been regularly processing data connected to your 'alleged' Debt.

 

Here are links to them...

Experian

Equifax

Callcredit

 

A tip for U...

Experian is the major player here, it also currently offers a FREE TRIAL for a month.

There is nothing to stop U signing up, having a look/printing out your CR + then cancelling before the Trial Period ends, therefore it costing U nothing...:wink:

 

...:)

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One slight snag with contacting a CRA is as many members here have discovered is that it seems to open the floodgates to a whole range of new DCAs chasing debts which you know nothing about, It also seems to increase the junk mail you receive from companies offering loans and other credit.

 

The fact that the CRAs are having incestuous relationships with the DCAs may be an explanation.

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  • 2 years later...

Hi

The address I used (and got a reply from) was

Capital One Bank (Europe) Plc

PO Box 5283

Nottingham

NG2 3YG

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Rebels is better as it isn't a PO box

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 3 weeks later...

Just had some contact from Buchanan Clark & Wells on behalf of Lowells regarding an old Capitol One (alleged debt)

 

They have offered the best part of £1000 discount on the current balance. Most of which it seems are charges. I will SAR Capital One just to see what the exact balance was at the time of default.

 

This (alleged) debt is due to drop of my credit files around June time this year.

 

I'm sure this is SB as its so close to it dropping off my CF.

 

Please don't confuse this with my brothers post regarding Bryan Carter/Lowells.

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  • 1 month later...

Recently applied for a SAR from Capital One, sent the standard SAR letter, along with a copy of a recent bank statement and a copy of a driving license which has a signature. I also supplied security questions such as DOB, mother maiden name etc as the account is very old and no longer have the relevant account number.

 

Received a reply back today stating they had located my account but they cannot process my request as my letter was not signed. I'm under the impression that there is nothing under the act that requires me to sign the letter or anything that specify a signature is required in order to process a SAR.

 

Any help will be much appreciated.

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As I understand it, you do need to sign a SAR request, but it's not advisable to sign a CCA request as it can be lifted to forge a CCA. You can always put crosses through the signature so that it can't be lifted.

 

Why did you send a SAR request?

Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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PPI and charges. Account has been closed for some time and Lowells were chasing but its long past it SB date now. I provided a signature on the driving license I sent a copy of, its the old style not the new credit card type.

 

I'll send them a signature on a anti-tamper strip.

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Hi

 

If it's to reclaim charges, there isn't any risk in sending your signature, but I think that it does need to be on the request for a SAR.

 

I'm in the early stages of the process to reclaim charges from Cap 1 myself. I have read quite a lot about it on here and it would appear that they do cough up quite nicely, but normally only once court papers are issued.

Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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You don't need to sign a SAR.

 

You don't need to sign anything.

 

Putting crosses through your signature is pointless, I can remove them in minutes.

 

The ONLY reason why it is advisable NOT to sign letters, documents is because there is NO LEGAL requirement to do so, you can sign off by placing an X if you so wish.

 

If this account is already SB, then I strongly doubt, although I could be wrong, that they will entertain your request, besides, anything they do owe you will go back into their coffers against the SB debt you had.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I do have an ICO document that states quite clearly why signatures are not required, but every time I try and load it up it freezes.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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