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    • ouch you really have been flying kites here and letting the claimant control things. it is worrying that the sheriff has tried several times to nail you about this (factious) payment,  but its also lucky and interesting to see he has not shut the door on your new issues . typically the situation you see yourself in, is one that we put the claimant in by our std defence (that you are reading now)    i think a bit of crawling is now in order( for want of another word) and it needs to be made 1000% clear to the sheriff ( even if by a little white lie) that it transpires there most probably never was any settlement made to HBOS by the ex   some vague explanation that he has confirmed he never did, and bring in the fact that he is a currently deployed by the UK military forces abroad we believe and communication has been to put it politely very difficult due to the nature of his deployment..it might also now be time to mention the mental issue ( with proof) , your daughter suffers from and how these obviously contributed to the situation and p'haps of being thus exploited by the EX whom if one were to be honest m'lud, is a bit of what someone would describe 'as a rouge'.   then your defence focus needs to switch to  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   particularly a.b.c. explaining in concise but brief detail why each if not produced , is fatal to any enforcement of an OD debt claim   have you yet included  The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   in anything to the court to date.        
    • Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.   *  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.
    • In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed.  Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC.    All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.   I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.   What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?   Court Order.pdf
    • Car value apparently £2200. ( post #3 )   Car hire possibly £3000.   Wonder why the third party Insurers Admiral are refusing liability to pay !   Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.   Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.   Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.    
    • Hi again, just a quick update.   The collection has been arranged for tomorrow, 6th March, the refund will apparently be processed after collection is done and should be completed within 5 working days.   Will let you know when it's completed...    
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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.
       
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      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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walker love serving a small claims form 1a no doubt

 

bet cabot and nolans are involved somewhere too

 

how are you gauging the SB?

if you took credit out in England and moved north later

6yrs applies sadly

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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So it'd some kind of paperwork to do with welcome sb'd account. "Motion to oppose"

 

I thought I already had said I was defending

and entered my defence but hey ho,

 

what's another piece of paper

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in other words they are disputing your SB defence.

 

pers I would not have used the word secured or told them as such

if they [the pursuers] don't write as such about a debt on the citation

 

I would not have told them .

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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The would not send out a motion to oppose just to dispute a sb? or any defense that i have ever seen

 

what does the motion actually state?

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Ida, it doesn't say anything other than form G7 Motion to Oppose in the case of Cabot v Me and I should return form G9( noice of opposition to motion)

The Form of Motion states that I have failed to lodge written defences timeously. But I have!!!

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no harm in ringing the court and asking what is going on.

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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Share on other sites

So I went to the sherrif clerks office today.the only thing they can suggest is that shoosmiths think there may not be enough info in my defences.had to pay another £45 to submit a motion to oppose

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The debt is statute barred end off.

 

That's all you need to state nothing else.

 

Watch out for them wanting a little chat before the hearing.

 

Don't !!

 

You have nothing to negotiate over

And do not let them get away with not meeting your costs

Esp the fee you just had to pay

You should not be having to pay anything

The debt is extinguished under Scottish law

 

Now belt and braces for ref

 

The agreement that might be produced (but not at this hearing..if if if ..it goes further)

Will be a rewrite not signed by you

But prob signed by a member of welcome staff over the phone

It might well have a hand written account number

That's is no good

Your org 2004 one would have been typed

And I bet you have a copy in your old sar??

 

But anyway they've got the SB hurdle to jump first!!!!!

 

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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Share on other sites

only what the citation states pages 1 & 2 I think it is?

 

its for them to prove its not sb'd

not for you to prove it is.

 

I would suspect it will be relisted or whatever the Scottish eqv is

to give the pursuer time to produce whatever they intend to rely upon to counter your SB claim.

 

not really too sure.

 

but they certainly can't magic anything up regarding that to the sheriff

as you've not seen it,

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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Share on other sites

I have edited post as i have just read the full thread.

 

This is a secured loan so the SB rules are different its 20 years not 5

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They would only apply for a charge once you have failed payments so thats' what they will be looking for now so you cannot sell unless you pay up.

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gonna see if it can get confirmation either way with something from previous case

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Hi Janis,

 

I was meaning would try and get something to link too.

 

There does not have to be an actual charge on a property for the secured loan.

 

Up here the secured loan is still under "secured rules" which means that they have 20 years to enforce for payment.

 

Creditors are likely to apply to court for an inhibition order which prevents you from selling your home until the debt is paid which has to be renewed every 5 years.

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theres a thread here somewhere

about welcome removing the majority of its security against secured loans

and how it appeared, and to this day, that all security was removed and welcome were no longer legally interested in that side of

the loan

they resorted to a std loan.

 

as far as I'm aware, if a creditor removes the requirement for security, that's the end of it.

 

but ok Scotland might be diff.

 

I think the info is on the FCA website but it certainly here

IMHO I'd call their [cabots] bluff, prove what the loan is secured against if needs be.

 

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... 

Link to post
Share on other sites

Good Luck for tomorrow.

 

Lets us know what happens and pay attention to what the judge says as they can give clues

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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Nothing is ever simple is it?? S

 

went to my options hearing today and

 

the Sheriff told me that there are rules which I should abide by and I haven't.

 

By not seeking legal advice and entering "legal Defences".

I now have 2 weeks to do so and return in September.

 

I was sure that my own defence was sufficient and no-one told me otherwise.

 

Cabot were also awarded expenses since the Motion calling was dismissed.

 

now I am £130 court fees down as well as having to get a solicitor and pay them and expenses

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why the beep do you need legal help on a debt that is statute barred and shouldn't even be in court?

 

 

puzzled?

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... 

Link to post
Share on other sites
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