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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    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 are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     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:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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Hi,

I have received a letter from Mackenzie Hall chasing a Welcome Finance Debt.

 

How should i respond?

 

This is what it states:

 

Dear XXXXX

 

As per previous contact by our client Cattles, you have been made aware that the overdue amount of £19**** remains outstanding. We remind you that you have a legal obligation to repay this balance.

 

Due to your failure to resolve this matter in a satisfactory matter, your account has been passed to Mackenzie Hall Limited.

 

The reason we are now involved is that previous attempts to resolve this matter have been ignored.

 

You must contact us immediately on 08444115699 and pay this amount in full.

 

If you are unable to pay this account in full you must contact us to discuss the matter further.

 

Failure to pay or respond to this letter may leave our client no other option than to commence with further action without notification.

 

Possible actions that may proceed:

 

- Home visit: The purpose of which will be to discuss your circumstances and assess your ability to repay the balance owed.

- Legal Action: We may advise our clients to instruct their legal representative with a view to issuing proceedings against you, which may also result in further costs being added to the amount owed.

 

Please do not ignore this letter as we may commence with further action without further notification.

 

Important: If you are not the named person above please contact us quoting XXXXXX

 

This debt is outstanding, but i cannot afford to repay it and it is a joint secured loan on a repossessed property. Unfortunately, i have no contact with my ex boyfriend and so cannot contact him. I have been burying my head in the sand, but not sure what to do now as this letter has been received at my parent's address.

 

Can anyone advise as to whether i should respond, and if i should, what should i say?

 

Thanks

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OK, when was the last payment made on this loan?

I presume the property was repossed with shortfall?


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I cannot confirm for definite but i would say that the last payment was made within 3 years.

Also, the property was repossessed with an approximate shortfall of £30K, which i am still trying to fight.

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Make a subject access request under the Data Protection Act 1998 to the Data Controller Welcome/Cattles there is a £10 statutory fee and they have 40 days to comply, this will provide all data Cattles holds on the account you send it to their Data Controller by recorded delivery.

 

Much of Wellcome paperwork is /was faulty or non exisitant.


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If rec'd at your parents address, then it would appear they don't know where you are living. I would suggest that it is returned to sender marked not at this address and your parents should let you know if further letters are received.

 

If you have no assets and a few large debts that you have no change of repaying you should seek proper debt advice to see what debt relief options are open to you. With a mortgage debt, they have up to 12 years to enforce, which is a long time to have something worrying you. If debt relief options are not available or not suitable, then some people choose to borrow a small lump sum from family, so they can make a 'without prejudice' full and final settlement offer. I have known several people who have cleared large debts by paying 10% of the amount as a settlement.


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When you were repossessed was a judgement made on the amount(s) due? if so, this may help


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Thank you. I shall go with the advice and see what happens. If this fails, i think bankruptcy is my only option. Thank you again.

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Brig is an expert at these sort of things (and can possibly read minds) and has given you good advice as a result.

 

For the benefit of us mere mortals, please could you confirm that Cattle and Welcome are the same, and that this was a second charge (secured loan) on the property.

 

Is the £30k shortfall just from the original mortgage? I.e. your apparent shortfall is £30k plus this £19k? Or does it include this sum?

 

Lastly - what are you doing to challenge the shortfall? (I have a shortfall of £50k myself and could do with some tips...)

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From digging around i believe Cattle is Welcome.... someone could possibly clarify this...

The debt that they are chasing was a secured loan on a mortgage. The £30K is the shortfall on the mortgage. I am basically trying to get all the information on marketing of the property, full breakdown's of costs and trying to ensure that how they marketed and the costs associated are relevant to the claim they are making against me.

To be honest, i am dealing with a DCA on that and they are useless, so i am basically going around in circles with them.

I'm really screwed....

 

Also, i have nothing showing on my credit file with regards to a CCJ against the mortgage.

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On a debt of this size it would be seriously unwise to ignore this letter there is a distinct posibility of this escalating to litigation and the ''without prejudice'' response prevents you from submitting any response and replies as evidence should end up in court.

 

If this debt is a mortgage under seal then the limitation act does give 12 years to pursue but the Council of Mortgage Lenders has stated their members will not pursue after 6 years, if this is a simple 2nd charge then 6 years applies.


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So my first step here is to send the SAR?

 

If they provide the credit agreement i am guessing that i have to pay up, although i can barely make ends meet at the moment?

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So my first step here is to send the SAR?

 

If they provide the credit agreement i am guessing that i have to pay up, although i can barely make ends meet at the moment?

 

Don't expect the agreement with a SAR there is no obligation under this request to supply it as it is covered by section 77/78 of the Consumer Credit Act 1974.

Even if the agreement is supplied it may not be enforceable.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Re: The Mortgage Shortfall

You should aim your queries at the original mortgage company. A DCA has no obligation to honour your requests. If you have already asked the mortgage company to provide answers to your questions and they have failed, consider disputing the account - but be prepared to follow this through in court. If you have legitimate reason to dispute the account, the DCA should back off.

 

Re: The Secured Loan:

Brig is right - if the other DCA (MH) think it is worth their while they may litigate. It is in your interest to get a payment agreement in place. Even if your circumstances mean that this is £1 a month. They will whinge and moan, but they cannot get what you do not have.

 

Re: Both Debts

Given that you are considering bankruptcy you must seek professional advice. National Debtline, StepChange or CAB. If you appear before a judge in a BR hearing, such advice is a prerequisite to a BR judgment.

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