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    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - XX + 19 = 08 Dec 08 Dec + 14 days = 22 Dec 19   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total    Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   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 - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   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. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment? Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
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dazzaman12

cabot chasing old 2007 BC debt - all PENALTY charges

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hi everyone im lookin for help regarding a credit card i used to have in 2007

,i got hit with a lot of charges for late payment etc a i was strugglin to find a job .

 

the account got turned over to a debt collection agency and i told them i was in the process of claiming my charges back.

they understood the situation and put the account on hold.

 

i put my claim in to barclays and never heard a thing from them or the debt collection agency

and because the amount they ssaid i owed was practically charges i assumed they writ the debt off.

 

recently i have had a letter from the debt company asking where i was with the situation as i still owe the £2250 debt

and that i need to reply to them within 7 days or they will continue proceedings.

 

im at my wits end ,i dont know what to do as i thought it was all settled .

 

any advice anyone can give me will be much appreciated

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Barclaycard are very unlikely to refund charges easily.

 

What form did your charges reclaim take?

 

When did you send the first letter requiring refund?

 

You should really do a spreadsheet of the charges and claim interest as well.

 

Normal process would be to issue them with a preliminary letter requiring refund. If they don't pay then issue a Letter Before Action and if they still don't pay then you issue in court.

 

Have a read of Nos 3 and 4 in my signature and also look in the Barclaycard forum and in particular Shelley's success thread.

 

Are you going back further than 6 years for these charges?

 

Has the account been sold to the DCA or are they acting on behalf of Barclaycard?

 

Which DCA is it?

 

ims


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hi thankyou for replying,the dca is cabot financial

 

the letter states

,"we refer to our conversation back in august 2007 that you advised us you were disputing with barclaycard and claiming back the money

could you please advise us within 21 days your progress and barclaycard response.

 

if we do not hear from you within the timeframe your account maybe returned to our collections department who will contact you to discuss your payment options."

 

the outstanding balance is 2512(my limit was for only 1400).

 

i havnt made any payments for years and as i said i thought they had written the debt off

and i also dont know if its been six years yet (if it isnt it must be nearly six years)

over the years these are not the first company to try and make me pay

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check your CRA file

 

see below.

 

dx


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Thread has been moved to the correct forum.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

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1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

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im looking for advice regarding a barclaycard i had in 2007,

 

i was in a bit of a mess because i was made redundant and ended up with quite a lot of charges my credit limit was for £1400

but my actual bill went up to £2500 due to charges.

 

i was glad when you were able to claim your charges back and contacted barclaycard to do so,

to which they said they would process it and doing the figures myself i thought this will clear the money i owe to them and destroyed the card.

 

i never heard from them saying i owed money so assumed my debt was wiped and that was the end of it

 

but not long after i got a letter from cabot saying i owed them the money as barclaycard had passed it on to them,

so i contcted them and explained that i was claiming the charges back and they said let us know how i progress.

 

i wrote to barclaycard and recieved nothing and told cabot the samething.

 

i never heard from them again up until last wek where they have sent a letter saying that they wrote to me back in 2007

regaring this outstanding debt and want to know the outcome.

 

i have recieved another letter today saying that they will give me another 14 days to contact them

and if i dont they will return my account to the collections department for them to take further action.

 

if anyone can give me some advice on this i would really appreciate it and thank everyone in advance for taking the time to read this and if so for their responses

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Did you calculate the charges owed to you,and have you got statements ?

If not then,you need to do a SAR to get copies.

Then submit a formal demand to Barclaycard for a refund of the charges plus interest.

In the meantime,I would write to Cabot and inform them that they should suspend any collection activity,since you are pursuing refund of charges,and therefore they should treat the account as being in dispute.

Ask them for a copy of their complaints procedure.


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Hi Dazza,

 

Use this spreadsheet to enter all default charges after changing the APR to 24.9% - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Read some of the BC **WON with Compound Interest** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

When you come to do your Prelim Claim letter, there's some changes needed when you refer to reclaiming "interest applied by BC to the a/c." Instead, you'll tell them you are claiming interest in restitution as per the case of Sempra Metals v Inland Revenue Commissioners.

 

But we can deal with this in time. You have a bit of reading and learning to do first.

 

:-)


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hi all im looking for some advice about a phone call i recieved this morning from cabot.

its been a few months since their last call and i was told i have an oustanding debt to barclaycard which i defaulted in 2007 for the amount of 2500.

 

i told them the same thing everytime they ring up that i was claiming back my charges my card limit was for 1400 the rest was charges and at the time of claiming the only response i got from barclays was it was been dealt with and since i never heard from them again i assumed the debt was cleared as i never heard anything for 12 months.

 

the guy on the phone then said i need to pay just a small amount to show im willing to pay the debt and i said if i did then i would be admitting to debt so i wasnt prepared to pay anything to which he said but it is your debt and you need to clear it ,so i suggested he get in touch with barclaycard and ask them to sort out my charges to which they would find the debt would be cleared with the interest i was owed.

 

he then said so you are not going to pay and default the debt and i replied yes to which he said thankyou and would be in touch.

 

the question i need answering is where do i go from here ?

will they be taking me to court after all this time?

 

will someone come knocking at my door?

 

any help would be much appreciated and thankyou in advance

Edited by citizenB

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hi all im looking for some advice about a phone calllink3.gif i received this morning from cabot.

 

its been a few months since their last call and i was told i have an oustanding debt to barclaycard which i defaulted in 2007 for the amount of 2500.

 

i told them the same thing everytime they ring up that i was claiming back my charges

my card limit was for 1400

the rest was charges and at the time of claiming the only response i got from Barclayslink3.gif was it was been dealt with

and since i never heard from them again i assumed the debt was cleared as i never heard anything for 12 months.

 

the guy on the phone then said i need to pay just a small amount to show im willing to pay the debt

and i said if i did then i would be admitting to debt so i wasnt prepared to pay anything

to which he said but it is your debt and you need to clear it ,

 

i suggested he get in touch with barclaycard and ask them to sort out my charges to which they would find the debt would be cleared with the interestlink3.gif i was owed.

 

he then said so you are not going to pay and default the debt and i replied yes to which he said thankyou and would be in touch.

 

the question i need answering is where do i go from here ?

 

will they be taking me to court after all this time?

 

will someone come knocking at my door?

 

any help would be much appreciated and thankyou in advance

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They are trying to get you to take ownership of the debt by making a token payment - it is up to you whether you do this or not.

 

Have you actually submitted a claim for the charges to B/shark ?

 

A letter advising that it is being dealt with then no contact from them sounds pretty much to me, that nothing has been done and you might need to chase this up.

 

There is a process that needs to be followed for Cabot to start legal action.. almost certainly you need to keep everything in writing and if they telephone again tell them that you do not discuss your finances over the telephone and that they must contact you by letter.


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You are being tricked in to paying this debt is or nearly statute barred, ''the small'' amount will restart the 6 year clock.

 

Stay off the phone, if they call again say you will communicate early in writting.

 

Check your credit referenve file asap, do you know when the last payment was made??

 

Court is very, very unlikely as this may already be stat barred.

Any doorstepper should be ''invited'' to leave, you are under no obligation to speak to them.

 

If you know when the last payment was made I can draft a letter for you to get rid of them for good.


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thankyou for the reply ,its been nearly six years now since i last had contact with barclaycard i dont have any paperwork or account number ,would it be wise getting intouch with them or keep fobbing cabot off until six years is up( in may)

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moved to the BC forum and retitled

 

stay off that phone

 

and DONT get spoofed

 

DCA's are NOT BAILIFFS

 

and have

NO SUCH LEGAL POWERS

 

to do anything to you.

 

dx


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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

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You could if you wish send a CCA request to Cabot - there is a draft letter in the CAG library - you will need to include £1.00 with your request.

 

You could add to the draft letter, that as they appear to be hounding you for an account fo which as yet, they have provided no details, then you are making a legal request for a copy of the contract to which they say you have a liability to pay.

 

Head your letter "I acknowledge no liability to either you or any company you represent"


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HERE

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Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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4 threads merged on the same debt

 

please keep to ONE thread per debt

 

dx


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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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hi and sorry about the threading im not what you would call computer literate im afraid so i apologise ,but thankyou everyone for the great advice and i cant remember when i last made a payment im assuming it was before or may 2007 as cabot keep harping on about "you defaulted on the account in may 2007"

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So defaulted May '07 so this ''COULD'' be statute barred NOW allowing for last payment 4-5 months befoer the default.So the following letter can do no harm cannot reset the 6 year clock but may get rid of them now.

 

The Compliance Manager

Cabot Financial

 

Ref: use theirs.

 

Sir,

 

I refer to your communications regarding an alleged debt fo £xxx .xx please take note I do not acknowledge any debt or liability to Cabot.

 

I musthan Cabot for prompting me to check my credit history this has led me to conclude that any such alleged debt is in fact statute barred, therefore I will not now or in the future make any payment or offer of payment in regard to this matter.

 

Should Cabot wish to dispute the status of the alleged debt I remind you that the onus of proof that the allged debt is not statute barred lies entirely upon Cabot Financial, it is not for me to prove that the alleged debt is statute barred.

 

I am fully aware of the OFT Guidance 2003/2012 and the sections regarding statute barred debt.

 

You will now cease to process all data relating to me and remove it from your records, confirmation of your complaince should be made within 7 days.

 

For clarification and the avoidance of misunderstanding: The alleged debt is statute barred, I will not make payment, the communication is not in any way an admission or acknowledgment of any debt or liability to Cabot Financial.

 

This is my final response.

 

Recorded Delivery and check receipt.


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give BC a call and ask

 

dx


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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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No harm in that at all!!!


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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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thanks again everyone ,you've helped a man stop fretting ,i hope to one day be as clued up as you so i can repay you by giving others advice.

kind regard to everyone and have a great 2013

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Hi Dazza,

 

It may be sensible for you to check yourself when you last paid towards the a/c.

 

Although it may have been defaulted back in May 2007, is it possible you made any payments after that.

 

If not, you can reasonably assume the debt is now Statute Barred.

 

If you think you may have made any later payments, try to find out when from your own records.

 

:wink:


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Hi everyone ,today I have received a letter from clarity which I have uploaded for you to view .

it is from originally a Barclaycard I used to have and basically went down the lines of claiming my charges back.

to cut a long story short I sent off the relevant letters to claim it back which I stated what I owe on the card you owe me 300 more than what I owe you so if you agree we will call it quits basically.

got a letter saying looking into my complaint then heard nothing ,until about 7 months or so down the line caboot came on the seen saying I owed them the the money and they having been chasing me since for it from 2007 or could be 2006 not sure and now Im getting this clarity chasing me who I have told the account was disputed years ago .

and now as you can see after hearing nothing for 3 months from these people I get this letter with the huge discount on.

what do I do!

should I pay it just to get rid of them or continue to ignore them.

any advice would be really appreciated

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Ignore it. If ilthey are offerig a discount then it is more than likely there is something wrong with the account. If u havent made a payment kn the account or acknowledged it in this time then it is statute barred anyway.


Please add to my reputation....

SUCCESS - Capital One PPI, Three Mobile charges, Orange Mobile charges, MBNA PPI

Wonga, Lowell, MMF 2 accounts, Provident x 3 Accounts, (ALL Unable to provide CCA)

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