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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    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? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   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? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     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? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Coast claim for Possession - old Welcome secured loan - twarted but still chasing and threatening again to repo


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for the debts you have with these people

kensington

Coast (EX welcome secured loan)

 

i would most certainly NEVER do what you are thinking of.

 

both are very well known to purposefully inflate debts with all manner of unlawful things that can all be challenged and reclaimed.

it just takes a bit of effort.

if you deal with these now, by the time it comes around to a remortgage in 9yrs these will be clear of all your credit files leaving you a good chance of a successful re mortgage with a prime lender.

 

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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stop talking on the phone   sar welcome CCA coast …. or scan up to one PDF what you got back.   dx  

You mean land registry but the charge is still in welcome name not coast?

did we ever get all the statements from welcome via sar from day one on both this and the loan is refinanced was it?   so they get their money anyway when you sell.  

Posted Images

9 hours ago, surrey_36 said:

I have sent Coast an Income & Expenditure to hopefully organise a token payment to them but they have replied asking for :

 

1. 3 months Bank Statements and proof of income, wage slips or benefits'

2. Is 12st charge mortgage on an interest only or repayment and what's the remaining term.

 

I don't feel comfortable sending this information at all especially given the unbelievable tactics they have used before (contacting neighbours) - leaving Royal Mail while you were out cards to get you to call them etc)

 

However, not so long ago I had court date from them and I don't want to go down that road again, the thought of court is too stressful and brings me very strong anxiety.  I would like to come to an arrangement with them (albeit very small/token as I am struggling on a single income with 2 children)

 

Thank you to anyone that can help me on this 

 

 

Youre being scared into complying. Dont. Even if they try court, they need a ton of specific stuff. And it really sounds like they dont have it.  Don't get yourself marked as gullible.  They do NOT care about you. To them you're just a number.  They want your money no matter how they get it.

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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Thanks for reply DX and Renegadeimp - I got a court date through back end of last year and it terrified me the thought of losing my house over this.  They did indeed successfully scare me! Due to covid the court date was cancelled (big relief) and I was advised to try and settle the matter directly with them.

 

I have sent SAR but the info they sent doesnt date back as far to the beginning.

 

Am I in my right to send another SAR?

 

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when was this sar sent?

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes.

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

I am going through a previous SAR response, what is CAPITILISATION? there seems a lot of these..  apart from that thee is charges for letters/phone calls/visits

 

Received attached letter today..   Typical of them to throw in the nasty comment about repossession next month.. These people have filled me with fear for years!

 

Looking back through paperwork - I had forgotten about all the things they had done.  It does not surprise me for a period of my life I went into such terrible depression as reading back though everything its absolutely shocking.

 

One thing they have continuously done is contact my neighbours about me, asking questions about my activities.  The SAR states that an agent visited my house a few times in 2020 and spoke to the neighbour about me.

 

According to this letter I have 7 days to return bank statements before another court date hearing is set.

 

Coast - Welcome.pdf

Edited by surrey_36
wrong file type
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posts moved to your existing welcome thread

 

lets have the full letter please

bet it doesn't say WILL anything.

 

i'm in very busy period and i'll review later the whole thread

 

and we still after asking numerous times since 2011 seen these statements surrey...you need to fight back....

 

On 22/09/2019 at 11:33, dx100uk said:

capitalisation is welcomes word for interest .so not reclaimable

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Why don't you engage with Coast and see what help they will offer you ?

 

If you don't engage with them, then I can see them using this against you, if this went to Court.

 

Is there a way you can downsize/move to cheaper Housing area and enable equity to be released ?

 

 

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Thanks Uncle Bulgaria, at the moment Im on an interest only mortgage that is at the end of term in 10 years.   I pay around £370 a month for mortgage - at the moment..  I've often thought of selling to access equity but very promptly been talked out of it and told i would be nuts to get off the ladder as would be impossible to get back on.

 

 

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  • dx100uk changed the title to Coast claim for Possession - old Welcome secured loan - twarted but still chasing and threatening again to repo

threads merged.

hows this SAR to welcome and  coast etc going?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Capitalisation is when the creditor adds the default and charges to the amount outstanding on the agreement, then re-finances the whole lot at the same rate.  It effectively forms a new agreement with an increased credit.

 

I see this is an interest only Mortgage, so the default sums will be added to the principle. Do youhave a policy in place to settle the initial loan.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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capitalisation on welcome statements means interest.

this is a std secured loan.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx I manage to locate quite alot of paperwork from welcome sent previously - what am I looking for? Im a bit worried that they are going to start court proceedings after their letter last week, im not keen to send them bank statements

coast.jpg

 

Hi peterbard this is a secured loan , i dont believe there is any policy in place

 

dx should I have sent an SAR to Welcome and Coast even though Coast had taken over the loan?  I have a pile of paperwork i have located thats about 2 reems of paper, from the SAR's I have sent previously.  There is a lot of information - the SAR requests more recently were sent on CDROM and were not accessible after a certain amount of time (i think the username and passcode expire or something)

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i see you have all the statements in the earlier post 

 

pop welcome int rate in cell d15 of out CI sheet

Latest Spreadsheets - PPI Claims and Charges Claims - Dec 2011 - Payment Protection Insurance (PPI) - Consumer Action Group

 

enter every penalty charges. on it date

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you DX

there are some capitalisation charges of £10 or more - am i correct in saying that any capitalisation charged are not claimable

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:rockon:

default sum int fee is.

 

i'm trying to workout when int was stopped 

you set the claim to date to that.

 

then take that whole total from the CISHEET

pop it into a copy of the statint sheet as a whole sum 

the day after their int stopped

leave the claimto date alone

 

that gives your total reclaim figure

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

How do i find out the welcome interest charge - is the one on the agreement - as at the bottom of the statements it has different interest rates for different years !

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pick a rough avg

its pretty much immaterial.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can you advise best way to respond to their letter posted above as states I have 7 days to respond before they set a new hearing date, 7 days has elapsed

Edited by surrey_36
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no you haven't

its a threat, 

doesn't say will anything

i could instruct my dog to sit

if it does is another matter.

 

you should be well versed by now with carefully reading letters

you've had enough of them..

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Worth a phone call or email at the least....this is not like dealing with a catalouge debt.....it's a serious threat which you can't treat like bluff.

 

Andy

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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