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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check and if I still am,  I am going to discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
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    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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Help please-newbie-CABOT charging order


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As mandyjane has suggested, you can use the SAR letter from the site -

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

but I would amend the heading to read -

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: XXXXXXXXXXXXXXX

 

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the above account number.

 

as this would then clearly define your request.

 

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I think i might have made a mistake!!

I sent the CCA request for credit cards like this:

I changed both s77 to s78 highlighted in red

 

Should have only changed the first s77 highlighted in red to s78 for credit cards and left s77(6)

 

Shall i resend the CCA Requests.

 

Can someone confirm if i've sent the CCA request correctly or incorrect?

Do you advise me to resend out CCA request again correctly.

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 1234567890

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

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Hi Sunny, got your PM.

 

I think i might have made a mistake!!

I sent the CCA request for credit cards like this:

I changed both s77 to s78 highlighted in red

 

Thats correct, s77 is for loans and HP agreements, s78 is for credit cards

 

Should have only changed the first s77 highlighted in red to s78 for credit cards and left s77(6)

 

Nope, s78(6) applies to credit cards and there is NO s77(6), its s77(4) for default of supplying CCA to a loan/hp agreement.

 

Shall i resend the CCA Requests.

 

Nope :-D

 

S.

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T_Shadow, Thanks again.

 

Don't you thinnk the template on the site should be corrected.

I also checked the consumer act and noticed there was no s77(6)

 

Loans s77 and s77(4)

Credit Cards s78 and s78(6)

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T_Shadow, Thanks again.

 

Don't you thinnk the template on the site should be corrected.

I also checked the consumer act and noticed there was no s77(6)

 

Loans s77 and s77(4)

Credit Cards s78 and s78(6)

 

Must admit I use my own letters for s78 requests so havent checked the online templates.. thought they had been changed recently.:eek::eek:

 

S.

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If people are sending s77 and s77(6) for loans that would be incorrect as there is NO s77(6) in the consumer act.

 

Could the DCA use this error in delaying the CCA request for loan agreements or not send them out at all.

 

I sent 1 CCA request for a loan agreement, I'm going to resend the CCA request using s77 and s77(4) in my letter as the first CCA request s77 and s77(6) would be incorrect.

 

What do you recommend T_shadow.

 

Can you show me a version of your CCA Request.:p

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If people are sending s77 and s77(6) for loans that would be incorrect as there is NO s77(6) in the consumer act.

 

Could the DCA use this error in delaying the CCA request for loan agreements or not send them out at all.

 

I sent 1 CCA request for a loan agreement, I'm going to resend the CCA request using s77 and s77(4) in my letter as the first CCA request s77 and s77(6) would be incorrect.

 

What do you recommend T_shadow.

 

Can you show me a version of your CCA Request.:p

 

Thats not strictly true, I looked at the CCA2006 and s77(6) was added in that so the templates arent incorrect after all, we should never doubt the site team :-D :-D

 

I'll post up my CCA request later but its similar to all the others.

 

S.

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  • 1 month later...

Need advice on charging order only.

Morgan Solicitors have obtained a charging order on my home 13 Aug 09 on behalf of Cabot Financial previously owned by Egg.

I have NOT sent out any CCA, CPR or SAR request.

Will sending out CCA, CPR or SAR request delay Morgan trying to get a sale of order?

Would it be advisable to send CCA or CPR to Morgan?

I used a local solicitor who wasted time sending useless letter to Morgan and was no help by which time Morgan obtained the charging order.

Can I get the original CCJ set aside and cancel the charging order?

I require urgent help from CAG.

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Egg unsecured loan, cabot now owns.

 

It was advice from the Solicitor there was nothing that we could do for the charging order and did not attend court.

 

He advised that we should get the original CCJ set aside, he made attempt to get the SD & Original agreements from morgan solicitors but did not happen in time.

Edited by Sunny Bham
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