Jump to content


  • Tweets

  • Posts

    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    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? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    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 ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   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. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
    • The cost of living in Britain over a person's lifetime is over £1.5m, new findings have claimed as the nation feels the squeeze amid soaring energy costs and dismal interest rates on cash savings.View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Cabot CCA return for old Sky Card - help


mrsimmo189
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2317 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 84
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

tell us the full story please

 

 

is this on your credit file?

 

 

is it defaulted?

 

 

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... 

Link to post
Share on other sites

Hi

 

I have been in DMP for over five years with this debt on my credit file

and have been paying regular small amount each month,

 

the debt was originally Sky Card and then went over to Barclay card although sold on to Cabot.

 

I have been trying to source a copy of the credit agreement and

 

today I received a copy from Cabot of Barclay Card terms and conditions

and Sky card Terms and conditions although no signature is present on any of the conditions.

 

Additionally today from Cabot

I received a letter stating that a debt they purchased from LLoyds will now not be pursued

due to the fact Lloyds are unable to provide relevant document or information.

 

However they say I must not be confused or misinterpret this as a write off of the outstanding balance to this account

and the debt legally remains so therefore Cabot will continue to report to the Credit Reference Agencies accordingly ?

 

Any advice will be greatly recieved on both counts

Link to post
Share on other sites

so bottom line is they are stuffed

 

 

stop payments

 

 

they've been cash cowing you.

 

 

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... 

Link to post
Share on other sites

What do I do stop both companys and not pay either

 

 

should I send another letter to Cabot to clarify that what they have sent is not sufficent then

 

 

and that as they have not supplied my signature they are at default.

 

 

This is so confusing although there is now some light at the end of the tunnel

xxx

Link to post
Share on other sites

you do nothing more

 

 

no cca = no pay

 

 

end of.

 

 

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... 

Link to post
Share on other sites

Hi Mrsimmo and welcome to CAG

 

If you want to discuss the Lloyds a/c, start a new thread and use this one just to discuss the BC a/c.

 

Is this a fee-paying DMP or a free one. If you pay any fees, you should stop using the DMC and pay direct to those that you need to.

 

As you've been paying off these debts over the past 5 years, they will drop off your CRA files in a year or so.

 

Re the BC a/c, were there any Penalty Charges or PPI added to the a/c. If so, you can reclaim these to reduce the balance owed. Also, with Penalty Charges on a BC a/c, we recommend claiming compound interest which can greatly increase the amount you get back.

 

If you don't have your a/c statements for the a/c, you can get this info with a SAR.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

the lloyds debt is dead

 

 

 

 

when did you take the sky card out

if it was before apr 2007

then they MUST hold the signed agreement

 

 

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... 

Link to post
Share on other sites

Coniff

 

You Say that this is still binding however dx says that not to pay any more can you clarify please on Cabots reply regarding my Sky/Barclay card

xx

A recon agreement Must have:

 

 

The Ts &Cs at the inception of the agreement and those at closure.

Your name and address at inception and the Creditors name and address at inception so Must be that of the original card provider.

 

 

Any docs mentioned in the Ts & Cs

And a current statement of the account signed and date by the company.

 

 

Without these the recon fails to meet the CCA request.

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:

Link to post
Share on other sites

Hi

 

 

with regards to the Sky Card this would of been well before 2007

 

 

does that make a difference then to the situation ?

 

 

It has printed at the top of the condition page on both sky and barclay card

my name address

 

 

however no signature on either documents

 

Thanks

xx

Link to post
Share on other sites

then anyone wishing to goto court must have the signed copy

 

 

if they ain't got that

 

 

they don't get any money till they do.

 

 

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... 

Link to post
Share on other sites

Hi

 

 

with regards to the Sky Card this would of been well before 2007

 

 

does that make a difference then to the situation ?

 

 

It has printed at the top of the condition page on both sky and barclay card

my name address

 

 

however no signature on either documents

 

Thanks

xx

Signatures are not needed on recons, however if this agreement was signed prior to April 2007 the original agreement is needed.

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:

Link to post
Share on other sites

On the terms and conditions there is no date as to when the card was signed for

 

 

however on the top of the conditions of the Sky agreement terms,

there are 3 sheets,

one of them has a date on the top of the sheet 18/07/07

the next has date 20/01/07

 

 

by this I would conclude that the card was prior to April 2007

 

 

do I need now to clarify when this card was started

 

 

then insist on a copy of agreement with a signature

 

 

Thanks for your help on this matter

 

xxx

Link to post
Share on other sites

As above. STOP PAYING. They have said they dont have the paperwork, yet they are trying to bluff you into paying. It doesnt matter what they say or threaten. They know very well that no paperwork means no money for them.

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

Link to post
Share on other sites

On the terms and conditions there is no date as to when the card was signed for

 

 

however on the top of the conditions of the Sky agreement terms,

there are 3 sheets,

one of them has a date on the top of the sheet 18/07/07

the next has date 20/01/07

 

 

by this I would conclude that the card was prior to April 2007

 

 

do I need now to clarify when this card was started

 

 

then insist on a copy of agreement with a signature

 

 

Thanks for your help on this matter

 

xxx

 

 

nope you do nothing more

 

 

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... 

Link to post
Share on other sites

Coniff

 

You Say that this is still binding however dx says that not to pay any more can you clarify please on Cabots reply regarding my Sky/Barclay card

xx

 

 

dx is the one you should be taking notice of mrsimmo, he is the expert in this department. I will remove my post.

Link to post
Share on other sites

On the terms and conditions there is no date as to when the card was signed for

 

 

however on the top of the conditions of the Sky agreement terms,

there are 3 sheets,

one of them has a date on the top of the sheet 18/07/07

the next has date 20/01/07

 

 

by this I would conclude that the card was prior to April 2007

 

 

do I need now to clarify when this card was started

 

 

then insist on a copy of agreement with a signature

 

 

Thanks for your help on this matter

 

xxx

 

 

What you have received May just satisfy a CCA request, if the agreement was signed prior to April 2007 the original signed agreement is required to enforce payment via the courts.

 

 

Can you conclude that these " terms and conditions " are complete?

 

 

Personally I would think the dated sheets are in the wrong order, if so yes it is prior to April 2007, it would help if you could post copies with personal data redacted here so we can see what you have.

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:

Link to post
Share on other sites

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGi

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

.

- 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.

.

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!!

.

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... 

Link to post
Share on other sites

Good Day

 

 

I have tried to scan etc etc my documents and followed above instructions but somehow got completly messed up converting to this and that

 

I have today received from RBS a copy of credit card agreement that I had with them with my signature

however there are no dates as to when the account was opened

do I just accept this now.

 

 

As I have been paying into a DMP since 2008 do I now cease paying them a

nd wait for the wolves to appear at my door again with regards to Sky/Barclay and LLoyds

 

 

although LLoyds have admitted they are unable to trace copy of agreement

 

 

and Sky/BArclay have supplied reconstituted copy with no signature.

 

Thanks for any clarification

Link to post
Share on other sites

you ideally need to be making a thread for each 'debt'

in the named bank forum

off the top main forum tab.

 

 

did you get T&C's of the correct date with the RDB one?

 

 

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... 

Link to post
Share on other sites

use this thread for the sky card

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... 

Link to post
Share on other sites

I have a copy of the t & C from Cabot who now have this debt on Sky/Barclay card

 

 

however no signature is evident on any of the documents and

 

 

as I stated previously I believe this to have been started prior to April 2007.

 

 

Do I ring my DMO and now argue with them about any more payments for this debt or any other that I have dispute.

 

Help

 

xx

Link to post
Share on other sites

nope you do nothing more

 

 

stop thinking these people have any legal powers

they are NOT BAILIFFS.

 

 

until/unless they provide a signed agreement if its pre apr 2007

 

 

they are stuffed and they know it

 

 

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... 

Link to post
Share on other sites

Which DMC is helping you service your debts and is it a free service or do you pay fees.

 

Depending on which DMC you're using, they may not agree to stop servicing just one debt and may insist that you continue to service ALL creditors on a pro-rata basis.

 

However, you could simply stop using the DMC and continue to pay those creditors that you choose.

 

Can you have another look at post #7 and answer my Q's about PPI and penalties.

 

:-)

Edited by slick132

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...