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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
      • 1 reply
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Cabot/Restons claimform - old Cap one debt***Claim Discontinued***


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Hello this is going to be a really rushed thread because I decided to try and go this alone,

but think I have made lots of mistakes :-(

 

 

I had a claim form through with the claimant: Cabot Financial (uk) Limited

with the address for sending detail as: Restons Solicitors Limited

 

 

I asked the court and they said all documentation and payments needed to be sent to Restons. I sent my CCA request there to which I have received this reply:

 

 

Dear Madam

 

Please find enclosed a draft letter which purports to come from you but which is unsigned.

 

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response.

 

Yours Faithfully

 

Mr S Bray, Litigation Executive

pp Restons Solicitors Limited

 

 

I think i have not only messed up by leaving it so late....my defence is due tomorrow,

but the court recommended i send it today, but also by only sending a CCA request and nothing else.

 

 

I spoke to Restons on the phone and they said i should have sent the CCA request to Cabot not Restons.

 

 

Have i also messed up there?

 

 

The court said that if a company has a solicitor working on their behalf then all correspondence

and any payment should go though them.

Although there was no mention of this in the letter,

Restons only told me that on the phone!

 

If there is anyone there ASAP that could help with what to write in my defence,

 

 

which I have to fill out today,

 

 

i would be forever grateful. Or do i even have a defence now??

neutral.gif

thanks in advance

 

 

Linzi x

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I forgot to add the particulars of the claim in a rush to get this posted, sorry.

 

 

The Claimant claims payment of the overdue balance

due from the Defendant under a contract between the defendant

and Capital One dated on or about Nov 10 2007

and assigned to the claimant on Mar 29 2011 in the sum of 351.48

 

 

Particulars a/c no 4**************5

 

 

Date Item Value

17/12/2014 Default balance 351.48

PostRefrl Cr NIL

TOTAL 351.48

 

Also is in my maiden name..

 

 

..i have been married for 7 years

 

 

but according to Cabot it isn't statute barred until August grrrrr lol

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Cabot is the claimant

The original creditor was capital one and it was a credit card

I don't have any of the paperwork so i'm not sure if i received a default notice or statutory notices headed “Notice of Default sums” – at least once a year.

 

 

sorry for not including it before. I was thinking maybe I don't have a defence now as i haven't sent the CPR request only the CCA. Is this and the above post enough information?

 

 

thanks

Linzi x

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I neither admit or deny and have no recollection of any agreement.

 

I have no recollection of the debt to be assigned/purchased.

 

I have no recollection of any agreement with Capital One.

 

I have sent the claimant a CCA request, which they have failed to provide.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

Until such time the Claimant can comply with my request for a copy of the agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Is this any good for my defense? I need to get it sent off tonight as it has to be there by tomorrow

 

 

Linzi x

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Site team are aware, hold off submitting for a while and someone will look in on you later on .

 

Can you please let us know the date of issue of the claim - top right hand corner of the claim form.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

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

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Indeed, midnight tonight, 10th February.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

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

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes, which is why i am now panicking lol, i was fine until they sent my CCA request back. Planned on sending my defence earlier this afternoon. Still not clever enough to go it alone...i can be stupid at times ha.

 

 

Linzi x

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Sorry to hijack this thread. Can anyone confirm a Notice of Assignment must be sent by original creditor or legal assignee. Am i Right in thinking an NOA cannot be issued by an equitable assignee? Court hearing in 2 days!

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Is there anyone online that could let me know if the defence I wrote in an earlier post will be sufficient for this claim please? I only have until 23.59 to get my defence completed and sent off.

 

 

thanks

 

 

Linzi x

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Sorry to hijack this thread. Can anyone confirm a Notice of Assignment must be sent by original creditor or legal assignee. Am i Right in thinking an NOA cannot be issued by an equitable assignee? Court hearing in 2 days!

 

 

go start a new thread

 

 

of your own.

 

 

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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Is there anyone online that could let me know if the defence I wrote in an earlier post will be sufficient for this claim please? I only have until 23.59 to get my defence completed and sent off.

 

 

thanks

 

 

Linzi x

 

 

actually it was 4pm ideally

 

 

lets have a look.

 

 

back later when I've read things.

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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cant see how you made this mistake

you've already been in court at least once

and recent!!

 

 

is this the same debt please?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?77400-Lyndsey-v-Capital-One-issued-N1-for-charges-reclaim

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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I honestly don't know, looking at the date i would have to presume it is the same debt.

 

I have done this recently, and successfully which is why i thought i could handle it myself,

 

 

that was until i received the letter mentioned in an earlier post in this thread, just after dinner today.

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how are cabot claiming its not sb'd?

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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I am not sure,

 

 

i did make £1 postal order payments to some companies in 2009 when i was going to do a payment plan with the national debtline.

 

 

I can't remember if they were included in that,

that might be why they say it isn't statute barred until august because that would fit with the timescale.

 

 

Would they have the proof of that payment?

 

 

This is why i went the CCA request way because I can't be 100% sure it is statue barred

and if I go the sb'd way is that not admitting the debt so i couldn't use the CCA?

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how have they said it I not statute barred please

 

 

so you've already been in contact with them and said it was?

 

 

please, we need to lock this down.

 

 

if its SB'd file the SB defence

and get a CCa request off to cabot now.

 

 

yo really should have been gathering all this info together

you've had a claim already whereby this came up.

 

 

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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no you sent it to restons

 

 

it should have been to cabot?

 

 

is this on your credit file?

 

 

the issue I see is this is post apr 2007

so a recon can be used

on a CCA return.

 

 

which is why I'm pers opting for SB?

 

 

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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why do you keep phoning these people

you should have learned by now never phone a fleecing DCA.

 

 

I think you should file the SB defence

and CCA cabot

see what the others say in the next hour

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

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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