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    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
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Abbopro

Abbo vs Cahoot

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Hi All,

 

I received my statements, calculated what I felt I could claim, and sent the letter..

 

This morning I received the following response by email. What is my next step??

 

Dear Mr. Absolom,

>

> I refer to your letter dated 24th August 2006 regarding your cahoot

Current account. I have taken ownership of your particular case in

order to provide a response to the issues you have raised.

>

> We do not accept that cahoot's charges are unfair under the Unfair

Terms in Consumer Contracts Regulations 1999. The object of these

Regulations was not price control nor were they intended to interfere with

people's freedom to agree the terms of their contracts.

>

> It is well known that banks make charges and cahoot's charges are in

line with those of other banks. The terms and conditions of the

account and the charges that apply are clear and fair and were provided to

you at the time you opened it. You freely agreed to the terms and

conditions and the charges when you opened the account. You were not under

any obligation to do so and could have gone to another bank if you did

not agree to the charges. Equally, you are free to move your account to

another bank at any time if you do not agree with the charges.

>

> In any event, we do not agree that the charges are disproportionate.

The charges are reasonable and proportionate to the administrative

costs incurred by cahoot.

>

> I am therefore unable to refund the charges you've incurred fully

appreciating the disappointment this may cause.

>

> If you need anything further please do not hesitate to contact me.

>

> Yours sincerely

>

> Paul Evans

> cahoot Service Relationship Manager

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Have you read the FAQs in the library?

 

If you used the template stating you will give them 14 days to comply with your request, then give them 14 days. After this time is up, send your LBA. It's really important to read the FAQs.

 

Good Luck and keep us posted!

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Have you read the FAQs in the library?

 

If you used the template stating you will give them 14 days to comply with your request, then give them 14 days. After this time is up, send your LBA. It's really important to read the FAQs.

 

Good Luck and keep us posted!

 

Hi Lou,

 

Yup, they were replying to my LBA.

 

So it's off to the courts we go! I will file my claim with Moneyclaim, and inform Cahoot that is the action I am taking.

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Moneyclaim claim raised and entered..

 

I have sent Cahoot an email informing them of this, via my lovely new consumeractiongroup email address :-)

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Hi All,

 

I received my statements, calculated what I felt I could claim, and sent the letter..

 

This morning I received the following response by email. What is my next step??

 

Dear Mr. Absolom,

>

> I refer to your letter dated 24th August 2006 regarding your cahoot

Current account. I have taken ownership of your particular case in

order to provide a response to the issues you have raised.

>

> We do not accept that cahoot's charges are unfair under the Unfair

Terms in Consumer Contracts Regulations 1999. The object of these

Regulations was not price control nor were they intended to interfere with

people's freedom to agree the terms of their contracts.

>

> It is well known that banks make charges and cahoot's charges are in

line with those of other banks. The terms and conditions of the

account and the charges that apply are clear and fair and were provided to

you at the time you opened it. You freely agreed to the terms and

conditions and the charges when you opened the account. You were not under

any obligation to do so and could have gone to another bank if you did

not agree to the charges. Equally, you are free to move your account to

another bank at any time if you do not agree with the charges.

>

> In any event, we do not agree that the charges are disproportionate.

The charges are reasonable and proportionate to the administrative

costs incurred by cahoot.

>

> I am therefore unable to refund the charges you've incurred fully

appreciating the disappointment this may cause.

>

> If you need anything further please do not hesitate to contact me.

>

> Yours sincerely

>

> Paul Evans

> cahoot Service Relationship Manager

 

I've just got an almost identical email from them. Sod them, it's LBA time.

 

P.


Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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Team,

 

I have received an offer for £400 of my £800.

 

I want to respond today, what shall I do next?

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simply reply saying that you will accept this in part payment of your claim and urge them to refund the rest otherwise you will reclaim the rest via the courts (they will probably say no it's full and final settlement)

 

See this template

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html


JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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Team,

 

Because I replied before seeing Jkop's reply :x :x ... I accepted £680 as total settlement.

 

Banked and cashed :D :D :D

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ah well - 680 of 800 isn't too bad - shame though, enjoy the money!

 

I'm waiting for my court date now on mine hope it's before christmas


JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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Congrats - go celebrate and spend it all on beer!:grin:

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don't forget to PM a mod to get moved to success section


JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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