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DCAs made me ill


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Ok what I would do is get a copy of the judgment and use his statement of account as proof of what you have paid. When ever I made payment to him I sent it with this statement “Please find enclosed my monthly court order payment of £**** towards judgment ********** at no time do admit to any other or other part of an alleged debt to your company”. I also included this

Judgment Paid Balance

£**** £**** £****

And finally “I require a monthly statement of account by return”

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  • 1 month later...
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The thing with a notice of assignment is that if they don't serve it correctly...i.e special delivery correct dates etc and you deny receiving it...if it comes to court they have to prove ownership of the debt etc....just a thought if they ever tried that route....the more ammo you have the better.

 

My guess is that Cabot will struggle to find the agreement due to the age of it. If they own the debt 'absolute' then they shouldn't have to send away for it! It is probably not enforceable so they will stall for time, and apparently they are not obliged to send you a copy of the agreement but they DO have to produce it at court.....so hang on in there and turn the tables on them....MAKE THEM SWEAT FOR A CHANGE!!

 

Spam:p

 

 

Dear Spamalot,

 

I know its been a while but since my last email but this is how long it has taken. Cabot have sent to me it looks like every single statement on the account I was sent by Morgan Stan Bank and it looks like the agreement an agreement that I signed. They say that they have fulfilled there part of the Credit Act now they want payment in full or payment plan. Now what do I look for to see if its enforceable by a judge.

 

Out of all the other DCA this is the only one who has manage to do this others have sent just bits of paper with out TC and another one sent a copy of just a general TC belonging to a company no signitures no nothing. I have wrote back to this companies several times stating law and the sections of law they they have not fufilled there part of CCA. They say they have and that the account is not now in default and demanding payment.

 

Just keep sending the same letter over and over again and they just keep sending letter asking for payment.

 

Do I ignore this until they take it to court and present my CCA route and that they have not fuilfilled there duty of care by sending a True Copy plus TC or responded?????

 

I have gone down the CCA route as advised come out the otherside and now in unknow waters at how to procceed next. Advise please.

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Hi,

 

Are you in a Position to upload a copy of the agreement they have sent so that it can be checked whether it is enforceable or not.

 

If you can, remember to remove all personal details.

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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Hi,

 

Are you in a Position to upload a copy of the agreement they have sent so that it can be checked whether it is enforceable or not.

 

If you can, remember to remove all personal details.

 

Spam.:)

 

I have a digital camra and can take a picture but my scanner broke months ago and not be able to replace it yet. I beleive the thumb nail available is not good enough to see. Could you sugget an alturnative method.:???:

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It doesnt matter what any DCA provides you with.

With respect - i really do get a bit irritated on this site by everyone advising everyone else to obtain CCA's etc....

Yes it is important & serves its purpose..im not denying that, but it does not alter the simple underlying fact that they are legally not entitled to a penny off you.

Only the county court is & unless they ever go there & at cost to them, then they can provide you with a copy of War & Peace for all it matters.

Simply report Cabot to the OFT & tell them to either go to the court or bog off effectivley :mad:

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This is a copy of my MSDW agreement,

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195140-spamalot-barclaycard-msdw-goldfish-2.html#post2223255

 

Is it similar to this? Unfortunately mine seems to be a microfiche copy and difficult to read.

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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It doesnt matter what any DCA provides you with.

With respect - i really do get a bit irritated on this site by everyone advising everyone else to obtain CCA's etc....

Yes it is important & serves its purpose..im not denying that, but it does not alter the simple underlying fact that they are legally not entitled to a penny off you.

Only the county court is & unless they ever go there & at cost to them, then they can provide you with a copy of War & Peace for all it matters.

Simply report Cabot to the OFT & tell them to either go to the court or bog off effectivley :mad:

 

Hi Mr Ton,

 

You have just made me laught for the first time today so it just a case of see you in front of a judge but and keep filling the letter in the bin or keep them.?????

 

By the way I reported all the DCA to OFT and some to SRA and other but nothing has come of it.

 

What you might find interesting after quoting all the laws, sections and subsetions of the CCA the staff at some of the DCA wrote that this dose not apply to them. After a letter like that what are you surposed to do it just beyoned believe. I did write back disclosing my full titles infront and and after my name had no effect whatsoever. That was a good giggle spent years learning and training and working just to be told that its usless to poeple at DCA's

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This is a copy of my MSDW agreement,

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195140-spamalot-barclaycard-msdw-goldfish-2.html#post2223255

 

Is it similar to this? Unfortunately mine seems to be a microfiche copy and difficult to read.

 

I have had a look and No its not its very hard to see like yours its microfiche it does concise of two pages one containing 10 sections like empolyment details, bank details, address details, a password then my signiture. The other asking if uk citizen etc but it is only on the second paper that the name of the company the name appears it is not an individivual application. just look box standander. The first paper does not have the company name on only my signiture. to be honest if I did not now which company I was dealing with would not know which company I had applied to.

 

That the best I can say

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Hi Mr Ton,

 

You have just made me laught for the first time today so it just a case of see you in front of a judge but and keep filling the letter in the bin or keep them.?????

By the way I reported all the DCA to OFT and some to SRA and other but nothing has come of it.

What you might find interesting after quoting all the laws, sections and subsetions of the CCA the staff at some of the DCA wrote that this dose not apply to them. After a letter like that what are you surposed to do it just beyoned believe. I did write back disclosing my full titles infront and and after my name had no effect whatsoever. That was a good giggle spent years learning and training and working just to be told that its usless to poeple at DCA's

 

The DCA's will say anything in order for you to just pay up there & then.

If that means lying,cheating,saying laws dont apply to them etc...then so be it.

They are a looney world unto themselves.

The OFT is a case of hit & miss really....you may get lucky with them & other times you may not.

They are too bogged down in complaints and their own incompetence sadly.

As for the letters..its up to you what you do with them, ive never kept any of mine - i just chew over the contents for a while & then rip it up, to be forgotten till the next 1 arrives :rolleyes:

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  • 4 months later...

Dear Spamalot,

 

Could you please give me some advise again throught all my problems had be solved. Sent them a letter asking for a true copy on that is signed by myself under the CCA 78. I really wanted to know what card this is for because I have a CCJ from Barclay Card and the card they say they have is a Barcaly Card. Just really confused. What it is 1st Credit have now send me a letter which contains a copy of there Terms and Conditions there are no signture no dates as when it applies to and its really not legible either. The only writing that is ligeble is the T&C words and Cancellation form.

 

In there letter they state this:

 

Since the terms of the agreement were varied it is necessary to send the most recent version of the credit agremment as amended. This version will contain the terms of the most regulated agreement for the purpose of Section 78 and the Regulations because the Regulation require that the up-to-day terms are provided (Regualtion 7)

 

I enclosed the most recent version of the credit agreement that is applicalbe to this account as amended.

 

Section 78 of the CCA 1974 and the Regulations provide that the documents provided under Section 78 do not have to contact any signatures or signature blocks.

 

One thing I know is that I was never told that it was VARIED and the agreement that they have now would not apply to the agreement that I was surposed to have signed.

 

I just want to see the document I signed but they have never given me anything.

 

So I just ignore the letter because want panyment to commence in 14 days or the full amount.

 

Any suggestion as to how to go about answering this letter?

 

Lss017

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Send them back this answee...

 

"I need the terms and conditions that were in force at the time of the last transaction on the account, not the current terms and conditions as surely the account would have been in a default situation and no current terms and conditions will cover this...."

 

Get them with their own terms and conditions......

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  • 6 months later...
Dear Rev.ian,

 

It was begaining to struggle a little for help with this issue. Now I know I have to send a letter and what to request. I will be doing that as you are reading.

 

Lss017

 

Hi Rev.ian,

 

I know its been a while since you replied to my request about Carter. I sent the letter off and one came back detailing all that I have paid. I now need some advise on the same matter but this time from Capital One who sold the date to Carter a few years ago and who obtain a CCJ for the debt to Captial One but paiable to them.

 

 

Yesterday, I received a letter from Capital One stating that they have now taken control of the debt and that all other payments should be paid to them. They want full payment like now. They have asked for £508 when the CCJ which is still inforce for about £244 poundsish and I only need to pay £1 a month.

 

Since they sold the debt to Carter who obtain the CCJ for the debt that I ran up with Capital One surley do not have the rigth to tell me that they now have taken over the debt again and demand payment. They discharged they whole right when they sold the debt to Carter and I have not receive any demand from them.

 

What is going through my mind is that Capital One are trying to make me pay double are ignoring the CCJ and that they are trying to cash in on the 6 year rule of limitations.

 

Should I ignor the letter and wait and see what happens and if I receive a nice letter of them again demaneding. Kindly remined them of there actions and the CCJ and that they have no right whatsoever, Or this one I like is wait till they send out a court papers then write the CCJ number on the papers and explain that they new this and are just trying to make me libel for money not owing to them because of the CCJ they have already and are trying to use the court system as a tool to may a false claim.

 

I would like to know what is the best method

 

Lss017

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Ok others will be able to help more, however as far as I know Carter got the CCJ for £244 on this account, so they are stuck with that.

Quote contrary to section 35 of the County Courts Act, 1984

35. – Division of causes of action

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

In other words it would be unlawful for anyone to go back to court with the same account

Edited by rev.ian
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