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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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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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cabot /morgan Claimform CITICARD-last year had a Wright Hassle SD atempt too!!


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cca's for what sorry?

 

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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Send them to whoever owns the debt, if Moorcrofts have bought it then send it to them if they are acting for Citi then send it to Citi.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Send them to whoever owns the debt, if Moorcrofts have bought it then send it to them if they are acting for Citi then send it to Citi.

 

No - you send the CCA to however is demanding money from you, they are then obliged to provide it themselves if they own the account, or forward it the account owner if not.

 

With a CCA you are asking several questions.

 

(a) Does the agreement still exist?

 

(b) If it does, is it likely to be enforceable?

 

© Does this company that has shown up out of the blue demanding money actually have any authority whatsoever to collect this debt? They are obliged in law to produce an enforceable CCA, (or get it from the creditor), if they can't - tell them to sod off.

 

David

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  • 2 weeks later...

then if the little darlins from moorcrap bother you again tell em to sod off..if they want to collect on the debt then they need to supply the paperwork...dont waste the price of the stamp just wait for 12 +2 days to be up and send them the you have failed to supply an agreement and the account is now in default letter

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recevied postalorder and my letter requesting a cca back today telling me to send acca to citi cards as they will hold the information

 

Well write back to the idiots quoting

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity.

 

Remember the 12+2 working days are still running from the time of your first request, so if the time is up send the account indispute letter also. then leave the ball in there court. do not send any further letters until the comply or issue court papers, which is hardly unlikely

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recevied postalorder and my letter requesting a cca back today telling me to send acca to citi cards as they will hold the information

 

Not an uncommon reaction from a DCA in trying to avoid their responsibilies and pass the buck.

 

Send it back to Moorcroft pointing out that as appointed agents for Citi, they are duty bound to forward the request to Citi and is in fact their legal responsibility to do so.

 

They have 12 + 2 days, (from when they 1st received your request), to produce the documents. When that period expires forward the Account in Dispute letter.

 

What it boils down to is, if they can't produce an enforceable CCA, then they have no standing to demand money from you.

 

In my own case, on various accounts I have dealt with and got rid of Moorcroft on three occassions. Frankly they're pratts.

 

David

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THe 12+2 days is up so now do i send the in dipute letter even thou they have sent everything back to me also had the same thing from rw is there a template for a accont in dispute letter

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THe 12+2 days is up so now do i send the in dipute letter even thou they have sent everything back to me also had the same thing from rw is there a template for a accont in dispute letter

 

There you go

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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THe 12+2 days is up so now do i send the in dipute letter even thou they have sent everything back to me also had the same thing from rw is there a template for a accont in dispute letter

Yep, as Alf pointed out, they've run out of time and........errr options.

David

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  • 11 months later...

This morning i have eceived papers from Northamptom cc from cabot on behalf of morgan solicitors for a credit card amount for4985.62

 

 

i have been through this process before

 

 

but what ever i did last time was incorrect

 

 

so please can someone jog my memory of what i should do

 

 

i dont think i have sent of for ane info so

 

 

how do i stop or hold up the court process

 

 

sorry to be a bit dim for people who have helped me before

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You might find this useful....and there are plenty of Cabot threads around these forums too - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED(1-Viewing)-nbsp

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Oh god this as all gone over my head and

 

i now relise why I propably got a judgement against me in Dec

 

Im way out of my depth

 

can you please tell me how to get the extension

 

do i ask the claimeant or the court

 

do I phone the claimant

 

this goes against all ive been told about engaging in conversation with them.

 

i received my papers Friday so

 

whats my first step

 

i need to acknowledge the papers

 

HELP PLEASE

 

i have already messed up once

 

and still have no idea what I did wrong

 

Please can somone help

i have not acknowledge the papers received last week

 

 

im very confused what my first step must be after losing the last case time is running out your help would be very helpful to buy n=me some more time

 

Help anyone please

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  • 2 weeks later...

Hi dillon,

 

perhaps the reason you are not recieving any responses, is because you haven't given any information about the claim.

 

1st step, acknowledge the claim online.

You then have 14 days to file a defence.

Are you disputing the amount ? Do you have a copy of your credit agreement ? Who was the original Creditor ? Have you been recieving statements ?

Depending on what documents you have or have not, and previous requests will determine the next step.

 

Debs

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when i ackowledge

 

 

what parts do i fill in

 

 

I have kow credit agreement

 

 

the oruginal creditor was citicard

 

 

no statements

 

 

just letters from debt recovery

 

 

i do not know how to file a defence

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What debbsy said was going to be my next points. However, the fact that you haven't communicated with Cabot before getting the claim form gives you a strong defence regardless of anything else.

 

As debbsy said you need to acknowledge service and say that you will be be defending the full amount.

 

Can you please type up the particulars of claim as well

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