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    • No I get what you're saying and that is fair enough if that's the way it is, but the issue is that the Judge has agreed that I part exchanged my car against a new car but then failed to acknowledge that it was a deposit of some form. To trade my car in and get a discount of a new car constitutes as a deposit by legislation. The Judge has conflicted himself and this is where he is misinterpreting the law.  I also shouldn't have had a scrappage discount and a dealership discount together, it says so in their terms and conditions, which in itself makes the agreement improperly executed at the very least.  This may all make more sense when I upload the trial bundle, it's over 160 pages though so taking a while to redact my information 
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    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you don't have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
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Cabot/morgan Claimform Morgan stanley card debt **struck out**


Hadituptohere
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So, if there is no default notice, how can they proceed without proving that the account was ever defaulted?

 

Ah, just seen what you wrote, it appears in my reply quote below, but not in your post, strange.

They have processed a default on my credit file also, and kept updating the date so it stayed active. I'm trying to address this now.

I am at the stage of the Witness Statement, so also not sure what I can do about charges & PPI.

 

The whole no DN thing and an app form for a CCA is really baffling me, why do they proceed with these?......

DC

 

Hi Debtcontrol

 

yes there was no default notice and they have proccessed a default on my credit file for 6 years, Im ready just wondering what to do about the charges and ppi as ive had no responce from Goldfish in the past to my LBA

 

Hadituptohere

 

hadituptohere

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Thats something for the defence, im sure.

 

Theres 540.00 in charges and 240.00 in PPI payments, does anyone know where the interest calculator has gone that was about the site??

 

I think the best way is to try and claim these back from the OC and reduce the amount and if Morons do issue there will be next to nothing to claim

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I don't know about PPI but, as you say if you do reclaim it, there wouldn't be much left.

 

However, with many apologies for the delay, the two so-called agreements you need to look at are

 

Lunar Jim vs Barclaycard

 

and

 

Hatesdebt v Barclaycard

 

It's all down to the cut and paste on the back page. In the column on the left, you can see from those 'agreements' that the space between the lines and the box is different. On a genuine printed form it wouldn't be. Yours will be different again. I think you should say that you do not believe the agreement they have sent is genuine, and you wish to visit their offices or the OC's offices to inspect it. You could also add a dire warning about producing fraudulent documents ....:smile:

 

DD

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Morons will not play any part in the PPI process, this you need to address with the OC. I found this very straightforward with Egg and they capitulated after one letter, but I wouldn't expect all banks and financial institutions to roll over so easily

 

The template letter from the library is sufficient in the first instance.

 

Write to MSDW advising them that the PPI was missold and the reasons (they are on the letter)

then wait for them to either dispute your claim and prove that the PPI was correctly applied/sold, or else to begin negotiations with a view to settlement.

 

be prepared to follow up on your threats and claims with regards to FOS etc as some of the more stubborn Bankers have been known to hold out til the last minute and beyond

 

Once they have settled this opens another as yet untested argument as to whether it cattles Cabots claim.

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Thanks DD

 

As ive said I did send a request to GOLDFISH for repayment of the Charges and also an LBA but no responce, anyone any advise on this please

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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HI Spam thanks alot didnt see your post prior to posting

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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would it be advisable to go for the PPI and charges plus interest to todays date?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I'm going to do this also, did you get the interest calculator at all?

 

would it be advisable to go for the PPI and charges plus interest to todays date?

 

Hadituptohere

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Not yet, unsure whether you can apply for interest and to what date can you claim too?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Up to now I have claimed PPI x 2 and charges for a credit card, all three were inclusive of interest initially to the date of the claim.

 

In the case of PPI, your claim should be for the total premium amounts that you have paid, plus any interest applied to the PPI, plus stat 8% for each premium

for charges it is exactly the same, I would suggest you use an interest calculator to ensure that you have fairly accurate figures.

 

if in three months time this is still going on then you will need to be recalculating the interest applied to the accounts and to the amounts outstanding/owed

 

However, from my experience, if they quickly concede the point and agree to refund, they will want to be seen as being fair and accurate in their actions and so will recalculate the interest themselves.

 

When I reclaimed the charges from Halifax for a credit card, my claim was for about £380, they refunded just short of £500, this wasn't due to a miscalculation on my part, rather they jacked it up to make sure that I had no further recourse to complain and to counter any arguments about interest that they may have applied to the charges

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This card was from 2001, BUT I wasnt aware of the unlafull charges and missold ppi untill 2008 when I first sent correspondance to Goldfish, so I guess I would still be able to claim ???

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Cant find the interest calculator that used to be on the site...Arrrgh

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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This card was from 2001, BUT I wasnt aware of the unlafull charges and missold ppi untill 2008 when I first sent correspondance to Goldfish, so I guess I would still be able to claim ???

 

Hadituptohere

 

I believe you can bring a PPI claim six years from the point you became aware of the misselling, do a search online for PPI interest calculator, there are many out there.

 

get the numbers worked out and send the letters, it will only cost you a couple of quid and could bring in a lot more and add to your forthcoming defence

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In the case of PPI, your claim should be for the total premium amounts that you have paid, plus any interest applied to the PPI, plus stat 8% for each premium

for charges it is exactly the same, I would suggest you use an interest calculator to ensure that you have fairly accurate figures.

 

 

The late payment charges = 480.00 (mis calculated last time) + compound interest @ 13.9% (quoted on application form) = 1438.90 but then if you add 8% to each payment the figure goes through the roof....

 

PPI payments = 299.57 + compounded 13.9% = 613.37 + 8% = 1020.98

 

That just levels Cabots claims...lol

 

Best get writing again to Goldfish?????

 

I wrote to them last time and didnt get a responce, would it be advisable to send to Barclays as they own Goldfish???

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hello HIUTH, did you get an interest calc then? Would be interested in a copy please. I think this will severely affect Cabots case against me also.

Thanks,

DC.

 

The late payment charges = 480.00 (mis calculated last time) + compound interest @ 13.9% (quoted on application form) = 1438.90 but then if you add 8% to each payment the figure goes through the roof....

 

PPI payments = 299.57 + compounded 13.9% = 613.37 + 8% = 1020.98

 

That just levels Cabots claims...lol

 

Best get writing again to Goldfish?????

 

I wrote to them last time and didnt get a responce, would it be advisable to send to Barclays as they own Goldfish???

 

Hadituptohere

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http://www.consumeractiongroup.co.uk/forum/showthread.php?249257-PPI-Interest-Calculator

 

I used this one here debtcontrol

Hope that helps ya

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 3 weeks later...

Hi all

 

Havent been around the last few days after a short break in scotland with the family and coming home to a swimming pool in my downstairs, hence no pc...

 

Nothing from Cabot or morgans on the default costs certificate and ive rang the court and theyve had nothing...

 

Whats the next step????

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ive sent my request for repayment of PPI and charges to Barclays and receievd a PPI complaints form from them in reply?????

 

Any suggestions as where to go next with this plz??

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi Guys

 

Thanks Rhia for your coments and yes would be nice to slap in a charging order or even the Ballifs.

 

Anyone any ideas on this please????

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I have received the info from the courts and i beleive I can issue a warrant for payment

 

but looking at the charges booklet theres 100.00 for the warrant but also 35.00 for enforcing an award in the county court

 

really confused now??????

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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The warrant costs are added to the amount that the Cabot have to pay.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi foolishgirl

 

yeah i believe so but do I have to go for the Warrant??? what do I get for the 35.00 Enforcing the Award in the County Court??

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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