Loan from Tesco Incasso Applying For Charging Order / CLAIM NOW RECEIVED

[Poppay2]

Any pointers anyone?

 

thanks

P>

[paulwlton]

Any pointers anyone?

 

thanks

P>

 

Why haven't they forwarded you account statements.?

[Poppay2]

Why haven't they forwarded you account statements.?

They did but they are the same ones they sent with the other documents and these statements start from the time Incasso contacted me last year. I have NO statements prior to 2007/2008.

I didnt post them up again as they are already in photobucket, perhaps I should have?

P.

[Poppay2]

Hi Everyone

Havent had a chance to post lately due to work commitments and personal stuff.

Cutting a long story short... there has been more toing and froing with incasso and courts, I havent had an opportunity to add the new info but will manage to do so in the near future.

 

At this moment in time, attempting to reach a settlement with them, still waiting to hear their reply to my offer.

 

Will update as soon as I hear.

 

All the Best

P.

[sweets-on-the-move]

YES INCASO ARE GREAT AT THIS THREATS NO HELP NO INSTALLMENTS .THE COURTS HAD PROBLEMS C A B FIND THEM UNHELPFULL AT ALL.U NEED TO GO TO C A B ASP TO SORT THIS OUT THEY KNOW THIS COMPANY WELL .PLEASE LET THEM HELP YOU BEST PEOPLE AND WILL GO TO COURT WITH YOU AS WELL.

[Poppay2]

hi Folks

 

Taken me a while to find the time to get back here, due to changes at work and a doubled work load, I no longer am able to access this site during the week.

 

Quick Update and dilemma time?

 

Have had Cobbetts taking me to court for the last few months, now at almost the final hour, they are striving to reach a settlement outside of court, so much so, that they have begun to ring and email me in order to make contact with me.

They want me to agree to pay the legal costs and say my offer is too low and now want I&E details.

I emailed to say that I had already sent these numerous times.

Havent heard anything back since that email.

But am very confused and at a loss where to go next.

 

They answered my offer letter with a revised offer from them, (basically reducing their offer by £600) After being advised to talk to them and apprise them of my situation I answered their email ( which was actually headed with the wrong name of the company the loan was taken out with) however, I digress.

I sated that I could not afford more than as stated in my original offer.

They replied stating that that their client said this is too low.

That they now want I&E details from me.

I was angry that now they want this stuff! So, I replied stating that their client had received the information on numerous occasions already.

So far, no reply.

 

Any ideas anyone?

 

Oh yes their second offer was to have been accepted or not by the 15 July and they were pulling out all the stops to reach me in the couple of days prior to the 15 July as if not finalised by that date a court extension would be necessary.

I had written to the court myself on the 13th July to request the extension and an email on the 15th also informed me that Cobbetts had requested the extension too.

I will upload the offer letters shortly.

They state that they will win the court case.

 

OK, so if they are so sure that they will win......

Why are they now so intent on trying to reach a settlement agreement? Or is this just ensuring that they are doing things by the book for a change?

 

Any help anyone has would be greatly appreciated.

[Poppay2]

Hi All

having posted a comment on http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/56333-big-claim-aginst-rbos-63.html#post2350576

 

Which is Sparkie's thread which makes fascinating and compelling reading for everyone, I have been given loads of encouragement and support, following failed settlement negotiations with cobbetts.

 

I will be posting the latest letter recieved up here tomorrow.

 

Its amazing how things can suddenly change.

 

Poppay

[patrickq1]

dont worry bout cuttin into someones thread i did nt realise you had a thread just go on sparkiesand pauls and post a link for more help...it is interesting someone says cab are well versed in inasco ? try cab as well as helping yourself on here cause if cab are versed in this company that will be a very big help good luck

patrickq1

[Poppay2]

HI

 

Have prepared 2nd request for documents letter, main body of it is as follows:

 

Dear Sir

 

RE: Claim number : XXXXXXXXXX

 

Thank you for your recent correspondence. I note, however, that documents pertaining to my Router Account have been omitted.

 

Please forward all records appertainig to my Router Account. In addition to the documents already supplied.

 

If the requested documents are not supplied a claim of deliberate concealment of documents under the New Fraud Act 2006 will be put forward in any Court Proceedings.

 

Yours faithfully

 

Any and all comments welcomed.

Poppay

[patrickq1]

try adding some of this into your letter

good luck

patrick

the statutory offence of conspiracy to defraud will remain as a back-up.just in case you wish to ignore this request which has now transferered from a request to a DEMAND ,please also bear in mind this your failure to deliver can carry a sentence of up to ten years imprisonment,and also the prospects of any persons ie directors of your company who are seeking to avoid disclosure of documents and information which may be crucial to a claim on the grounds that to do so might incriminate themselves.will no longer stand

[RHOOD]

Hi Poppay hope you are well if c0bblers /rbs are refusing to supply all the paperwork requested then they are breaking HUMAN RIGHTS ACT to a fair trial. I also am still waiting for documentation before 2007,like bank statements.

 

I will PM you in the morning with my defence but wished i had read your post and added some of yours.

 

You have support from yours friends on this forum, why not Buddy up with someone in your area as somebody else not connected with your case might find a few more mistakes.

 

Our default notice had the date xx/xx/05 not xx/xx/2005 = not a specific date, a small mistake, but does it make it unenforceable etc as you could argue that it could mean 2015 to recitfy the outstanding debt.

 

You are lucky in a way that you actually got paperwork, double and treble check it as there will be some mistakes some where, check balances and payments and dates.

 

Did i read that they got your name wrong and if they did on what document.

 

It is up to the Pursuer to ensure that the paperwork and information

is correct before taking legal action.

 

If you have been paying them, even token payments, why are they taking legal action ?

 

You have our support from Scotland. and have done well so far:D

 

Im off to fight LLoyds for brother in law getting a taste for this

[Poppay2]

hi

Soz, been so busy at work, just flaking out when I get home, then I discover I have other Financial shenanigans, with southern electric and now a firm that said one thing and has left me holding the financial baby! My fault for not getting things checked out legally, i'm a fool!

 

I did send the letter to Cobbts. Unfortunately, before I read Patrick1's further advice.

 

However, I have heard absolutely nothing to date, unless something turns up tomorrow morning in time to blight the bank hol.

 

So, I sent it a week ago Wednesday, so that is well over a week now.

 

wonder what is going on?

 

Poppay

[Poppay2]

Hi RHOOD

 

I think they are pursuing me as just one of many. I think it was a drive to up their assetts as their assetts turned out to be nothing but a house of cards!

[Poppay2]

HI

 

Finally received a reply on Friday last week.

 

Basically they are saying that they do not know what documents I am referring to.

 

Any suggestions?

 

Should I request them again re-iterating about the fraud act and the thing about going to prison etc etc

 

Poppay

[citizenB]

Might be worth havinga word with Sparkie and or Paul walton:)

 

Or, I wonder if it would be worth printing off the news reports in respect of Sparkie and Paul Waltons cases.. there have been quite a few .. you could send them with a covering letter.. saying.. these are the documents I am requesting !

[sweets-on-the-move]

a real shabby abusive outfit not even c a b get help from them go to cab they deal with this lot every day in courts

[Poppay2]

Hi CitizenB

Actually I think printing out some of Paul or Sparkie's reports might just be a good idea to send with the next letter.

 

Rather than trying to explain everything myself in a letter.

 

I will also add a bit more about the fraud act.

 

are any of those reports here on the site? Has Sparkie returned?

 

The last I saw on the thread about Router Accounts he had deleted all his posts.

 

Best wishes

Poppay

[Poppay2]

Hi Sweets

My experience with the cab where I live hasnt been great, they often know less than I do.

Otherwise, I would be down there like a shot... lol

regards

[Poppay2]

I sent another letter off to cobblers last week with print outs referring to Router Account.

They have written back stating that the account is one and the same and that there is no duplicate account.

and, as the stay is to reach a settlement unless they hear from me in 7 days (now 4days) they will go ahead with the court case and strike out my defence.

I'm not sure what to do now, have asked paul walton for advice but no reply yet.

anyone else?

P.

[paulwlton]

I sent another letter off to cobblers last week with print outs referring to Router Account.

They have written back stating that the account is one and the same and that there is no duplicate account.

and, as the stay is to reach a settlement unless they hear from me in 7 days (now 4days) they will go ahead with the court case and strike out my defence.

I'm not sure what to do now, have asked paul walton for advice but no reply yet.

anyone else?

P.

 

Could you just give a quick summary of your case.

 

Paul

[Poppay2]

Could you just give a quick summary of your case.

 

Paul

Hi Paul

Thanks for getting back apologies for delay in responding had to go away for couple of days due to family emergency.

 

Have tried to keep it as brief as possible.

Loan taken out in 1999 (June) for £6000 – Tesco finance.

Full payments made for several months until began to struggle after hefty bank charges wiped me out financially and went to Baines & Earnst

Baines & Earnst managed debt from Late 2000 to Nov 2002 when I was made redundant.

Have continued to make payments albeit £5 – 8 per month ever since then.

2008 – Incasso start court proceedings to apply for charging order

I find CAG site and excellent advice.

SAR’d them

Eventually received a CCA and several screen prints as documents they have for evidence.

CCA is cobbled together.

Cannot find original.

CCA is identical to another Cagger’s CCA even the signature boxes are slanted exactly the same.

PPI missold

Court Claim from Cobbetts is claiming £6000 no other info given just the amount

Have filed defence

After several months of toing and froing waiting for documents only docs received are the screen prints.

These screen prints do have mention of a Router or a Rtr Account number.

No documents show the original account number and the router account number together on the same document

Attempts being made to settle after having been advised that I could definitely win if I could afford a Barrister but that I would probably lose the case if I defended myself.

Cobbetts keep reiterating that I will definitely lose and they will have my defence struck out.

Their offer was I pay £4,000 plus all costs.

My offer was I pay £2,000 at £30 per month.

They refused my offer.

I fully expected a court date.

I got another letter asking me to complete a 7 page booklet and they would reconsider my offer. Once again court proceedings were delayed.

This was the last thing I expected.

I was suspicious of the huge form and the amount of information they wanted from me. I went back to the cag site and refreshed my memory on stuff and about the Router Accounts.

I was advised to write to Cobbetts and ask for the Router Docs which would be in a different typeface.

I wrote to them

They replied asking what documents was I referring to.

I replied with copies of the screen prints where the Router account number was or where the print out said ‘Router updated’ in the notes.

Their final letter states that there is no separate account and that the router is the same account and that it is just what it was called when it went to debt recovery.

They have given me 7 days to reply tomorrow is the last day.

They also state that they will get my defence struck out.

This is the link to the latest letter:

http://i481.photobucket.com/albums/rr175/Dataxxl/COBBETTSSEPT25EDITED.png

 

Poppay

[RHOOD]

Hi Poppay,

 

Isnt it up to the Judge to decide if your defence gets struck out.

 

cant you get LEGAL AID HELP ?

[Poppay2]

Hi RHOOD

I suspect they are using bully boy tactics and trying to frighten me.

I dont know why, but something is not right about how they keep re-iterating how I have no defence and they will definitely win and they will have my defence struck out.

 

Take the settlement thing, they initially refused my offer, then when I didnt up my offer and I assumed a court date would be set, they said they would reconsider my offer if I filled out one of their 'big brother' forms (basically telling them every small detail of my financial life).

 

This also set off alarm bells.

 

I'm no expert in all of this although learning new things everyday, but something somewhere is not as they are trying to make me believe it is ... if you see what I mean?

 

My health is better at present following a course of herbal cleansing, and bit more alert, trying to not drop the ball again.

 

Of course I could end up worse off! will have to take that chance.

 

I doubt that I am eligible for legal aid.

I work full time, but I have so many debts that my salary is swallowed up by them each month.

 

but thats the way it is for many people as long as I have my health I really cant complain too much.

 

I do have a sleep disorder which sometimes gets out of control, that's why I have lapses of activity on the site, but the new herbs seem to have really helped this time.

 

Fingers crossed.

 

best wishes

P

[Poppay2]

Havent heard anything from Cobbetts yet.

 

Neither have I sent them the Income & Expenditure 7 page form they wanted me to complete and send with my offer.

 

Will just have to wait and see.

 

P

[Poppay2]

Well,