Cabot/mortimer claimform - +15 yr old HSBC Credit Card 'debt' - ** CLAIM DISCONTINUED **

[saintorsinner]

do I put the account in dispute , since the account was opened in 1995/6 and the last payment was say 2013 would they keep the signed cca for that long?

[theoldrouge]

highly unlikely they will have it, stop them in their tracks

 

just get it sent by recorded/special delivery

[Northernpug]

Get the CCA request sent ASAP and also as previously advise send a SAR to the bank. You need to know how much you have paid off, what the balance is and if there are any reclaimable charges/PPI

[saintorsinner]

the letters states "you would be able to submit a defence to any claim made which the court would consider, but if a CCJ was subsequently awarded it stays on your file for 6 years."

 

 

Question if I defend the action and lose , providing I pay within the 14 days surely it isn't a wont me marked down?

 

part of me , is thinking wait let them rack up cost as they don't have a leg to stand on , if they do send the papers , my defence is that this debt I do not recall as mine , inform the courts I need proof as in a CA

[Old Cogger]

Get the CCA1974 request off 1st class Recorded Delivery, or they may get away with it. No if/buts get it off Monday with £1.00 Postal Order ,

[dx100uk]

scan up the letter please!

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

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ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

[saintorsinner]

done

[renegadeimp]

Standard threat letter. Just carefully worded.

[dx100uk]

yep

 

 

designed to make you contact them.

 

 

send the CCA request to CABOT

 

 

blank £1PO don't sign anything

 

 

dx

[saintorsinner]

so its the standard threat o gram?

[theoldrouge]

part of me , is thinking wait let them rack up cost as they don't have a leg to stand on , if they do send the papers , my defence is that this debt I do not recall as mine , inform the courts I need proof as in a CA

 

standard threats, but get the cca request sent

 

forget any of these ideas, if eventually they did proceed, the court would expect both parties to have complied with CPR1

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01#1.1

[saintorsinner]

thanks everyone.. its certainly one of the better letters .

[saintorsinner]

I have sent off the CCA,

 

 

I have been reading pre action conduct from April 2010 online and it appears my letter does not come even close to complying.!

 

 

Is Cahbot so ignorant of the law , or are they fully clued up and push upto the line and never cross?

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/practice_directions/pd_pre-action_conduct.pdf

[renegadeimp]

Cabot never do anything right. They're simply too damn greedy. That's why if you ask them the right questions, they get scared and drop into desperation.

[saintorsinner]

they would need to disclose documents relevant to their claim , so in this case the CCA , the letter is so wrongly worded . Plus there are penalties for not using a compliant letter before claim letter

 

 

yeah its the first time a letter has rattled me , over the years ive had 100s

[saintorsinner]

Hi everyone sent this letter a few days ago and just wondered what the next steps were with them

 

 

Dear Mr Stannard

 

 

Account No: XXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to HSBC.cards

 

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

 

I look forward to hearing from you.

 

 

 

[saintorsinner]

Update...

The 7 day deadline been and gone and then a another letter stating it would be passed to Mortimer Clarke solictors

From this forum , they are slap happy with issuing CCJs , One thing I did notice though , the letter from Mortimer was issued by Cabot as the return address was the same ,

[dx100uk]

they are the same lot

just a diff bloke at a diff desk in a diff coloured skirt

 

 

quite honestly I'd not be inviting letter tennis now

 

 

 

 

dx

[saintorsinner]

so what do you suggest , silence from me?

[saintorsinner]

I have received a letter from Mortimers saying they WILL proceed with legal action in the next 14 days

[dx100uk]

what with no agreement provided

 

 

scan it up please

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures

please put these into WORD and make a multi page document

.

first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

[saintorsinner]

try this I have converted to PDF

 

 

may thanks

 

here is page two , sorry I couldn't convert more than 1 PDF per hour

 

 

Many thanks for your help and understanding

[dx100uk]

no it says instructed read it properly

 

 

dx

[saintorsinner]

on the 2nd page it uses the word WILL

[dx100uk]

no read it properly!!

 

 

it say 'proceedings' will be started

 

 

doesn't say 'what' proceedings they are mind, just another letter.

 

 

clever use of words.

 

 

they've no enforceable CCA as far as we've seen on this thread?

 

 

and that's a cleverly worded discount letter.

 

 

dx