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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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Help Please re: CCA decision


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We are fine thank you babybear :)

 

thank you for replying, will do!

 

Thank you citizenB :)

 

No postmark on 1st Crud's envelope unfortunately!

 

I must admit I haven't even started the complaint yet to the OFT etc.

 

I will, I will honestly!!!!:p

 

Thank you so much for the wording, that should do nicely :)

 

TBH, this latest letter and your post has given me the kick up the backside that I needed!!!

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Thanks BB, I think I have cobbled it together from other letters so the credit isnt all mine. :D

 

Mrs Z, take a look at this thread before making your complaint to the FOS or TS. It is primarily geared towards the FOS, but with a bit of tweaking you could use quite a bit of it for a complaint to TS. RMW, has shared her experiences and it is well put together and very easy to follow. As BB has advised, duplicate the complaint to both your own and the TS in the area of 1st Credit/Citi FInancial :D A pincer movement :p

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Good morning all, Mrs Z here :)

 

I am today typing up said letters for 1st cretins, Citi, complaint to Trading Standards (ours and theirs) and the Office of Fair Trading.

 

I have just re-read the letter sent to Citi on Monday, in that letter I stipulated that Mr Z requests a copy of their complaints procedure as he intends to take it further.

 

What I am asking is, should we wait until Citi responds with their complaints procedure prior to contacting TS etc? Or should I save that for if it has to go to the FOS, I do believe that the FOS will only deal if one has had a final response from the Creditor. Mind you, the Notice of Assignment allegedly from Citi ;) could be deemed as their "last Response" couldn't it?

 

I am sorry if this sounds confusing - I've bl**dy well confused myself :D

 

Any opinions on this gratefully received - if you can work out what the hell I've been waffling about!!!

 

I have to get this sorted today, my master has spoken (he likes to think he has anyway:p)

 

Thank you, Mrs Z :)

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This is true, well spotted Mrs Z. FOS do prefer you to have a final response letter before they will investigate. However, at the same time one could assume that the NOA could be construed as such. What time did you give Citi to respond with their complaints procedure ?. Wait that amount of time before making a complaint to the FOS, but shove one in to TS straight away.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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To be honest, I wouldn't wait until you've had a final response from Citi to go to FOS, just tick yes you have had it on the form because it's taking FOS so long to deal with complaints (over 6 months) that by the time they get to you, you will have had your final response months before.

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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knoxvillain' response makes much more sense. :D

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Thanks for your quick response citizenB :)

 

See, I told you that my brain is like mush didn't I? :p

 

How stupid am I?? (don't answer that!!) I failed to give them a time span for Citi to respond!!!!

 

Thanks knoxvillian :) I see your point, but I would prefer to wait until Citi tell Mr Z they will not correspond anymore (much like with the Amex fiasco) so I am able to include a copy of their "final response" to the FOS.

 

 

 

 

Ok, think my foggy brain can just about take in that I should get the complaint done to TS and the OFT anyway.

 

I will be the one to have to deal with the FOS and the like as Mr Z is working, that scares me :eek:

 

Although Mr Z is up to speed on developments, as it's me that's actually dealing with the correspondance, it makes much more sense to speak to me. If they rang one day and Mr Z answered, TBH, he wouldn't have a clue, (he has an awful memory :D) therefore he has given his permission for them to liase with me further should they need to.

 

Thank you, Mrs Z :)

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Mrs Z, on the forms you send in to FOS (when you get to that stage) it has a section asking if someone else is acting on your behalf you just put your details in. Mr Z will of course have to sign the original complaint form after that all correspondence will actually be sent in your name with the reference "Regarding Mr Z's account".

 

To Trading standards, just include a short note which Mr Z will again, saying that you are his representative in this matter. :)

 

BTW, 10-14 days is sufficient time for a company to reply with their complaints procedure. That is from the date on your letter.. not from when they receive it.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Just send your final response to FOS once you get it, you can add to your complaint after you've submitted it, I personally have been bombarding them with letters for months adding stuff to my complaint as I've learned new angles of attack. Up to you though.

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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Thanks citizenB :)

 

The complaint that is already with the FOS (Amex) has been signed by Mr Z and I am the named contact on his behalf. Sorry, should have made myself clearer, any future official bodies will be told that I will be the contact on Mr Z's behalf - like I said, Mr Z has an awful memory!!

 

Thanks again :)

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Ummm, I cant remember Mrs Z. I think I usually put my initials in the rep:) that isnt to say that I didnt:confused:

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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  • 3 weeks later...

Hi all, Mrs Z here, it seems the DCA's are working overtime of late!!

 

This post is regarding Amex (this complaint was sent towards the end of July to the FOS and is awaiting an adjudicator).

 

This morning a letter has arrived from Moorcroft Debt Recovery Limited - Pre-Court Division concerning Mr Z's Amex account.

 

http://i305.photobucket.com/albums/nn216/Misterzeus/Moorcroft1done.jpg

 

Any advice on how to respond please?

 

Thanks, Mrs Z :)

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Hiya Mrs Z,

 

I was going to advise the same as BB.. however, you can probably see them off with something along the lines of the following.

 

WARNING:

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

Your letter dated XX XXXX 2008 regarding the above account, was received today, giving me a response date of XX XXXX 2008. I would advise you that this matter is already subject to a formal complaint to the Financial Ombudsman under reference number XXXXXX. Perhaps you werent advised of this by your client.

 

However, as you have indicated that legal action is to be taken if I dont respond by the 4th October I would advise the following.

Given that this matter is now subject to a potential legal proceeding, you are obliged to provide, under the Civil Procedures Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.

 

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules, I request that you supply copies of the following documents:

 

1] A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

 

2] All records you/ Halifax hold on me relevant to this case, including but not limited to:

A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

 

Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.

 

Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account.

 

True copies of any notice of assignment and/or default notice or enforcement notice that you/ Halifax sent to me, with a copy of any proof of postage that you hold.

 

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

 

A list of third party agencies to whom you/ Halifax have disclosed my personal data and a summary of the nature of the information you/they have disclosed.

 

Copies of statements for the entire duration of the credit agreement.

 

This information is required within fourteen days from the date of this letter. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

 

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:

demand any payment on the account, nor am I obliged to offer any payment to you.

add any further interest or charges to the account.

pass/sell the account or outstanding balance to any third party.

register any information in respect of the account with any of the credit reference agencies.

issue a default notice related to the account.

Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit.

 

I look forward to hearing from you in due course.

 

 

 

Yours faithfully,

 

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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