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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
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    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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Creation Car finance agreement - dealer forged my sig, was cabot now lowells chasing

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Hi, I am looking for some advice/opinions...

 

In January 2011 I purchased a car with finance provided by creation.

The price of the car was £2995, I paid a cash deposit of £800.

I was made aware of charges/fees totalling £450 (ish), which would be added to the finance agreement.

 

All was going fine until around 6 months ago, when a change of bank account led me to registering for online account management (so that I could arrange continuing payments).

 

The amount outstanding didn't appear to be correct so I contacted the company and requested all of the relevant figures.

It turned out that the set-up/admin fees had been added twice,

the representative I spoke to said that the dealer was wrong to add these fees at the point of sale as they are always added afterwards.

 

A rather in-depth conversation led to me being informed that creation don't actually hold any physical paperwork, and that they would be unable to amend the loan amount without notification from the dealer.

 

After some detective work I managed to locate the dealer

(who had now leased his forecourt to someone else, but I found him in the end!).

 

I explained the situation, and asked for a copy of our original sales document.

A week of telephone calls and me harrassing him brought no joy.

 

He told me that all of his paperwork was in storage and that he'd been unable to locate the document.

Well, of course he couldn't find it

- it would prove that he had actually received £450 more than he should have from creation, which they would obviously want back!

For me, the actual cost of the £450 would be much greater due to the associated interest.

 

Fortunately,

I did find my copy of the sales document, and emailed creation again,

informing them that I had a physical, SIGNED document showing the correct amount.

 

I explained that I would be happy to send them a COPY, not the original

- this was all the proof I had, it wasn't going to be lost in the post!

They did not reply.

 

On to the more pressing concern now...

during all of this I noticed that creation had the wrong registration number for the vehicle.

 

I informed them of this, without giving them the correct number.

Again, they were unable to amend the details without verification from the dealer.

 

I sent a final email informing them that this needed to be corrected (as did the loan amount) as I was hoping to sell the vehicle, with their permission of course.

 

I was hoping that this would set alarm bells ringing for them

- the vehicle did technically belong to them.

No joy.

 

after a couple more months,

it became apparent that the car was going to need a lot of money spent on it

- which I didn't have.

 

I did a hpi check and, surprise, it showed no outstanding finance.

So I traded it for another car at a local dealership.

 

I now find myself in no position to continue with repayments

- I am just setting up a debt managemnt plan,

and have just been visited by bailiffs

and had to agree a repayment plan with them

(which I can't afford, but will have to find if I want to keep my possessions obviously!).

 

I am in this position through my own actions

- I was earning a good salary until a year ago but had to give up the job.

This really is no-one's fault but my own.

 

My question is this - what can creation do to me?

I no longer have the car so they can't repossess it.

 

Actually, I NEVER had the car with the registration number they hold,

although the make and model are correct.

 

I am willing to come to some arrangement with them if they will accept a much reduced payment,

my concern is that they won't accept it and I have sold a car which didn't belong to me

. But then, it didn't belong to them either maybe?

 

I know I shouldn't have sold the car, but in my defence I did inform them of the mistakes with the agreement.

The only document I have ever signed is the original purchase order with the dealer (which he can't find).

 

Any ideas?!

Thank you.

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Hi, can someone please help - I don't know what steps I should take next:

 

I sent a CCA request regarding an old agreement.

A copy of the 'original' agreement has arrived today

- with a forged signature!

It is most definitely NOT my signature, although it is a good attempt.

 

I never signed a credit agreement, that is why I sent the CCA request.

 

There are other issues

- the registration number of the vehicle I bought is incorrect,

as is the purchase price

- both issues were reported to the finance company at the time.

 

At this point, though,

I am more concerned with the fact that someone has had the audacity to forge my signature!

 

There must be a process I need to follow,

but I have no idea where to start.

Can anyone point me in the right direction?

 

Many thanks

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merged with you old thread from 2012.

 

so the dealer forged your sig then,

this must be close to being SB'd too!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you for putting my posts together - that makes sense now :-)

 

Um, what does SB'd mean? I'm new here... :-)

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Oh, Statute Barred? Yes, getting close...

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so what prompted the sending of the CCA request

 

 

have cabot been sending threat-o-grams then?

 

 

tell us what has happened between your 1st post and today that has prompted you to CCA?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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when was the last payment to creation / Cabot? (Since that will determine the SB date ......)

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The account is now with Lowells Solicitors

- they sent a 'final notice before court action' type letter..

. There may have been many other letters which were never opened (head buried in sand moments).

 

I haven't been paying this debt,

and I haven't acknowledged it.

 

 

Because of the issues with the account

(as my original post - incorrect details, no satisfactory response from Creation regarding these details)

I just didn't pay it

- I know that's not the best course of action,

but I've had many other things to worry about over the last 5 years.

 

I think the problem was always the cowboy that sold me the car.

He was more than a little surprised when I found him in 2012!

Funnily enough, I've seen a FB post very recently about him, and it wasn't a good review.

 

In summary

- I am in possession of the original purchase order,

showing the correct vehicle registration number and purchase price.

 

 

I have not made a payment on this account since 2012

(according to the statement I received today

- I'm sure it was longer ago than that, though).

 

 

I have not opened any letters about this account for years

- but that's not to say I didn't get any.

 

 

I am angry that I seem to have been 'done', and yes,

I'm trying to not pay it for that reason.

 

 

The CCA request was made because I KNEW they did not hold a signed agreement,

because I never signed one,

and I need to show I have tried to resolve this before it goes to court.

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looks like the OP paid until about feb 2012 [1st post]

 

 

dx

 

 

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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oh and you did the very best thing by not paying!!

 

pers i'd let this run

 

if you do get a claimform

then comeback here.

if casbot has sold it to lowells.

 

that means its definitely a lemon debt.

 

cabot are bottom feeders

Lowell don't usually deal in debts cabot has had

so i'd sit on your hand

which might have been a better thing to do

unless you've moved since you took this out

then the CCA was a good Idea as they now have the correct address

and cant get a backdoor CCJ.

 

the fact that its fraud and you have proof will KILL any court claim dead.

 

don't worry

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you for your input, it is appreciated!

 

Yes, I have moved - and changed my name (first name by deed poll, surname by marriage). Letters are still addressed in my old name. They found me somehow - not sure how? I had already changed my name by the time I moved...

 

Do I need to do anything about this fraudulent signature? Should I respond, pointing that out? Report it somewhere?

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now go read post 10

 

 

as long as you've CCA'd from your current address you do nothing more


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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