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    • i dont think you need to supply a 2nd defence, thats not usual so lets see these notes and the sheriffs orders please about exactly what you have to do.   the only thing above in your list which has any worth in moving forward with is 1 b+c the rest forget. we've already concluded that ex didn't settle the OD so forget that and anything to with HBOS , not relevant.   you either exploit the mistakes in intrum's claim, its an OD there is no agreement under the CCA, there is no DN issued as its not covered by section 87 of the CCA.   go read how your original defence should have looked post 26 here Cabot/Nolans Simple Procedure - old HBOS OD debt - Page 2 - Scotland Financial Legal Issues - Consumer Action Group   particularly from The claimant is also put to strict proof to:-   carefully noting what the claimant should be producing, which should they fail to provide should render any success in the claim fatal         
    • Absolutely. They must take responsibility for the return. It's nothing to do with you. You don't want to send something off – and then find that it's not delivered an then you have another argument on your hands because it would probably be down to you. You must wait until they respond and either they make a reasonable arrangement for the return – which doesn't cost you anything – or they tell you to keep it – or something. The important thing is that they become responsible for the return and if you end up sending it yourself, you are simply following their instructions. In terms of the credit card, well done – that you didn't pay by bank transfer, for instance. Get hold of the credit card company and begin the process of a section 75 claim. If they ask you if you have return the item yet, tell them that you have made strenuous attempts to reach the retailer and they are not responding and that you have a paper trail to show the messages you have sent which to date have not received any reply. I suggest that you read our customer services guide before you start doing anything on the telephone. You've been here since 2016 so you do that already don't you?
    • Have received a letter from the tribunal service advising that my defence has been submitted to the claimant and more info will be provided if they wish to pursue. 
    • Hello DX   I am back seeking your help  . . kindly.   After the last CMD on 17 February we were given 21 days to submit the following:   1.    written note of my niece’s defence to specify:              a.    When and by whom the settlement amount mentioned in the initial defence was paid.               b.    Explaining the specific issue of the default Notice, if you remember they said in their case that it was issued.               c.    Specify the amount and dates of the bank’s charges that are in dispute.   2.    Should we need to call witnesses, I presume for ex-partner or HBOS, we can do that on Form 10A   3.    We can seek order from the court to HBOS to submit documents, Form F10B.   I need to submit a new defence without emphasising the role of ex-partners for two reasons. One, he might not paid the settlement. Two, he is the forces and it is unlikely we can locate where he is even to get a witness statement from him.   I would appreciate your thoughts to see how best to present the new defence.   I have few days yet as I need to submit before the end of the 21 days (I worked out to be 10 March).   I could upload the pdf file of the notes of the last CMD, sensitive information Redacted, for your to have a glance at it.   Thank you
    • Holders of Wyelands' 35 and 95-day notice accounts will be paid until the end of the notice period and savers who held fixed-rate accounts will be paid up to the end of their term. View the full article
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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Cabot - Summons / Form 04 citation - old welcome finance debt - SB'd?


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Its good to see ya jumping in and helping :D .

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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  • 8 months later...

I want to dispute my account with this company.i have done the cca and sar.

 

I received all sorts of documents back from them relating to previuos accounts and nothing relating to my active account.

 

Eventually after a number of requests they have sent me an alleged copy of my agreement.

 

It is computer generated with no signatures either mine or company representative.

 

It looks like a textbook sample.

 

i dont have access to a scanner but will try to upload it later.

 

Will this be enforceable and what should I do next?

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When did you do the CCA request? How long did they take to comply with your request?

 

Post it up soonest and some one will be along to check it out!!! Although I am beginning to wonder if they are all still alive or have been gagged maybe?

 

Although the copy they have sent you is not signed if it is a `True Copy ` of the agreement you would have signed then it may well be compliant with your CCA request. A `True Copy` being one that has all the prescribed terms within it. That is what needs to be checked first of all.

 

Cheers Mark

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They may have issued with a constructed copy which covers them under the CCA request - but without the original signed copy they can not enforce it without a court order.

 

Hi Mark - i think this thread is going quite as welcome are no longer loaning money - so no new victims - and the old ones are slowly having their issues dealt with - or giving up.

 

Welcome seem to be trying to clear their decks of a lot of their potential PPI problems - with their "Project Team"

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They may have issued with a constructed copy which covers them under the CCA request - but without the original signed copy they can not enforce it without a court order.

Seems that is exactly what you have got. A re - constructed agreement, is apparently enough to satisfy a CCA 1974 request. It can be `Made Up` from information available to them as to what an agreement would have been at the time of being taken out. As long as it has the prescribed terms IE: The amount borrowed, the amount to be paid and the APR etc. and a place for the signatures, it dosen`t need an actual signature because it is only for information purposes. Dad is right it appears that the `Original Executed (signed)` agreement would still have to be brought to court before any order could be made. If that is so it beggars belief as to why they don`t just send a photocopy of the `Original Executed` agreement in the first place. If they have it.

 

Hi Mark - i think this thread is going quite as welcome are no longer loaning money - so no new victims - and the old ones are slowly having their issues dealt with - or giving up.

Hi Dad, I would have thought there would still be more than a few `Newbies` needing help, when they discover how they have been *hit upon. It does seem that when people are sorted they don`t bother any more. I must admit I lost interest for a while. False alarm when I changed my thread to `WON`. I was spending too much time here on CAG. lol It seems I missed quite a lot going on with CAG as well, while I was away. Would be interesting to know what went on with Lowell`s? ETC.

 

Welcome seem to be trying to clear their decks of a lot of their potential PPI problems - with their "Project Team"

I`ve been reading some of the recent threads and noticed this `Project` thing. Then there are the ones of us who`s cases have been handed over to Solicitors and DCA`s, while the complaints are still being investigated by FOS. All very interesting, if a little peculiar LOL.

 

Cheers Mark

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  • 7 months later...

Not that i'm aware of.

 

IQOR Limited 1613010

 

Trading Name(s) (Current):

 

IQOR

Iqor Ltd

Legal & Trade Financial Services

 

 

Experto Credite Limited 6022748

 

Trading Name(s) (Current):

 

Credit Management Consultants (CMC)

Experto

Express Delivery Services

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  • 3 weeks later...

This DCA ha stoday offered me the oppotunity to pay my alleged debt of £33k to Welcome at £10 per month.

I have not communicated with EC at all and have only had about 3 letters from them .

 

Is this normal practice??

Any thoughts please ?

 

 

This DCA has offered me a payment proposal of £10 pcm on an alleged debt of £33k with Welcome.

 

 

I haven't replied to any of their letters. There have only been about 3.

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Regret not enough information to make any suggestions.Got to say £10 per month for £33000 seems very unlikely going forward.

 

Is this a Loan with Welcome?When did you last pay and how much?Any PPI or charges involved?Need this sought of information to offer help.

 

regards FS

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As usual with welcome its a long story.

 

secured loan which I started to question terms and conditions of in November 2009. (last made a payment then).

 

Correspondence with Welcome and delayed responses to CCa and especially SAR.

 

I claimed successfully PPi from previous loans.

 

I had letters from their Project Team offering me a further refund

to which I replied that they should consider accepting this a partial settlement on my outstanding debt. NO reply

 

I have had very little hassle from either Welcome or their DCA's till very recently.

Then I have had about 5-6 calls with messages to call back,

one letter advising further action was being considered and then this morning the offer of £10 pcm to reduce the debt.

Should I bite their hand off or completely ignore?

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At some stage Welcome or Experto will start to get difficult so their offer of £10 pcm on the surface is very attractive,however there is a motive behind this.Acknowledge the debt and start payments the clock starts ticking from that date.My feeling is they just want you to acknowledge the debt and start payments

 

Last payment 2009 so SB a long way of

 

At present they are only threatening further action.

 

As long as you are not trying to duck out of the debt then I would go for their payment offer.They will probably accept £10 pcm for 6 months then rack up their demands

 

At the end of day you only need pay what you can honestly afford

 

Regards FS

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  • 3 years later...

Old Welcome secured loan which has not been bothering me now for around 5 years when I made a payment.

 

This does not appear on my credit files, nor is there a charge on my property( I've checked with Land Registry)

 

I had the very occasional letter from Empinghams but with no real feeling!!

 

Its now been sold to Cabot, with Marlin collecting.

 

How should I proceed

 

Anyone??

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either ignore unless a claim arrives

 

or CCA them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 7 months later...

I have a letter from Shoosmiths threatening legal action for an old Welcome Secured loan bought over by Cabot.

 

History:

 

 

- I stopped paying Welcome in December 2009 with very little harassment since.

 

 

The debt was bought by Cabot ?last year and there has been a few threats since.

 

This does not appear on any CRB's nor on the Land Registry as a 2nd charge.

 

I live in Scotland and am aware that if this was unsecured it would SB (I think?)

 

I would appreciate any advice on how to proceed

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sounds like its statute barred to me - yes

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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three threads merged for history

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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