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    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
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lee79

Having some problems with Wage Day Advance

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My wife took out a PDL with these guys for £185.00 in November of last year. After 3 payments of the minimum payment she realised that she could not afford it and around March of this year emailed them to say she is cancelling her DD and wanted to some to some sort of arrangement.

 

She called them in March as she was having no luck with the emails (they kept pestering her for proof she could not afford it) and came to an arrangement to pay £73.73 over 4 months starting 20th March. She received email confirmation of this on the 23rd March.

 

On the 23rd March a card payment was also taken for £12.00 and £59.00. We assumed this was the first payment and although it was about £2 short we assumed it was done in a rush and we would owe £2.75 after the last payment scheduled on 20th June 2012.

 

However, they tried to set up another DD this month which we cancelled and have contacted my wife claiming that March's payment did not go through so we owe one more payment.

 

I've asked them to confirm what the payments were for in March and I think they are going to say it is a card payment because of the cancelled DD.

 

However, my wife came to this agreement before this date and they still took out the money regardless. Like idiots we didn't query it as we just assumed it was the 1st payment to the repayment plan.

 

What should we do?

 

Thanks, Lee.

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Check your bank statements and make sure the transaction actually went through and wasnt pending and fell off.

 

If the transaction is there in black and white, let us know and we can write a letter template for you to send these muppets. Don't worry about what they might say. Stay off the phone and deal in writing only. IF they refuse to answer emails, thats their problem not yours. If you continually contact them like you have been doing, they will think they are on to a gullible debtor and a potential cash cow.

 

What we'll need to do in the letter is file a complaint, and also add that their permission to debit the account and use any associated DD's is now revoked. A copy of the letter can go to your bank to ensure no money is taken out by them again.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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What in simple terms has she paid towards the loan? What do they say is outstanding?

 

Jogs

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I think she only emailed then about 2 times and then phoned once.

 

The problem is though no amount for the agreed amount (£73.75)went through in March as they said it would. But the 2 amounts, one for £12 and another for £59.00 did. So, it seems that they ignored my wife when she said that she was cancelling the DD and took this amount after the payment plan was agreed.

 

So, if all had gone ahead then (bearing in mind we could not afford the £59.00) we would have paid out £12.00, £59.00 and £73.75 in the same month to these people.

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@havinastella (forgot to reply with quote)

 

In total she has paid £469.25 for a £185.00 loan. Thy claim that one more payment is outstanding for £73.75 that did not go through in March (which is what we mistook the £12 and £59 to be which they took after the agreement was confirmed and on the same day we got the agreement via email).

 

Thanks - Lee

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Seems like youve been "cash cowed" to be honest. Do NOT pay them anything else.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Remember any advise I give is not legally binding. I would tell this company to Foxtrot Oscar. Forget there stupid carry over clauses.

 

I would be writing to them, saying, I have paid xxxx towards xxxx loan.

 

Although I agreed to your t&c's I believe that they are unfair.

 

Please be advised that I shall not be paying anything more and I require confirmation that this agreement is fulfilled.

 

Any legal proceedings shall be defended that may incur costs to yourselves.

 

 

 

OR something similar.

 

 

This is what I would do, you have the option to do whatever you choose!

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Remember any advise I give is not legally binding. I would tell this company to Foxtrot Oscar. Forget there stupid carry over clauses.

 

I would be writing to them, saying, I have paid xxxx towards xxxx loan.

 

Although I agreed to your t&c's I believe that they are unfair.

 

Please be advised that I shall not be paying anything more and I require confirmation that this agreement is fulfilled.

 

Any legal proceedings shall be defended that mau incur costs to yourselves.

 

 

 

OR something similar.

 

 

This is what I would do, you have the option to do whatever you choose!

 

Sounds good :) This is pretty much what I'm going to do. I just like to have as many facts as I can to hand so they don't assume I have no idea and am an easy target.

 

At the end of the day my wife came to an arrangement with them. They agreed to this but tried taking one more 'regular' payment after this agreement was agreed by card payment. As far as I'm concerned as this 'regular' payment was after the agreement then it is meant to be part of the 4 month agreement. They even had the cheek to add some sort of arrangement fee into the payments as well like they haven't had enough in total.

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Thats what they do. Youve been cashcowed. They knew that youd pay them, so theyre adding on whatever fictitious charges/fee's they can think of.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So I've put a formal complaint through as the person I'm emailing has changed his story mid way through from the DD failing in March to it actually being set up for April. One minute he claims that it was set up for March but failed and then my wife phoned and it was agreed to restart it from April. That would have involved 2 calls. However, my wife called once and now in this one call he says that it was set up for April from the beginning.

 

Is it perfectly ok for me to complain to the OFT or Trading Standards as well whilst waiting a reply as I've seen in some threads people have said go straight to the organisations named?

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Yes. Complain LOUDLY.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Cheers Renegadeimp, just didn't want them to say I have to wait until the PDL got back to me.

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Thats just the FOS who says that. OFT are the ones who decide who has a license and who doesnt. Thats why its vitally important anyone who has a problem with a lender needs to start official complaints.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just a quick update in that WDA have completed their investigation of my complaint and have decided not to pursue the rest of the balance :)

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Congrats.

 

Now, did they say they will simply stop pursuing, or did they say the debt is not finished and your account is closed?

 

Big difference there as the former means only the PDL will stop coming after you but they could easily sell the debt on to someone else.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Congrats.

 

Now, did they say they will simply stop pursuing, or did they say the debt is not finished and your account is closed?

 

Big difference there as the former means only the PDL will stop coming after you but they could easily sell the debt on to someone else.

 

Yeah - they said that the account will be closed and we'll definitely be keeping hold of all correspondence to that effect somewhere safe :)

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Make sure you get them to say that the debt will not be sold on to any third party or representative. That statement is key.

 

Otherwise they can simply sell the debt on, and say " we said we will close the account, not that we would wipe the debt."


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just a quick update in that WDA have completed their investigation of my complaint and have decided not to pursue the rest of the balance :)

 

What a suprise.

 

Thanks for updating the thread.

 

Jogs

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This is a the bit from the email

 

'After careful consideration in effort to draw a line under the matter it has been decided that the remaining balance of £73.75 will be written off and the account closed. '

 

Hope this helps and thanks for the replies :)

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Congrats again!


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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