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    • So @theoldrouge where was farage during the D-day honors/remembrance ? He was quick to trash Sunak - but at least sunak showed his face heh?   Sunak perhaps needs to slip some dosh to led by donkeys to fund some banners in Clacton heh? Suggestions: D-day - Sunak maybe ran, but Farage never even showed Farage I'm the only one who can change my mind - dont you plebs think you can Clacton, who wants to spend time in Clacton? 48/52 is unfinished business - ooops eerrrr no it is  ...  err well unless is what I lose by Reject me 1 times shame on you, Reject me 7 times shame on me   Hers how: A statesman - and not just in waiting
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    • Hi CAG Team, I'm seeking your skills and help for a NtK my partner received through the post earlier this week. To give a little backstory, my partner and I, along with our young children (4 and 7), decided to go on a camping holiday about 3 hours away from us. We took a car each because we didn't have enough room in one car. We arrived at the services at very similar times as we followed each other the whole way. So, two cars. My partner has received this NtK, but I haven't. This NtK dropped through the front door on Wednesday, June 5, 2024.  We both parked in the Burger King car park, not in BP; we got out, all went for a toilet break, got some food from the BP garage and returned to our cars to eat.  After eating, we took the kids to the toilet again before leaving to complete our journey. I didn't notice any parking restriction signs and can't get back to the location due to how far away it is. I noticed another person had an issue here and reported it to you, and they managed to get the charge dropped. See below. To me, it looks like they have cameras at the complex's entrance and exit. I'm not sure if they own the land/car park by Burger King, I'm not sure if this is a legal contract or not.  I find that 30 mins limit at a Services that serves hot food to be ridiculous and unfair, especially as we had kids to feed and water.  And the fact that I didn't receive the same NtK despite us driving in and out together is just crazy. This is the location - I also uploaded a map image. Google Maps MAPS.APP.GOO.GL ★★★☆☆ · Restaurant 1 Date of the infringement 24th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 29th May 2024 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N 5 Is there any photographic evidence of the event? Y - Only entering and exiting the complex/land. 6 Have you appealed? [Y/N?] post up your appeal] N 7 Who is the parking company? MET 8. Where exactly [carpark name and town] BP Blue Boys, Tonbridge TN12 7HE For either option, does it say which appeals body they operate under. POPLA I hope you can help me out with some guidance on how to proceed with this. Let me know if you need anything else. Thank you, Passerby0233 2024-06-08 13_17_52-Burger King - Google Maps — Mozilla Firefox.pdf NtK_29-05-2024.compressed.pdf
    • Which Court have you received the claim from ? Civil National Business Centre (Northampton) Name of the Claimant ? PRA Group (UK) Limited How many defendant's  joint or self ? Self Date of issue – 23/5/24 AOS - Tues, 11/6/24 (19 days)  Defence - Thurs, 25/6/24 (33 days) Particulars of Claim 1. The Claimant claims the sum of £7926 for an outstanding debt owed. 2. On 20/4/18 the Defendant entered into an agreement with Lloyds Bank for a Credit Card under reference [16 numbers]. 3. On 10/5/22 the Defendant defaulted on the agreement with an outstanding balance of £7296. 4. On 28/11/23 the debt of £7296 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) to act on its behalf and the CLAIMANT CLAIMS 1. The sum of £7925 What is the total value of the claim? £8481 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? I believe I sent a letter by registered mail of a change in address to abroad in 2021. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not personally - probably sent to my parents Did you receive a Default Notice from the original creditor? Not personally - probably sent to my parents Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not personally - probably sent to my parents Why did you cease payments? Unable to afford, living abroad What was the date of your last payment? Unsure (probably 2021) Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No ................... I have read through a number of similar threads, one thing i'm not sure how to proceed about is that I live abroad in the middle east and have done for several years. The claim letter was sent to my parents address and I really don't want them to be harassed about this. I am sure I sent the original creditor a registered letter with my change of address but can't find this currently. I am not in a position to pay this, and tend to come back to the UK to see family at most once a year (less since Covid),  not particular bothered about my financial score...more concerned about harassment of my parents. I have not registered on the gov gateway or anything like that.  Details below (as best as i can), and thank you for taking the time to look into it. Also redacted claim form attached: Claim form 23-5-24.pdf
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Urgent Help! Cabot have issued County Court Order


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A few months ago I received letters relating to £10,000 debt to Capital One Credit Card. Upon research I found out that it was my husband who spent this money but the card was in my name. We are not together anymore, I informed Cabot this but they stated I was the card holder so I have to pay, even though my ex husband has agreed to go to Court to state this. The debt was from 2008 and up until some weeks ago there has been no letter regarding this, certainly nothing from Capital One.

Is it too late to ask for original Credit Agreement? I have 14 days to fill in the claim form and send back.

Please advise what should be my next step!

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Hi Cheeky

 

I assume you mean you have received a summons from Cabot.You have 33 days in total to deal with this (5 deemed served 14 to Acknowledge service and another 14 if you intend to defend.You can request documents via a CPR 31.14 ( if docs are referred to in the Particulars of claim) request and a copy of the agreement by way of a sec 78 request.If you could type out the particulars of the claim verbatim less any identifiable data.

 

Regards

 

Andy

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Hi Andy,

 

Hmm not familiar with either of the documents you quoted below.

 

Should I send a sec 78 request first? I have not seen any Credit Card Agreement from Capital One, if I haven't signed one, are they still eligible to the money?

Appreciate your help!

Cheeky ;-)

 

 

Hi Cheeky

 

I assume you mean you have received a summons from Cabot.You have 33 days in total to deal with this (5 deemed served 14 to Acknowledge service and another 14 if you intend to defend.You can request documents via a CPR 31.14 ( if docs are referred to in the Particulars of claim) request and a copy of the agreement by way of a sec 78 request.If you could type out the particulars of the claim verbatim less any identifiable data.

 

Regards

 

Andy

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Yes send the CCA (sec 78) request with a £1 PO print name on the request not sig.Recorded del.I cant advise on the CPR until i see your PoC.

 

Andy

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Its in the templates section (letter N I recall) If you have never acknowledged the debt with Caboot then its important to head the request with " I do not acknowledge any debt with your company "

We could do with some help from you.

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Unless you report your ex for fraud, I’m not sure his standing up in court and taking the blame will help that much. Where did the statements go to? Was it to a different address to your own?

 

Sending a CCA request at this stage implies you know what the account is about, and really you do not know because you did not take out the agreement.

 

Need to be very careful here.

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If you have received a summons Donkey with the debt and account number in your name a request for the agreement is not an acknowledgment hence my advice to head it as above.

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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I presume this is MCOL.

 

Once you have got a defence together with the help of the people here, you may also join your "husband" in to the action by citing him as a defendant in an "additional claim" (Civil Procedure Rule 20.7). That is if he has agreed to be liable and indemnifies you.

 

In the worst case scenario, if you are not successful in your action, he will also be liable as a result because he admitted to it earlier on in the claim before judgment. This will result in both of you having CCJs if your action is not successful.

 

You will need to file the additional claim as per CPR 20 at the same time as you file your defence. Don't do it any later otherwise you will need the permission of the court.

 

If it was MCOL, you won't be able to do this online hence why you will need to call them up and get a fax number to fax over your defence and the additional claim. There is a charge for the additional claim, the amount escapes me right now but you are looking at something between £30-£50.

 

The additional claim has to follow a certain format as regards content, etc however if you want to defend, I would get that out of the way as a priority and then think about the additional claim with your husband as a defendant later.

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I will deal with husband later, too late to be messing round with that just now. Need to get this off my back. The letter is a Claim form in the Northampton County Court. I only received this yesterday and it is dated 29th September!! Then they say I only have 14 days to reply! I still haven't found the 'Letter N' template which is the sec 78 request letter. I really need to get this off tomorrow, at least it acknowledges that I have responded. There seems to be no court date on letter though.

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Before I leave you in the hands of the forum regulars, here is the link you requested:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-amp-Budget-Planner&p=162367&viewfull=0#post162367

 

If you acknowledge the claim online, as another stated above, you have 33 days from the date of issue. Just ensure that you go online using your MCOL defence pack and acknowledge the claim.

 

As stated, I leave you in their hands now.

 

Good luck.

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Thank You! I have been online and done the AOS to acknowledge claim. I guess now I need to get the SEC 78 Request letter out to Cabot and send the £1 PO.

 

What happens if they don't come up with a signed agreement from myself???

 

 

Before I leave you in the hands of the forum regulars, here is the link you requested:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-amp-Budget-Planner&p=162367&viewfull=0#post162367

 

If you acknowledge the claim online, as another stated above, you have 33 days from the date of issue. Just ensure that you go online using your MCOL defence pack and acknowledge the claim.

 

As stated, I leave you in their hands now.

 

Good luck.

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Difficult to advise further without seeing the PoC verbatim (3rd request)

 

Andy

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Hi Cheeky,

By all means send your CCA Request, but in terms of the summons, as Andy says, you URGENTLY need to send what is called a CPR 31.14 request. This is for documents mentioned in the POC. .

Unlike the CCA Request, a 31.14 request is enforceable by the court if they don't comply, giving you additional protection and a possible avenue for a strike out if they fail to disclose.

 

 

We can help you with this, but need to see the Particulars of Claim to do so as the wording of the 31.14 is dependant upon the POC. Equally importantly a request for an extension of time is usually incorporated in the 31.14 letter.

By my reckoning at present your time is up on 1st November.

 

Hope this helps,

 

Elsa x

Edited by Undercover-Elsa
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Putting the ex aspect to one side you need all your ducks in a row to defend, which means not only whether they can produce the agreement but also establishing whether a default notice/notice of assignment etc were correctly issued, whether there's any missold PPI or unfair charges etc etc

Edited by Undercover-Elsa
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A few months ago I received letters relating to £10,000 debt to Capital One Credit Card. Upon research I found out that it was my husband who spent this money but the card was in my name. We are not together anymore, I informed Cabot this but they stated I was the card holder so I have to pay, even though my ex husband has agreed to go to Court to state this. The debt was from 2008 and up until some weeks ago there has been no letter regarding this, certainly nothing from Capital One.

Is it too late to ask for original Credit Agreement? I have 14 days to fill in the claim form and send back.

Please advise what should be my next step!

 

How did you take possession of the credit card?

 

Kind regards

 

The Mould

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I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

 

Hi Cheeky,

By all means send your CCA Request, but in terms of the summons, as Andy says, you URGENTLY need to send what is called a CPR 31.14 request. This is for documents mentioned in the POC. .

Unlike the CCA Request, a 31.14 request is enforceable by the court if they don't comply, giving you additional protection and a possible avenue for a strike out if they fail to disclose.

 

 

We can help you with this, but need to see the Particulars of Claim to do so as the wording of the 31.14 is dependant upon the POC. Equally importantly a request for an extension of time is usually incorporated in the 31.14 letter.

By my reckoning at present your time is up on 1st November.

 

Hope this helps,

 

Elsa x

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I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

Cheekypomme

 

Do you know if your husband (ex) received any statements or default notices?

 

It would appear that you were named in the contract as an additional cardholder and therefore the creditor can pursue you or your husband for the sum outstanding and this is regardless of whether you spent the majority of that credit or not.

 

Your husband is clearly the bast**d and so you ought to try and encourage him to do the right thing and ask him to communicate with the creditor in order to try and resolve this matter by way of your husband's proposals to repay the debt. What are you going to defend with? If you defend when there is no defence to be raised you will incurr the claimant's legal costs in the recovery action being awarded against you that could amount to a minimum of an additional £3-£5k on top of the debt already owed!

 

You have used the card and therefore you have knowledge of the account, do you know what you are doing?

 

Kind regards

 

The Mould

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I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

Cheekypomme

 

Do you know if your husband (ex) received any statements or default notices?

 

It would appear that you were named in the contract as an additional cardholder and therefore the creditor can pursue you or your husband for the sum outstanding and this is regardless of whether you spent the majority of that credit or not.

 

Your husband is clearly the bast**d and so you ought to try and encourage him to do the right thing and ask him to communicate with the creditor in order to try and resolve this matter by way of your husband's proposals to repay the debt. What are you going to defend with? If you defend when there is no defence to be raised you will incurr the claimant's legal costs in the recovery action being awarded against you that could amount to a minimum of an additional £3-£5k on top of the debt already owed!

 

You have used the card and therefore you have knowledge of the account, do you know what you are doing?

 

Kind regards

 

The Mould

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It was my card only. As we were married he used to the card on occasions. I moved to NZ for two years when I came back late last year I wasn't made aware by any statements or letters from Capital One that there was any monies outstanding. Ex is somewhere abroad ;-( No I really do not know what I am doing. I know I am clutching at straws in the hope that I have either been misold the C/Card in the first place (another new thing to come about lately) or Cap One have no signed agreement for the C/Card in the first place. I could offer some payment per month if all else fails and I would rather do that than run up more debt...ie) fees

Desperate to get this sorted though.

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Hi Cheeky

 

For the moment, leave the issue of your ex to one side. Remember, revenge is a dish best served cold, not when you are in the midst of a stressfull action.

 

First of all, make sure you acknowledge service of the claim form. If this came from the Northamton Bulk Centre (as appears to be the case) you can do this electronically. The instructions and password are contained with the claim form.

 

Next you need to gather information about the credit agreement. S78 of the Consumer Credit Act used to be a way of getting a copy of the signed agreement. However, due to a court case in 2009 [Carey v HSBC] the law now allows creditors to reconstruct a credit agreement in response to a request under S78. Such a reconstuction of course will not contain the signature of the cardholder. Once a creditor starts a legal action though, he needs to produce a copy of the original signed agreement to prove his case [the Proof Purpose].

 

A copy of the credit agreement should have been attached to the claim form if the agreement is mentioned in the Particulars of Claim. Some 'clever' lawyers are now drafting Paticulars of Claim that don't actually mention the credit agreement, and then try to argue they don't have to produce a copy to bring the claim. That is why everyone needs to see the exact wording of the Particulars of Claim (less any identifying details such as the amount) that are in the form. Once the wording is availale, advice can be given as to the wording in your request for documents.

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

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Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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That is why everyone needs to see the exact wording of the Particulars of Claim (less any identifying details such as the amount) that are in the form. Once the wording is availale, advice can be given as to the wording in your request for documents.

 

Doc

 

I have been requesting for 2 days Doc this thread is getting rather over complicated and messy think ill opt out.:|

 

Andy

We could do with some help from you.

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