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    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
    • It’s all with current lenders and no missed payment to date. so with any reduced payment to them it’s likely to be going to debt collectors at some stage. we jointly own a property together me and my partner 
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Cabot Financial - Credit Report Entry.


andi2003
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  • 1 month later...

Today its offically a year since I asked for a copy of my CCA.

As previous posts of mine state they have now admitted that they are not going to chase the debt because of this,The SAR which they sent does not include a CCA or an agreement to process my data, but they still process my data and state that they have a right to because of a history of payments acknowledging the debt (to them token payments).

Can someone please give me advise as to what to do next, ie direct me in the line of what claim to make, what I can / cant claim, also other posts mention about writing to the CRA's about manual entries, how does that effect obtaining credit?

All info is much appreciated.

Thanks

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Just a thought Andi, but could you not in the first instance send Cabot a letter (recorded of course) and cc the CRA's that you do not acknowledge the debt and that by way of backing up this ackowledgement you haven't made any payments to them since 12+ months ago....also enclose copies of where they'd sent you notification that they don't have anything either re paperwork and add a further explantory note to the CRA re the removal of whatever it is you're wanting gone?

I reside in Dawlish Warren but am not a rabbit.

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Proof of payment doesn't prove a debt - you didn't know at the time there was no lawful agreement for this alleged debt, you now know you shouldn't have been paying it and that is why it is in dispute. Proof of transactions ie statements showing you spending the money, is what a court looks for as supplementary proof that you incurred the debt.

 

CRAs will not do anything unless a bank/DCA tells them to do so - that is the agreement they have, even if you push all the evidence under the sun up their noses that proves otherwise. Cabot clearly won't move on this, so you have two options open to you. The first is to complain to the ICO giving them all the evidence you have proving the default entries are both unlawful and inaccurate. You will see on the ICO's Technical Guidance on filing default entries what their criteria are. The fact there is not a scrap of paper proving this alleged debt even exists is a good start. They will investigate it but they are slow in getting started. The second option is to take Cabot to court and ask for a court order to have the default removed.

 

I am currently going through the ICO against 2 banks (3 accounts) for removal of defaults. If that doesn't work, I am going to court and I have spent myriads of hours drawing up the cases.

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I read your post above Pinky (post 22) very interesting and I sincerely wish you luck, I'm a little behind you with some of mine but just reading your post makes me realise that none of us are alone, we all seem to be on the same path albeit at varying distance up the way....

 

But it's good to see yours in writing, very insightful, have a slap to the back (aka a reputation thingy)

I reside in Dawlish Warren but am not a rabbit.

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Well at least I would if I could, it says I gots to pass some around before I can give you some more, ....how rude! (I gave you one.....as in a reputation that is...last week, must of been the last person I gave it to.

Do you itch? :D

I reside in Dawlish Warren but am not a rabbit.

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  • 3 weeks later...

Ive had a reponse from the Information Commissioners Office, they have said that they would not consider any action as the matter is over 12mths old!! Despite the fact that I already brought it to there attention in May and they gave me a refrence number for the complaint.

Looks like a dead end there. What do I need to do now, should I write back to the ICO? Its over a year now and im getting quite p***ed off with the fact I cant even open a bank account cos of this entry.

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I see no alternative but to go to court and ask for an order against Cabot to remove the default on the grounds you never at any time gave them permission to pass your personal data to credit reference agencies - and ask for general damages for loss in that it has prevented you from opening a bank account and damaged your reputation (about £1500 - Kpoharor V Woolich 2006). That's as far as I go I'm afraid because I know nothing of the English legal system (Scots Law which I come under is different). If you go over to the legal forum they will tell you what forms to get and how to fill them out.

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  • 1 month later...

Little are you saying that im screwed and dont have a chance of getting anything sorted on this?

 

Can some one direct me to the relevant link regarding the legal forum, as Im at work and have very limited internet access allowance.

 

Sorry for length absence - in and out of hospital.

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